[Adopted 6-13-2019 by L.L. No. 1-2019]
A.
No person shall excavate or dig in or through any pavement or street
in the Town, or part of such pavement or street, or other pavement
or terrace or sidewalk or any part thereof, nor shall any person relay
or dig up or construct any sidewalk in the Town, except upon notice
to, and except with the consent of, the Town Highway Superintendent.
B.
Any such excavation or digging or construction in any street of said
Town, or relaying or constructing or repairing of any such sidewalk,
shall be done under the supervision of said Town Highway Superintendent,
who shall take personal charge of said work, in order that no danger
shall result to the traveling public and that the same shall be properly
protected and speedily restored to a safe and proper condition.
It shall be unlawful for any person to injure or tear up any
pavement, sidewalk or crosswalk, drain or sewer, or any part thereof,
or to dig any hole, ditch or drain in any street, pavement or sidewalk,
without authority from the Owasco Highway Superintendent or Town Board,
or to hinder or obstruct the making or repairing of any pavement or
sidewalk or crosswalk under any law or resolution of the Town Board,
or to hinder or obstruct any persons employed by the Town Board or
the person employed by them in making or repairing any public improvement
or work ordered by the Town.
Unless caused by the owner of property abutting upon a public
sidewalk, it shall be the duty of the Town of Owasco to maintain said
sidewalk in a good state of repair and to repair any and all defects
therein.
A.
Every owner or occupant of any house or other building, and every
owner or person entitled to the possession of any vacant lot, and
any person having the charge of any church or other public building
in the Town, during the winter season and during the time the snow
shall continue on the ground, within 12 hours after a snowfall, shall
keep the sidewalk in front of such house, building or lot free from
obstruction by snow, and shall also at all times keep such sidewalks
clean and free from all dirt, filth and other obstructions or encumbrances.
B.
No sidewalk shall be closed to pedestrian traffic or obstructed by
repair and/or maintenance equipment. If repair and/or maintenance
of a structure adjoining a sidewalk is necessary, the owner shall
make provision to maintain the flow of pedestrian traffic on the adjoining
sidewalk and shall protect the safety of those using the sidewalk
by erecting a safety barrier and maintaining an enclosed passageway
through the work area. A permit for the erection of a safety barrier
and enclosed passageway shall be obtained from the Code Enforcement
Officer upon presentation of an application and a suitable plan reflecting
such detail as may be requested by the Code Enforcement Officer. An
approved safety barrier and enclosed passageway shall not extend into
or obstruct an adjoining public street.
All persons shall be and are hereby prohibited from sled riding
or coasting on any sidewalk in the Town.
All sidewalks which are installed to replace existing sidewalks
or installed as new sidewalks along street frontages in alignment
with adjacent sidewalks, or between the property line and the pavement
or curbline if there is no adjacent sidewalk, shall be four feet in
width and constructed of concrete.
No civil action shall be maintained against the Town or any
Town employee or official for damages or injuries to person or property
sustained by reason of any defect in the sidewalks of the Town or
in consequence of the existence of snow or ice upon any of its sidewalks,
unless such sidewalks have been constructed or are maintained by the
Town pursuant to statute, nor shall any action be maintained for damages
or injuries to person or property sustained by reason of such defect
or in consequence of such existence of snow or ice unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk and there was a failure or neglect to cause such
defect to be remedied, such snow or ice to be removed, or to make
the place otherwise reasonably safe within a reasonable time after
the receipt of such notice.
The written notice required hereunder shall contain at least
the following information:
A.
The name and mailing address of the person giving notice.
B.
A precise statement as to the nature and extent of any defective,
unsafe, dangerous or obstructed condition or the existence of snow
or ice upon any street, bridge, crosswalk, culvert, park, parking
lot, sewer, reservoir, water tower, electrical distribution equipment
or other Town property.
C.
The approximate date that such condition first became known to the
person giving notice.
D.
The exact location of such condition, giving wherever possible reference
to street address or addresses, utility pole number or other geographic
reference as will aid the Town in properly locating and correcting
such condition.
