[HISTORY: Adopted by the Town Board of the
Town of Hyde Park 1-23-1989.[2] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks generally — See Ch. 95.
[Amended 11-24-2003 by L.L. No. 10-2003; 10-24-2014 by L.L. No. 3-2014; 3-21-2016 by L.L. No. 2-2016; 10-15-2018 by L.L. No. 6-2018]
A.
Snow and ice removal.
(1)
Every owner or occupant of a house, building or lot
of land situated in the Town of Hyde Park adjacent to Route 9, or
9G and East Market Street from Route 9G westward to the eastern entrance
of Mill Run South Apartments, shall at all times during the season
of frost, ice and snow keep the sidewalk in front of his or her respective
houses, buildings or lots of land free of snow, ice and frost so as
to enable persons to walk thereon with safety.
(2)
All sidewalks on the west side of Route 9 along a
property boundary associated with a single-family dwelling fronting
on side streets of and between Mansion Road and Calmer Place, sidewalks
on property owned by the Town of Hyde Park on the east side of Route
9 and south of Farm Lane, and sidewalks on the north side of East
Market Street from Hyde Park Heights Apartments east to the easterly
entrance to Mill Run South Apartments shall be maintained clear of
ice and snow by the Town of Hyde Park.
(3)
No person shall in any way or manner obstruct the
use of any fire hydrant in the Town or allow any snow or ice to be
thrown or piled upon or around the same or have, place or allow to
be placed any material in front thereof, from the curbline to the
center of the street and to a point within five feet from either side
thereof, and all snow or ice accumulating within such space shall
be removed by the owner or lessee of the premises fronting the same.
This section shall apply only to those fire hydrants listed in a schedule
adopted by the Town Board of the Town of Hyde Park pursuant to this
chapter, which schedule may be amended from time to time as deemed
necessary by resolution of the Town Board after consultation with
the fire departments serving the Town of Hyde Park.
B.
Removal time. Every owner or occupant of a house, building or lot of land as above set forth shall remove the snow and/or ice from the entire sidewalk in front of their properties and the owner or lessee of a premises fronting those fire hydrants listed in the schedule issued by the Town Board pursuant to § 90-1A(3) hereof, as such schedule may be amended from time to time, shall clear snow or ice from the curbline to the center of the street and to a point within five feet from either side thereof within 24 hours after any fall of snow. Likewise, the Parks and Recreation Department of the Town of Hyde Park shall clear all sidewalks as is required in the previous description.
C.
If the snow or ice is not removed by the owner or lessee of the premises as set forth in § 90-1A(1) and (3) and B above, the Town may, in the interest of protecting public health and safety, clear the snow or ice and charge the adjacent landowner or lessee the reasonable costs of such action, which amount may be added to such person's next annual tax levy.
D.
Maintenance of sidewalks on certain prescribed properties:
(1)
It shall be the duty of the owner of real property abutting any sidewalk
including, but not limited to, the intersection quadrant for corner
property on Long Branch Road, Valley Ridge Court and Treeline Court
to maintain such sidewalks in a safe condition.
(2)
The requirements of maintenance of the sidewalk shall include, but
not necessarily be limited to, the installation, construction, reconstruction,
repaving, repair and/or replacement of defective sidewalks or portions
thereof, and the removal of ice, dirt, brush, branches, debris and/or
material from the sidewalk, or portions thereof.
(3)
Notwithstanding any other provision of law, the owner of real property abutting any sidewalk on the roads listed in Subsection D(1) above, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a safe condition. Failure to maintain such sidewalk in a safe condition shall include, but not necessarily be limited to, the failure to install, construct, reconstruct, repave, repair or replace defective sidewalks, or portions thereof, and the failure to remove snow, ice, dirt, brush, branches, debris and/or material from the sidewalk, or portions thereof.
(4)
Notwithstanding any other provision of law, the Town shall not be
liable for any injury to property or personal injury, including death,
proximately caused by the failure to maintain the said sidewalks in
a safe condition as prescribed herein.
(6)
If such sidewalk is not maintained in a safe condition, the Town
may, in the interest of protecting public health and safety, clear
the sidewalk or snow, ice, dirt, brush, branches, debris and/or other
material and/or make the necessary repairs or replacement of the defective
sidewalk, or portions thereof, and charge the adjacent landowner and/or
lessee reasonable cost of such action, which amount may be added to
the property owner's next annual tax levy.
For the purpose of this chapter, the terms used
herein are as follows:
Any person or persons, corporation or corporations, partnership
or partnerships, clubs, associations or government units.
A usually paved walk for pedestrians at the side of a street.
[Added 3-21-2016 by L.L.
No. 2-2016]
This chapter shall be administered and enforced
by the Building and Zoning Department
[Amended 11-24-2003 by L.L. No. 10-2003; 3-21-2016 by L.L. No. 2-2016]
Every owner or occupant of any house, building
or lot of land as described in the previous sections set forth who
shall be in violation of the chapter shall be deemed to be a violator
and may be issued an appearance ticket and subject to fines up to
$100 for each and every violation, which penalty shall be accumulative
and not exclusive for every twenty-four-hour period the violation
continues.
