[Adopted 9-23-1976 as Art.
I of Ch. 24 of the Charter and Revised Ordinances]
Whenever any sidewalk within which shade trees shall be growing shall
be constructed or repaired, a suitable opening, subject to the approval of
the Street Commissioner, which shall admit of the development and growth of
such tree shall be provided in such walk around such tree.
The owner, occupant or person having charge of any premises adjoining
any sidewalk or street having a gutter shall keep such gutter free and clear
from accumulations of snow, ice or sleet so as to permit a free passage of
water through the same, and such accumulations shall be cleared from such
gutter within five hours after the cessation of any storm producing the same
if such storm ceases in the daytime and, if such storm ceases in the nighttime,
then before 12:00 noon of the succeeding day.
The owner, occupant or the person having charge of any premises fronting
upon any street, sidewalk, square or public place upon which a sidewalk has
been constructed adjoining such premises shall keep the same free and clear
from snow, ice and sleet, and whenever any snow, ice or sleet shall fall or
accumulate upon such sidewalk, the owner, occupant or person having charge
of the premises shall remove such accumulation within five hours after cessation
of any storm causing such snow, ice or sleet if such storm ceases in the daytime
and, if such storm ceases in the nighttime, then such accumulation shall be
cleared from such walk before 12:00 noon of the succeeding day. When such
accumulation of ice, snow or sleet cannot be removed, the owner, occupant
or person having charge of the premises adjoining the sidewalk whereon such
snow, ice or sleet shall have accumulated shall cause such accumulation of
snow, ice or sleet to be covered with sand or some other material that will
render such sidewalk safe for public travel.
In the event that any owner, occupant or person having charge of any
premises described in §§ 172-2 and 172-3 shall fail to keep
the sidewalks free and clear of accumulations of snow, ice or sleet or shall
fail to keep such accumulations properly sanded or protected with other material
so as to render the same safe for public travel, the Street Commissioner may
thereupon cause such sidewalk or gutters, or both, to be cleared of such accumulations
or to be covered with sand or other suitable material, and the expense thereof
shall be collected from such owner, occupant or person having the property
adjoining such sidewalk or gutter in charge.
[Amended 12-10-1981]
A.
Notwithstanding the provisions of Section 13a-149 of
the General Statutes or any other general statute or Special Act, the City
of Derby 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 said City of Derby
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 said City of Derby
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 toward the portion of the sidewalk
abutting his property as the City of Derby had prior to January 1, 1982, 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.
No person shall leave, throw, place or deposit any fruit or piece of
any fruit nor the peel, skin or rind of any fruit nor any offal or substance
of any filth or offensive nature in any street or upon any sidewalk, and no
person shall deposit, place or leave in any street, gully, gutter, catch basin,
drain or stream any substance or anything that will stop up or impair the
free use of such street, gully, gutter, catch basin, drain or stream or that
will become offensive.
No person shall open any highway having a width less than 45 feet and
no person shall open or maintain any street, highway or alley and no person
shall make any excavation, vault, door, coalhole or cellarway or other structure
or opening in, under or upon any street or sidewalk, and no person shall lay
any sidewalk or curb or gutter without the permission of the Board of Aldermen.
A.
The City of Derby shall reimburse 1/3 of the cost
of materials to any owner of real property who has renovated or replaced an
existing public sidewalk, for such renovation or replacement. No such reimbursement
shall be authorized unless the property owner has filed a written application
for reimbursement with the City Clerk; the Public Works Director approves
the completed sidewalk as being in accordance with generally accepted construction
standards; and the Board of Aldermen reviews the application at a regular
monthly meeting.
B.
The cost reimbursement for materials shall be based upon
the following unit prices:
|
Materials
|
Unit Price
(per square foot)
| |
|---|---|---|
|
4-inch portland cement concrete sidewalk
|
$4.60
| |
|
5-inch portland cement concrete sidewalk
|
5.10
| |
|
Portland cement concrete curbing
|
13.37
| |
|
Asphalt 2-inch bituminous concrete sidewalk
|
2.25
| |
|
Asphalt 3-inch bituminous concrete driveway
|
2.75
| |
|
Asphalt bituminous concrete curbing
|
4.00
| |
|
Gravel refill
|
11.40
|
No person shall place or keep any building materials, boxes, cases,
rubbish or refuse in or upon any street or sidewalk, except in case of transit
or delivery or with the approval of the Board of Aldermen, and no person shall
open, construct or lay any drain or discharge any water or other liquid material
upon any street or sidewalk.
No person shall engage in, conduct or carry on any trade or business
in or upon any street or sidewalk without permission from the Board of Aldermen.
No person shall place, erect, construct or maintain any post, rail,
fence or other obstruction upon any street or sidewalk nor suspend any rope,
wire or pole across any street or sidewalk without a permit from the Board
of Aldermen, and no person shall block up or obstruct traffic in any street
or sidewalk with any horse, animal or vehicle, and no person shall permit
any animal to go at large upon any street nor leave any horse in any street
unhitched nor permit any animal or vehicle to stand over any crosswalk in
any street nor hitch any animal to any tree or fence or in such manner as
will admit of such animal injuring such tree or fence.
The Building Inspector shall, annually during the month of October,
inspect all marquees and signs which project over the sidewalk line and shall,
on or before November 1 annually, render to the Board of Aldermen a report
of such inspection. Whenever the Building Inspector shall find that the condition
of such marquee or sign is such as to endanger public travel, he shall order
the owner of the premises to remedy such condition, and if the same is not
done within five days, he shall order the marquee or sign removed. The City
Clerk shall render bills to the owner of $1 for each inspection required hereunder.
Wherever a marquee or sign is maintained which projects over the sidewalk
line, the owner or tenant of the premises shall keep the marquee or sign free
from snow and ice.
No person shall place or maintain any awning over any sidewalk unless
the same shall be made of cloth or canvas and supported by braces securely
fastened to a building, the lower part of which awning, including its supports,
shall be at least 7 1/2 feet above the sidewalk.
No person shall play any game or participate in any game or throw any
stone, snowball or other material or make any bonfire in or upon any street
or sidewalk, and no person shall leave open, without properly protecting the
same, any cellarway, door, coalhole or other opening in any street or sidewalk.
No person shall resist, molest or interfere with any police officer,
the Street Commissioner or any employee of the Street Department while engaged
in building, repairing or cleaning any street or sidewalk.
Whenever any officer or a member of the Police Department, Street Commissioner
or any employee of the Street Department learns that any person has been injured
in his person or property by means of any defective street or sidewalk, whether
the defect was caused by the city, the elements or otherwise, he shall give
immediate notice thereof to the Chief of Police.
Upon receipt of such notice, the Chief of Police shall cause an immediate
investigation thereof to be made, witnesses interviewed and pictures taken
of the location thereof and, where a vehicle is involved, pictures of such
vehicle and shall file a written report of such an investigation with such
pictures with the City Clerk.
