[Adopted 11-16-1998 by L.L. No. 9-1998]
This article sets forth a law relating to the construction,
establishment and maintenance of sidewalks, curbs and gutters in certain
priority areas of the Town of Tusten, where auto and pedestrian traffic
are heavy and the safety and well being of all is a concern. The priority
areas set forth by the Town Board are: Main Street, Bridge Street,
Erie Avenue, Kirks Road and Fifth Street.
A.
It shall
be unlawful for anyone to lay, construct or establish any walk, curb
or gutter upon any portion of the public domain of the Town of Tusten
without the approval of the Town Board of the Town of Tusten, which
approval shall be conditioned upon the recommendation of the Code
Enforcement Officer and the Town Highway Superintendent, either of
whom shall determine and establish the line and grade where such walk,
curb or gutter may be laid and constructed.
B.
Any construction
that is not approved by the Town Board of the Town of Tusten shall
be removed at the expense of the person who made or caused to be made
such walk, curb or gutter.
It shall be unlawful for the owner or occupant of any real property
or premises in the Town of Tusten to suffer the sidewalk or sidewalks
adjacent or in front of the same to become out of repair and in an
unsafe and dangerous condition. Such owner or occupant shall keep
such sidewalks free from any obstruction interfering with the use
of the sidewalk by the public. The minimum open sidewalk left from
a business display on the sidewalk shall be 2/3 of the width of the
sidewalk and consistent with the sidewalks of the area.
The Town Board of the Town of Tusten shall prescribe the manner
of doing such repair work and materials to be used. If the Town Board
of the Town of Tusten shall require a sidewalk to be constructed at
the sole cost of the owner or occupant, 10 days' notice thereof
shall be served upon the owner or occupant, specifying the construction
required to be done. If repairs are to be made or obstructions to
be removed, not less than 24 hours' notice shall be served upon
the owner or occupant.
Upon the failure of the owner to make the improvement or repairs,
the Town Board of the Town of Tusten may cause the same to be constructed
or repaired and assess upon the adjoining land the proportion of the
expense chargeable against the same. All grading done on sidewalks
laid or repaired by the owners of adjoining land shall be in accordance
with the specifications and under the direction and supervision of
the Town Board or its designee. Assessments shall be made and collected
and taxes levied as provided by law.
A.
Whenever a minimum of 2/3 of the property owners of any single block
or any side of any street shall petition the Town Board for the construction
or replacement of any crosswalk, sidewalk, curb and/or gutter upon
the public street adjoining or abutting their property, the Town Board
may by resolution cause said improvement to be made in the manner
hereinafter provided.
B.
Upon the approval of the Town Board, it may construct and repair
crosswalks, sidewalks, curbs and gutters upon a street wholly at the
expense of the owner of the adjoining land and may prescribe the manner
of doing such work and the kind of materials to be used therein.
C.
All grading done on sidewalks, curbs or gutters laid or repaired
by the owners of adjoining land shall be in accordance with the specifications
and under the direction and supervision of the Town Board or its designated
representative, the Code Enforcement Officer or Town Highway Superintendent.
D.
Vehicular parking and the use of skateboards, roller skates, bicycles
or other personal acceleration devices are forbidden by the Town Board
on the sidewalks in the priority areas.
E.
Assessments shall be made and collected and taxes levied as provided
by law.
The owner of any building adjacent to a public street and sidewalk
shall prevent the falling of snow, ice or water from such buildings
upon such street or sidewalk.
Any snow, ice, dirt or other obstruction upon any public sidewalk
in the Town of Tusten shall be removed by the owner or occupant of
the adjoining land promptly after such snow, ice, dirt or other obstruction
is deposited thereon. "Promptly" is herein defined as being within
five hours after same is deposited thereon or within one hour after
being directed so to do by an official, police officer, or representative
of the Town of Tusten.
No person or corporation, being the owner or occupant of any
premises abutting on any street, shall throw, place or deposit any
snow or ice onto or upon any street in the Town of Tusten except such
as falls upon or is formed upon that portion of the property so abutting
said street lying within the sidewalk lines thereof. It is the intent
and purpose of the provisions of this section to prohibit all persons
from throwing, casting, placing or depositing snow and ice which accumulates
within the private property belonging to persons or corporations upon
the sidewalks or streets of the Town of Tusten.
No civil action shall be maintained against the Town for damages
or injuries to person or property sustained by reason of any defect
in the sidewalks of the Town or in consequence of the existence of
snow or ice upon any of its sidewalks unless such sidewalks have been
constructed or are maintained by the Town pursuant to the statute;
nor shall any action be maintained for damages or injuries to person
or property sustained by reason of such defect or in consequence of
such existence of snow or ice, unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk and there
was a failure or neglect to cause such defect to be remedied or such
snow or ice to be removed or to make the place otherwise reasonably
safe within a reasonable time after the receipt of such notice.
Any person committing any offense against any provisions of
this article shall, upon conviction thereof, be guilty of a violation
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against any of the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense.
