[HISTORY: Adopted by the Board of Selectmen
of the Town of Bethel 7-18-1987.[1] 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.
[Added 12-6-2016]
A.Â
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.
B.Â
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.
C.Â
Duty of owners; recovery of damages for injury.
(1)Â
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.
(2)Â
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.