[Adopted 12-28-1943 (Part II, Ch. 14, Sec. 14-1, of the 1964 Code)]
As used in this article, the following terms shall have the meanings indicated:
- Any established sidewalk or path for pedestrians alongside a public highway, whether the sidewalk is paved or not.
Each and every owner or occupant of a home, building or lot of land in the Town and along which there is a sidewalk shall keep the sidewalk free from snow and ice and shall remove or cause to be removed any and all snow from such sidewalk within four hours after any fall of snow occurring between 6:00 a.m. and 6:00 p.m. or, if occurring between 6:00 p.m. and 6:00 a.m., shall remove or cause the removal of the snow within six hours after the expiration of such period.
Each and every owner or occupant of a home, building or lot of land in the Town of Poughkeepsie, and along where there is a sidewalk, shall keep the sidewalk free from overhanging trees, bushes and other vegetation that interferes with the use of said sidewalk and shall cause said overhanging trees, bushes or other vegetation to be cut back so as not to interfere with the use of said sidewalks.
[Added 10-24-2007 by L.L. No. 24-2007]
Upon the failure of the person responsible therefor to remove such snow or to cause the removal thereof as required by § 174-2 and in the event that the snowfall shall exceed the depth of three inches, the Town Superintendent of Highways may, if he or she has available the necessary help and equipment, remove the snow from the sidewalks which have not been cleared. He or she shall report the cost thereof to the Town Board, which shall levy the cost against the property affected, and the sum so levied shall remain a lien against the property until paid.
Upon the failure of the person responsible therefor to maintain said overhanging trees, bushes or other vegetation so as not to cause impediment or interference with the use of the sidewalk as required by § 174-2, then in that event the Superintendent of Highways may, if he or she has available the necessary help and equipment, trim said overhanging trees, bushes and other vegetation or may contract for said maintenance. He or she shall report the cost thereof to the Town Board, which shall levy the cost against the property affected, and the sum of said levy shall remain as a lien against the property until paid and may be added to the owner's tax bill.
[Added 10-24-2007 by L.L. No. 24-2007]
Nothing in this article shall require the Town Superintendent of Highways to remove snow from the sidewalks of property not owned by the Town, and any such act as provided for in § 174-3 shall be entirely according to his or her judgment, which shall be final. The removal of snow by the Town Superintendent of Highways or his or her employees or his or her failure to do so shall not impose any liability upon the Town.
[Amended 5-3-2017 by L.L. No. 5-2017]
It shall be the duty of the owner or occupant of premises in front of which or adjacent to which there is a fire hydrant to remove snow from around the hydrant for a distance of three feet and between the sidewalk or the curb and to keep the fire hydrant free from snow throughout the winter.
[Amended 3-27-1996 by L.L. No. 4-1996]
In addition to the liability for the cost of removal of the snow from sidewalks as provided in § 174-3, the violation of this section shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
The provisions of this article shall be enforceable by the Zoning Administrator of the Town of Poughkeepsie who shall have the authority to write appearance tickets for violations. Each day of continued violation shall constitute a separate offense.
[Added 1-27-1999 by L.L. No. 3-1999]
A property owner who fails to comply with the provisions of this article of law and its sections, shall in addition to the penalties herein set forth be liable to those individuals who are injured by the property owner's failure to comply with the terms and conditions of this section if said failure to adhere to this section is the proximate cause of any damages or injuries sustained, and said property owner shall indemnify the Town of Poughkeepsie from any claims generated by the property owner's failure to fulfill the provisions of this chapter.