[HISTORY: Adopted by the Town of Somers as
indicated in article histories. Amendments noted where applicable.]
[Adopted 2-21-1989 by the Special Town Meeting, effective 3-20-1989]
The Town of Somers, in order to protect and
ensure the safety of the residents of the Town of Somers, does hereby
adopt this article requiring the removal of ice and snow from public
sidewalks in the Town of Somers.
For the purpose of this article, the following
words or phrases, except as hereinafter otherwise specifically used,
designed or defined, shall mean, include and be defined as follows:
Tenant or any other occupant.
Any tract, parcel, lot or other subdivision of land within
the Town, with or without buildings thereon, that adjoins or fronts
on any public sidewalk within the Town or borders or adjoins any street,
square or public place within the Town where there is a public sidewalk.
Any public sidewalk, whether paved, graded, planked or raised
or improved in any other way.
A.
It shall be the duty of every owner or occupant of
any premises within the Town where there is a public sidewalk to remove
or cause to be removed from such public sidewalk any and all snow
and ice within the following time limits:
B.
In any case or situation where the removal of ice
is impossible or extremely difficult, the owner or occupant shall
cause such public sidewalk to be made safe for public travel by covering
the same with sand or some other suitable substance.
A.
Whenever any owner or occupant of premises, as herein
defined, whose duty it is to remove snow and ice or to otherwise make
public sidewalks safe for public travel, as herein provided, shall
fail, refuse or neglect to comply with this article or shall otherwise
violate any provision of the same, said owner or occupant shall be
deemed guilty of a misdemeanor and fined as provided herein.
B.
All such violations shall be prosecuted in the Superior
Court and the fine upon conviction shall be as follows:
C.
There shall be joint duty and joint liability on the
part of all in the following situations and for any violations of
this article, and each one concerned shall be separately fined upon
conviction:
(1)
Where there is more than one (1) owner or occupant
of a particular premises upon whom the duty is imposed to remove ice
or snow or to do any other thing provided for in this article.
(2)
Where there is an occupant or occupants in addition
to an owner or owners of a particular premises upon whom the duty
is imposed to remove ice or snow or to do any other thing provided
for in this article.
A.
In the event that any owner or occupant of premises,
as defined herein, shall fail, neglect or refuse to remove snow or
ice from any public sidewalk or to make any public sidewalk safe for
public travel or otherwise fails, neglects or refuses to comply with
the provisions of this article, the Town, upon such failure, neglect
or refusal, may remove any snow or ice from such public sidewalk or
otherwise make it safe for public travel.
B.
The expenses of such removal or other necessary action
shall be a lien upon the premises concerned, provided that the Town
shall cause a certificate of lien to be recorded in the office of
the Town Clerk within sixty (60) days from such removal or other necessary
action.
The Town hereby adopts the provisions of Section
7-163a of the Connecticut General Statutes and hereby declares that
the Town shall not be liable to any person injured in person or property
as a result of the presence of ice or snow on a public sidewalk unless
the Town is the owner or in possession and control of the land abutting
such public sidewalk, other than land used as a highway, street, right-of-way
or similar public thoroughfare.
