Town of Manchester, CT Article III Snow and Ice Removal from Sidewalks

[Adopted as Secs. 14-31 to 14-36 of the 1996 Code]

§ 279-19 Duty of abutters to abate snow and ice hazards.

[Amended 3-11-2003; 10-7-2014]

A. 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, concrete or paved, or a fire hydrant, shall cause to be removed therefrom any and all snow, sleet and ice within 24 hours after the same shall have fallen; and whenever any such sidewalk or any part thereof shall be covered with ice, the owner, agent or occupant of the building or land adjacent thereof shall, within the space of 12 hours thereafter cause such walk to be made safe and convenient by removing the ice therefrom, or by covering the same with sand or some other suitable substance.

B. Sidewalks shall be cleared and sanded to pedestrian push-button signals, through snow windrows at intersecting streets, crosswalks, sidewalk ramps and bus stops so that pedestrians have unimpeded access to pedestrian push-button signals and have walking space to cross at intersecting streets, crosswalks, sidewalk ramps and bus stops.

C. Fire hydrants shall be cleared of snow and ice so as to create a four-foot clearance in all directions, and a three-foot-wide path should be cleared from the fire hydrant to the street, square or public place so that Fire Department personnel shall have unimpeded access to the fire hydrant.

D. No person shall lay, throw, blow, place or plow on or into any public sidewalk, public street or public right-of-way any snow or ice from any private property, public or private sidewalk or public right-of-way in a manner which jeopardizes public safety or impedes pedestrian or vehicular traffic.

E. The owner, agent or occupant of any building or lot of land, whose duty it is to clear the sidewalk or fire hydrant adjacent thereto, who shall violate any of the provisions of the foregoing subsections, or refuse or neglect to comply with the same, shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined $75 per offense. Each twenty-four-hour period shall be deemed to constitute a separate offense.

§ 279-20 Agreements imposing responsibility on occupants.

[Amended 10-7-2014]

Should the owner or agent of the owner of any building or land be able to verify with written documentation that the occupant of the building or land is responsible for the removal of snow and ice, then the occupant will be deemed liable for violations under this article.

§ 279-21 Removal of snow and ice by Town; lien.

[Added 10-7-2014[1]]

A. In the event of the failure of the owner, agent of the owner or the occupant of any building or land to comply with the provisions of § 279-19 above, and in addition to the penalty provided in § 279-19E above, the owner of the building or land shall be responsible for any expense incurred by the Town in removing snow, sleet and ice from such public sidewalk so as to maintain the public sidewalk safe and convenient for public travel. Any expense incurred by the Town shall constitute a claim against the owner of the building or land adjacent to such public sidewalk and shall, upon the recording of a certificate of lien in the Town Clerk's office, as provided by statute, be a lien upon the premises adjoining such public sidewalk in favor of the Town.

B. The removal of snow, sleet or ice by the Town in accordance with Subsection A above may occur under either of the following circumstances:

(1) When the building or land is vacant, unoccupied or uninhabited and the timely removal of snow, sleet or ice jeopardizes public safety; or

(2) After the issuance of two or more citations for violations of § 279-19.

[1] Editor's Note: This ordinance also renumbered former § 279-21 as § 279-22 and repealed former §§ 279-22, Duty of police to ensure compliance, and 279-23, Duty of police to report violations.

§ 279-22 Liability of corporate officers for violations.

[Amended 10-7-2014]

Whenever a private corporation shall violate the provisions of this article, any officers and/or directors of such corporation shall be personally liable for any fine imposed.

§ 279-23 Youth Corps for snow and ice removal.

[Added 10-7-2014]

The Youth Commission is hereby requested to work with Town staff and the Manchester school system to develop a Youth Corps consisting of volunteers to assist eligible owners and occupants of residential properties in complying with the provisions of § 279-19.

§ 279-24 Disclaimer of Town liability for ice and snow on public sidewalks.

[Added 3-11-2003]

A. Notwithstanding the provision of § 13a-149 of the General Statutes of the State of Connecticut or any other General Statutes, or any other general statute or special act, the Town of Manchester shall not be liable to any person injured in person or property caused by the presence of ice or snow on a public sidewalk unless the Town of Manchester is the owner or the person in possession and control of land abutting such sidewalks, other than land used as a highway or street, provided that the Town of Manchester shall be liable for its affirmative acts with respect to such sidewalk.

B. 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 abutting his property as the municipality had prior to the effective date of this section, adopted pursuant to the provisions of Public Act No. 81-340,[1] and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.

[1] Editor's Note: See C.G.S. § 7-163a.

C. 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 be brought but within two years from the date when the injury is first sustained.