[HISTORY: Adopted by the Town Board of the Town of Marbletown 12-7-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
The Town Board has found that as a result of the construction
of sidewalks in the historic hamlet of Stone Ridge, and more specifically
along State Route 209 (Main Street), it is necessary to enact this
chapter to define the obligations of owners of real property abutting
State Route 209 in order to keep the sidewalks accessible to pedestrians
and to ensure safe pedestrian traffic.
As used in this chapter, the following terms shall have the
meanings indicated:
A parcel of real property which fronts State Route 209 (Main
Street) shall be deemed to abut a sidewalk for the purposes of this
chapter whether or not the real property line of said property crosses
or touches the sidewalk so long as the parcel of real property lies
along the sidewalk.
Any person or entity who is lawfully in possession of real
property.
Any person or entity holding full or partial title to real
property.
Any person making use of a sidewalk for foot passage.
Any partnership, association, corporation, executor, administrator,
trustee, guardian, receiver or other individual or entity.
A walkway along the margin of a street or highway designed
and constructed for the use of pedestrians, to the exclusion of motor
vehicles.
Town of Marbletown.
This chapter shall apply to all sidewalks along State Route
209 (Main Street) and associated crosswalks in the hamlet of Stone
Ridge, Town of Marbletown, and to any sidewalks and associated crosswalks
to be constructed henceforth in the hamlet of Stone Ridge, Town of
Marbletown.
A.Â
General provision. The owner or occupant of any real property, whether
vacant or improved by any buildings, abutting sidewalks on streets
or highways in the hamlet of Stone Ridge, Town of Marbletown, shall
keep such sidewalk free and clear of snow and ice by creating a pedestrian
path to a minimum width of 36 inches so as to ensure safe pedestrian
passage. In the case of leased real property, both the owner and the
occupant of the real property shall be responsible for the removal
of snow and ice as set forth in this chapter.
B.Â
Time limit for removal.
(1)Â
Within 24 hours after cessation of every snowfall or ice storm or
within 24 hours of the formation of any ice on the sidewalk abutting
the real property, the owner or occupant shall remove or cause the
same to be removed or cleared entirely from the sidewalk creating
a pedestrian path to a minimum width of 36 inches so as to ensure
safe pedestrian passage. If the snow and/or ice shall be frozen so
hard that it cannot practicably be removed, the owner or occupant
shall, within the time specified, cause the sidewalk to be covered
and strewn with ashes, sand or other materials providing traction
or with salt or other substances which dissolve or disintegrate ice
and snow and shall, as soon thereafter as the weather will permit,
thoroughly clean the sidewalk and remove the ice and snow therefrom
to a minimum width of 36 inches the entire length of the real property
abutting the sidewalk.
(2)Â
Crosswalks. The owner or occupant of any real property, whether vacant
or improved by any buildings, located at a crosswalk at an intersection
of two streets, one of which is State Route 209 (Main Street), or
at a crosswalk over State Route 209 (Main Street) shall clear a path
at least 36 inches in width through any piles or accumulation of snow
or ice between the sidewalk and the street so as to enable pedestrian
access from the sidewalk to the cleared portion of the crosswalk in
the roadway within the aforesaid twenty-four-hour time frame.
C.Â
Depositing snow. No person shall deposit, throw, place or strew or
cause to be deposited, thrown, placed or strewn, any snow or ice upon
any street in the hamlet of Stone Ridge in the process of fulfilling
the snow and ice removal obligations set forth herein. No person shall
remove snow or ice from any real property in the process of fulfilling
the snow and ice removal obligations set forth herein and place it
upon another parcel of real property, without the express permission
of the owner of real property upon which the snow is placed.
A.Â
The owner or occupant of any real property, whether vacant or improved
by any buildings, abutting sidewalks on streets or highways in the
hamlet of Stone Ridge, Town of Marbletown, shall keep such abutting
sidewalk free and clear of debris, leaves or any other obstruction
at all times. Within 24 hours after the accumulation of any debris,
leaves or other obstruction on the sidewalk, the owner or occupant
shall remove or cause the same to be removed or cleared entirely from
the said sidewalk.
B.Â
In the case of leased real property, both the owner and the occupant
of the real property shall be responsible for the aforesaid maintenance
of the sidewalk abutting such real property.
A.Â
No person shall alter, damage or cause to be altered or damaged any
sidewalk as installed. Such person shall be liable for any repairs
that result from such alteration or damage.
B.Â
No person shall remove or cause damage to any trees, planters or
other landscaping which have been planted for the enhancement of the
streetscape by the Town, county or state. Such person shall be liable
for any costs for replacement that result from any such action. No
additional trees, planters or other landscaping shall be planted without
authority from the Marbletown Town Board.
Except for those conditions regarding snow, ice, debris, leaves and obstructions all of which are the obligation of the owner and/or occupant to remove and/or address as set forth in §§ 163-4 and 163-5, upon reasonable prior written notice to the Town of a substantial defect in the condition of the sidewalk or trees adjacent thereto and within the state right-of-way, the Town Highway Department shall investigate same and shall take reasonable steps to repair any defects that the Town shall determine exist. The Town shall also be responsible for maintaining the planters within the right-of-way for the sidewalks.
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §§ 163-4, 163-5 or 163-6 of this chapter, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly thereby, and shall be liable to the Town of Marbletown to the extent that said Town is required by law or by any court to respond in damages to any injured party.
A.Â
Enforcement. The provisions of this chapter shall be enforced by
the Building Inspector and/or the Code Enforcement Officer of the
Town of Marbletown.
B.Â
Penalties.
(1)Â
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be guilty of a violation pursuant to the
Penal Law of the State of New York, punishable by a fine of not less
than $50 nor more than $250 for each offense. Each day that a violation
continues shall be a separate offense.
(2)Â
Whenever the owner or occupant of real property abutting a public
sidewalk fails to remove the snow and ice from such sidewalk abutting
such property within the time and manner specified in this chapter,
or within four hours after notice by the Town Building Inspector or
Code Enforcement Officer to remove same, the Town Highway Superintendent
may remove said snow or ice from such sidewalk and notify the Town
Clerk of the expense incurred. The Town Clerk shall promptly present
to the owner and occupant of such real property a bill for the removal
of snow and ice as certified by the Town Highway Superintendent. If
the bill is not paid within 30 days of mailing same, the cost thereof
shall be assessed against the real property, added to the owner's
tax bill and become a lien thereon, collectible in the same manner
as Town taxes.
(3)Â
The foregoing provisions do not place an affirmative obligation on
the Town to maintain sidewalks.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
