[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel 7-18-1987. Amendments noted where applicable.]
Be it ordained by the Town of Bethel, Connecticut, that every person or corporation owning or occupying any land fronting upon any sidewalk within said Town shall, within six hours of daylight immediately following the cessation of any fall of snow or accumulation of ice thereon, cause the same to be removed and, if necessary, apply sand or other materials to the surface so travel of pedestrians upon said sidewalk shall not be obstructed, dangerous or inconvenient and, upon failure to do so within the time limit, shall forfeit and pay a fine of not more than $50. After the expiration of said time limit, if such snow and ice shall not have been removed, the Director of Public Works of the Town of Bethel may cause the same to be removed at the expense of such owner or occupier, such expense to be recovered of such owner or occupier in an action brought in the name of the Town of Bethel.
The Town of Bethel hereby adopts the provisions of Connecticut General Statutes § 7-163a entitled "Municipal liability for ice and snow on public sidewalks," as amended from time to time and as hereinafter set forth.
Notwithstanding the provisions of § 13a-149 of the Connecticut General Statutes or any other general statute or special act, the Town of' Bethel shall not be liable for any person injured in person or property caused by the presence of ice or snow on a public sidewalk unless the Town of Bethel is the owner or person in possession and control of land abutting such sidewalk, other than land used as a highway or street. provided that the Town shall be liable for its affirmative acts with respect to such sidewalk.
Duty of owners; recovery of damages for injury.
The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to the presence of ice or snow on such sidewalk toward the portion of the sidewalk abutting his property as the Town of Bethel had prior to the effective date of any ordinance adopted pursuant to the provisions of this section and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.
No action to recover damages for injury to the person or to property caused by the presence of ice or snow on a public sidewalk against a person who owns or is in possession and control of land abutting a public sidewalk shall be brought but within two years from the date when the injury is first sustained.