The purpose of this article is to assure safe public sidewalks,
clear of ice and snow.
The provisions of Connecticut General Statutes § 7-163a
are hereby adopted as an ordinance of the Town of Newtown as set forth
below.
Notwithstanding the provisions of § 13a-149 of the
Connecticut General Statutes or any other general statute or special
act, the Town of Newtown 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 Newtown is the owner or in possession
and control of land abutting such sidewalk, other than land used as
a highway or street, provided the Town of Newtown shall be liable
for its affirmative acts with respect to such sidewalk.
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 toward the portion of
the sidewalk abutting his/her property as the Town of Newtown had
prior to the effective date of this article and shall be liable to
persons injured in person or property where a breach of said duty
is the proximate cause of said injury.
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.
