[HISTORY: Adopted by the Town of East Haddam as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-11-1953]
In the future, all roads that the Town takes over shall be at
least 50 feet wide.
[Adopted 4-6-1988]
No person shall plow, throw, put or cause to be thrown or put
any snow or ice from any private property or from any area in the
rear of said private property or in the area between a private dwelling
house or structure and the legally laid out sidewalk into any public
highway in the Town of East Haddam.
No person, either as owner, occupant or as the person entitled
to legal possession, shall permit snow to remain on the roof of any
building in such condition that the same may slide therefrom upon
any street or highway in the Town.
Whenever the sidewalk, or any part thereof, adjoining or fronting
any building or lot of land or any street, square or public place
in the Town of East Haddam shall have upon it an accumulation of snow,
sleet or ice, it shall be the duty of the owner, occupant or any person
having the care of such building or lot to cause such sidewalks to
be made safe and convenient by removing the snow, sleet or ice therefrom,
or by covering the same with sand or some other suitable substance,
and in case such owner, occupant or other person having the care of
such building or lot shall neglect to do so for the space of eight
hours during the daytime, the person whose legal duty it shall be
to clear the sidewalk, and so neglecting, shall be fined not more
than $25 for each occurrence, and every hour of neglect to make the
sidewalks safe in accordance with the provisions of this section,
after notice from the First Selectman or his designee, shall constitute
a separate offense.
If any sidewalk shall remain encumbered with snow, ice, or sleet
for four hours after the owner or person having charge or care of
the lot or building bordering on such sidewalk and legally liable
to clear the same has been notified by the First Selectman or his
designee to clear the same, and if the sidewalk shall not be covered
with sand or some other suitable substance, the Board of Selectmen
shall cause the same to be cleared and collect the expense thereof
from such owner or other persons. The Town Attorney shall, at the
request of the Board of Selectmen, collect by suit such expense as
a debt due to the Town of East Haddam.
It shall be the duty of the Board of Selectmen to cause to be
cleared all crosswalks and all sidewalks properly belonging to the
Town of East Haddam and not adjoining the land of private individuals.
[Amended 3-28-2018]
The Board of Selectmen shall provide for the reasonable inspection
of sidewalks, and shall order the owner or occupants of property adjoining
any sidewalk to remove the snow, ice, sleet or any foreign materials
impeding passageways thereon. If such removal is not accomplished
within four hours from the time of notice thereof, the Board of Selectmen
may remove such snow, ice, sleet or other obstacles, which shall be
a charge against the owner/occupant of the property adjoining such
sidewalk or the person responsible for such obstacles; and the cost
shall be collected by the Town of East Haddam from the person responsible
for the use of said Town, and if payment is not made within a sixty-day
period, there shall be a lien upon the property of the person responsible.
[Added 3-12-2015]
A.
Notwithstanding
the provisions of Section 13a-149 of the Connecticut General Statutes
or any other General Statute or Special Act, the Town of East Haddam
shall not be liable to any person injured in person or property caused
by the presence of ice or snow on a public sidewalk unless the Town
of East Haddam is the owner or the person in possession and control
of land abutting such sidewalk, other than land used as a highway
or street, provided that the Town of East Haddam shall be liable for
its affirmative acts with respect to such sidewalk.
B.
The owner
or person in possession and control of land abutting a public sidewalk
shall have the same duty of care with respect to the presence of ice
or snow on such sidewalk abutting his property as the municipality
had prior to the effective date of this section, adopted pursuant
to the provisions of Public Act No. 81-340 (C.G.S. § 7-163a),
and shall be liable to persons injured in person or property where
a breach of said duty is the proximate cause of said injury.
C.
No action
to recover damages for injury to the person or to property caused
by the presence of ice or snow on a public sidewalk against a person
who owns or is in possession and control of land abutting a public
sidewalk shall be brought but within two years from the date when
the injury is first sustained.
