[HISTORY: Adopted by the Town Board of the
Town of Woodstock as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-21-1999 by L.L. No. 5-1999]
The purpose of this article is to define the
obligation of the owner or occupant of real property abutting sidewalks
in the Town to keep the sidewalks free and clear of snow and ice at
all times so as to ensure safe pedestrian traffic.
As used in this article, the following definitions
will apply:
A parcel of real property shall be deemed to abut a sidewalk
which is located on an adjoining state, county or Town right-of-way,
whether or not the property line crosses or touches the sidewalk.
Refers to any person or entity who or which is lawfully in
possession of the premises.
Refers to any person or legal entity holding full or partial
title to the premises.
Refers to any person making use of a sidewalk for passage.
Refers to an individual, partnership, association, corporation,
executor, administrator, trustee, guardian, receiver or other person
having a legal interest in real property.
The traveled walkway or path on or between the public roadway
and the real property premises of the lands abutting said roadway
designed and prepared for the use of pedestrians, to the exclusion
of motor vehicles.
This article shall apply to sidewalks on both
sides of Mill Hill Road and Tinker Street from Orchard Lane South
on the west to Route 375 on the east; to the east side of Rock City
Road from Tinker Street to 22 Rock City Road; to the west side of
Rock City Road from Tinker Street to the Mountain View parking lot
entrance; to both sides of Tannery Brook Road to the entrance of the
public parking lot; to the east side of Maple Lane from Mill Hill
Road to Deanie's Alley; to the west side of Deming Street from Mill
Hill Road to Deanie's Alley; and to those portions of Old Forge Road
where a sidewalk presently exists.
A.
The owner or occupant of any real property, whether
vacant or improved by any buildings, abutting sidewalks in the Town
of Woodstock covered by this article shall keep such sidewalk free
and clear of snow and ice at all times so as to ensure safe pedestrian
passage.
B.
Within 24 hours after cessation of every fall of snow
or the formation of any ice on the sidewalk abutting the premises,
the owner or occupant shall remove or cause the same to be removed
or cleared entirely from said sidewalk to a minimum width of 48 inches
where circumstances permit. If the snow or ice shall be frozen so
hard that it cannot practicably be removed, the owner or occupant
shall, within the time above specified, cause the sidewalk to be covered
and strewn with salt, ashes, sand or other dissolving or disintegrating
material and shall, as soon thereafter as the weather will permit,
thoroughly clean the sidewalk and remove the ice and snow therefrom.
C.
Where a sidewalk has not been set aside along the margin of a street or highway adjoining that portion of business or commercial premises used for access and parking, including but not limited to individual stores, shopping centers and gasoline service stations, the owner or occupant shall clear a path at least 48 inches in width where circumstances permit throughout the length of the premises free from snow and ice for use by pedestrians as a walkway in compliance with the provisions of Subsections A and B of this section.
D.
The owner or occupant of any real property, whether
vacant or improved by any buildings, in front of which or adjacent
to which property there is a fire hydrant, shall cause snow to be
removed for a distance of 36 inches around the hydrant and between
the hydrant and the street and keep the fire hydrant and access to
the street free from snow throughout the winter.
E.
The owner or occupant of any real property, whether
vacant or improved by any buildings, located at an intersection of
two streets shall clear a path at the intersection at least 36 inches
in width through any piles or accumulation of snow or ice on the sidewalk
or street so as to enable pedestrian access from the sidewalk at the
corner to the cleared portion of the roadway.
F.
The foregoing provisions are not intended to place
an affirmative obligation on the part of the Town of Woodstock to
maintain sidewalks but shall only provide a means of establishing
the cost to the property owner if the Town elects to undertake this
responsibility.
A.
The Building Inspector of the Town of Woodstock is
authorized to enforce this article by issuing an appearance ticket
returnable in the Town of Woodstock Justice Court.
B.
A notice shall be deemed sufficient if delivered to
the owner or occupant in person or by certified mail to the property
postal address and, if different, to the last known address of the
owner appearing on the most recent tax rolls on the Town.
C.
In the event that the owner or occupant is found liable
by the Court for the charge or fails to appear on the date and time
specified in the notice, a penalty shall be imposed of up to $250
or up to 15 days' imprisonment, or both, for each failure to comply.
Each twenty-four-hour period without compliance shall constitute a
separate violation.[1]
Failure of the owner or occupant to comply with
this article shall create a cause of action against said owner and/or
occupant in favor of any person injured as a result of such failure
to comply.
