[Adopted 5-2-1977 byL.L. No. 3-1977]
No civil action shall be maintained against
any Town or Town Superintendent of Highways for damages or injuries
to person or property sustained by reason of any highway, bridge or
culvert being defective, out of repair, unsafe, dangerous or obstructed,
unless written notice of such defective, unsafe, dangerous or obstructed
condition of such highway, bridge or culvert was actually given to
the Town Clerk or Town Superintendent of Highways and there was a
failure or neglect within a reasonable time after the giving of such
notice to repair or remove the defect, danger or obstruction complained
of; but no such action shall be maintained for damages or injuries
to person or property sustained solely in consequence of the existence
of snow or ice upon any highway, bridge or culvert, unless written
notice thereof, specifying the particular place, was actually given
to the Town Clerk or Town Superintendent of Highways and there was
a failure or neglect to cause 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 Town Superintendent of Highways shall transmit
in writing to the Town Clerk within five days after the receipt thereof
all written notices received by him pursuant to this article and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received by him or her pursuant to this article
and Subdivision 2 of § 65-a of the Town Law to be presented
to the Town Board within five days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner.
This article shall supersede in its application
to the Town of Chenango Subdivision 1 and 3 of § 65-a of
the Town Law.
[Adopted 11-2-1987 byL.L. No. 6-1987; amended in its entirety 8-1-2005 by L.L. No. 2-2005]
These amendments to the Code of the Town of
Chenango are enacted for the purpose of promoting the health, safety
and general welfare of the community by imposing a duty on adjoining
and abutting landowners to public sidewalks in the Town of Chenango
to maintain, repair and keep them clear of snow and ice accumulations
and other obstructions, and to provide for the assessment of an annual
fee for seasonal snow removal from sidewalks located within a commercial
district.
For purposes of this article, the following
words shall have the meanings indicated:
ABUTTING OWNER OR OCCUPANT
The owner or occupant of any lands immediately adjoining
any public sidewalk within the Town of Chenango.
COMMERCIAL DISTRICT
Any properly constructed sidewalk areas (including driveways
as part of the walking lane) abutting Route 11 (Upper Front Street)
from the Town of Dickinson line to the intersection of Routes 11 and
12, and any properly constructed sidewalk areas abutting Route 12
continuing north from this intersection to the intersections of Route
12 and Theresa Boulevard, and any properly constructed sidewalk areas
abutting Route 12A to the Town of Fenton line, and any properly constructed
sidewalk areas abutting Kattleville Road from the intersection of
Route 12A and Kattleville Road to the intersection of Kattleville
Road and River Road.
[Amended 1-4-2012 by L.L. No. 1-2012]
Any violation of this article by the owner or
occupant shall be a violation, and the owner or occupant, in addition
to the cost of removal as set forth hereinabove, shall, upon conviction
thereof, be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.