This chapter shall be known and may be cited as Chapter
162 of the Code of the Town of Ossining, or the "Sidewalk Ordinance of the Town of Ossining."
The owner and occupant of premises abutting on any street where a sidewalk
has been laid (hereinafter referred to as the "owner" and "occupant") shall
keep the sidewalk in front of such premises free and clear from snow, ice,
dirt and other materials and obstructions and shall, within six hours after
the snow ceases to fall or after the deposit of any dirt or other materials
and obstructions upon such sidewalk, remove the snow, ice, dirt and other
materials and obstructions from such sidewalk; provided, however, that the
time between the hours of 7:00 p.m. and 7:00 a.m. shall not be included in
such six-hour period.
In case the snow and ice on the sidewalk shall be frozen so hard that
it cannot be removed without injury to the pavement of such sidewalk, such
owner or occupant may, within the time specified in the preceding section,
cause such sidewalk to be strewn with sand or similar suitable material and
shall thoroughly clean such sidewalk as soon thereafter as the weather shall
permit.
No owner or occupant or other person shall place, keep, permit or suffer
to be placed or kept on any sidewalk in front of, adjoining or adjacent to
such premises any goods, wares, merchandise, boxes, barrels, display signs
or material things of any kind or description nor shall he in any manner obstruct
any such sidewalk or in any manner obstruct or interfere with the use of any
such sidewalk. Nothing contained in this chapter shall prevent such persons
from placing foods, wares or merchandise on the sidewalk temporarily while
loading or unloading the same, provided that it be done without unnecessary
delay and provided that such goods, wares or merchandise are not allowed or
permitted to remain on such sidewalks within the prohibited area for a period
longer than one hour.
Upon failure of such owner or occupant to comply with the provisions of §
162-2 and/or
162-3 of this chapter, the Superintendent of Highways may cause such snow, ice, dirt or other materials and obstructions to be removed or covered with suitable material and shall, in such event, forthwith file a report of the cost or expense thereof with the Town Clerk. Said cost and expense, as the same shall appear from said report, shall be a lien upon the premises abutting said sidewalk so reported to have been cleared or covered as aforesaid until paid, as provided in §
162-10.
The Town Board may, from time to time, by order, require the repair
of sidewalks along streets, roads, highways and parkways in the Town and,
with the consent of the County Superintendent of Highways or the State Commissioner
of Transportation, as the case may be, abutting on a county or state highway,
at the expense of the abutting owners or otherwise, upon such notice and pursuant
to the authority of the requirements of § 130, Subdivision 4, and
§ 200-a of the Town Law of the State of New York.
All sidewalks constructed along any privately owned street, highway
or parkway of a new development shall be subject to these regulations and
comply in all respects with the regulations covering Town roads. Failure to
comply with these regulations shall constitute sufficient cause for the Town
to reject any dedication of such a street.
No sidewalk shall be constructed or permitted to be constructed or repaired along any street, road, highway or parkway in the Town unless such construction shall conform to the following specification: All sidewalks shall be constructed with a minimum of four inches of Portland Cement Concrete Sidewalk Standard New York State Department of Transportation Specification Item 608.1 (January 3, 1978, as amended). The subgrade shall be at least six inches thick and conform to any and all Town road specifications for subgrade. The width shall be the same as existing or as ordered by the Town Engineer or by the Town Board pursuant to §
162-8.
The requirements of this chapter shall be in addition to the permit
required for street openings and obstructions and shall be in addition to
any permit required for any excavation or curb cut permit if any is required.
Any person committing an offense against the provisions of this chapter
shall 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
chapter shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
No sidewalk shall be constructed, repaired or work thereon commenced
until the owner of the premises in front of which the sidewalk is to be constructed
or repaired or the authorized agent of the owner shall have obtained a permit
therefor. Applications for the permit required by this section shall be made
in writing to the Town Engineer in such form as may be required by the Town
Board. No permit required by this section shall be issued without the approval
of the Town Engineer, endorsed on the application therefor, unless so directed
by resolution of the Town Board.