Town of Wethersfield, CT Article I Removal of Obstructions

§ 139-1 Removal of obstructions.

[Amended 8-25-2008]

A. Definitions. As used in this article, the following terms shall have the meanings indicated:

OBSTRUCTION

Any impediment on a sidewalk or public highway that interferes with the removal of snow and ice from said sidewalk or public highway or interferes with the safe and orderly flow or passage of motor vehicle or pedestrian traffic. Such impediments may include, but are not limited to, grass clippings, brush, leaves, sand, gravel, stones, litter, vegetable and animal matter, refuse and rubbish.

PERSON

Any individual, corporation, association or other aggregation of individuals.

PUBLIC HIGHWAY

Any public streets, avenues, boulevards, roads, drives, parkways, alleys and other travel ways within the Town.

B. Sidewalks. The owner, agent of the owner or occupant of any building or land bordering upon any street, square or public place within the Town where there is a sidewalk shall cause to be removed therefrom and keep the sidewalks of said property free from all obstructions which would endanger the safety, health or well-being of pedestrians; provided, however, that no such owner or agent of the owner or occupant having or occupying a residential lot with frontage on two nonintersecting streets shall be subject to the requirements of this section with regard to the sidewalks along the rear frontage.

C. Public highways.

(1) It shall be unlawful for any person to place an obstruction on a public highway in the Town. The Police Department shall be responsible for enforcing the provisions of this article. Upon notification of a police officer, the property owner or occupant of the property that adjoins a public highway must remove the obstruction. If the obstruction is deemed by the police officer as an immediate public highway hazard, such police officer shall immediately notify the Department of Public Works for its prompt removal. If the obstruction interferes with or obstructs any public works project or operation, any public works employee may remove such obstruction or interference from the highway. The Town, for the cost of such removal, may bill the owner or occupant of the property. This billing will also apply to any unscheduled leaf collection provided to Town residents as a result of the placement of leaves that are determined to be an obstruction on a public highway.

(2) Placement of leaves on public property. Nothing contained in this article shall prohibit a person who owns or occupies property along a public highway from placing leaves on public property adjacent to or in front of his or her own property for the purposes of a scheduled collection only. However, no person shall be permitted to place leaves or other material on public property that is not in front of or along side of the property he or she owns or occupies. At no time shall leaves or other materials be placed upon the paved portion of a public highway.

D. Enforcement; penalties for offenses. Any person observed placing an obstruction on a sidewalk or public highway or any person who places leaves on public property in violation of this article shall be subject to a fine of $50. Any property owner adjoining a sidewalk or public highway on which an obstruction is placed shall be subject to a fine of $50 for failure to remove such obstruction within 48 hours of notification by a police officer, and may be subject to a fine of $50 per day thereafter for every day the obstruction is on the public highway in violation of this article. If the Department of Public Works removes the obstruction, as provided in § 139-1C, the adjoining property owner shall be billed for the expense of said removal in addition to the penalties provided in this section.

§ 139-2 Removal of snow and ice.

A. Sidewalks. The owner, agent of the owner or occupant of any building or land bordering upon any street, square or public place within the Town where there is a sidewalk graded, paved or planked shall not collect and direct the flow of any water over said sidewalk and shall cause to be removed therefrom all snow, sleet and ice within a period of 24 hours after the cessation of the snow, sleet or rainfall, and, whenever any such sidewalk or any part thereof shall be covered with ice, the owner, agent of the owner or the occupant of the building or the lot adjacent thereto shall, within the space of 10 hours thereafter during the daytime, cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the same by sand or other suitable substances; provided, however, that no such owner or agent of the owner or occupant having or occupying a residential lot with frontage on two nonintersecting streets shall be subject to the requirements of this section with regards to the sidewalks along the rear frontage relative to snow and ice removal and sanding.

B. Fire hydrants. All snow and ice accumulating in the street higher than a point four inches below the bottom of the lowest outlet on any fire hydrant, and within a radius of three feet from the center of such hydrant, shall be removed by the owner, agent of the owner or occupant of the premises adjoining that portion of the street within 24 hours after such snow and ice has ceased to fall, be deposited or accumulate. Said owner, agent of owner or occupant shall also clear a path having a minimum width of three feet between any fire hydrant and the edge of the traveled portion of the abutting street, highway, private road or drive.

§ 139-3 Removal by Town; costs.

Should any owner, agent of the owner or occupant of any building or land adjacent to a public sidewalk fail to remove therefrom any obstruction or snow or ice or cover the ice with sand or some other suitable substance within the periods prescribed by §§ 139-1 and 139-2, the Town may proceed to have the required work completed, and the expense of such work shall be assessed against the owner of the premises adjacent to the sidewalk where such work is performed, and such expense shall be a lien against such adjacent premises, provided that the Director of Finance causes to be filed a certificate of lien in the Town Clerk's office within 60 days from the completion of such work. The provisions of this section shall be in addition to fines for violations.

§ 139-4 Placement of removed obstructions into public ways.

A. No person shall lay, throw, blow, place or plow or cause to be laid, thrown, blown, placed or plowed on or into any public street or way any snow or ice from any private property, public or private sidewalk or public right-of-way. If, in the removal of snow or ice from any such property, sidewalk or way, it is necessary to temporarily place snow or ice on any public street or way, such snow or ice shall immediately be removed from the public street or way by and at the expense of the person causing such deposit.

B. No person in the process of clearing any property, sidewalk or way as defined above shall:

(1) Leave the surface of adjoining public ways any less clear of snow and ice than such person found the public way just previous to commencement of clearance.

(2) Plow or deposit snow or ice on the side of embankments to public ways so as to narrow or decrease the width of the traveled portion of the public way as it existed just previous to such person's clearance.

(3) Plow or deposit snow or ice on that portion of the public right-of-way that adjoins another person's property without the consent of that person.

C. The provisions of this section shall not apply to the official snow removal operations of the Town of Wethersfield and the State of Connecticut.

D. The penalty for each violation or offense shall be $50, and each and every twenty-four-hour period of failure or neglect to comply with the provisions of this section shall be deemed a separate offense or violation.