[Adopted 9-25-1990]
The following article relating to the maintenance and care of sidewalks
within the Town of Colchester is herewith adopted.
The Town of Colchester does herewith adopt the provisions of C.G.S.§ 7-163A,
relating to the nonliability of the Town of Colchester.
Every person owning or occupying any premises abutting upon any sidewalk
within the Town of Colchester shall be responsible for proper maintenance
and upkeep of said sidewalks. Such maintenance and upkeep shall include keeping
said sidewalks free from holes, obstructions and any other objects or state
of repair that will either impede or make hazardous the use of said sidewalks
by passersby. Such maintenance and upkeep shall also include keeping said
sidewalks free from litter, debris of all kinds, ice and snow, whether actually
creating a hazardous condition or not. For purposes of definition, a motor
vehicle may be considered as an obstruction.
It shall be unlawful to place, or cause to be placed, any obstruction
within the visually discernible boundaries of any sidewalk or otherwise generally
accepted public walking path within the Town of Colchester so as to impede
or otherwise make hazardous the safe and easy passage of pedestrian traffic.
Where, in the opinion of the Board of Selectmen, a violation of §§ 124-7 and 124-8 of this article results in the eminent threat of danger to the public, including pedestrian users of said sidewalks, the Town of Colchester may make such repairs or improvements as are necessary to abate the threat to public safety, and the costs of said repairs and/or improvements shall be borne by the person owning or occupying the premises abutting upon said sidewalk.
Any person who violates the provisions of this article shall be fined
not more than $100 for each day the violation continues.
This article shall take effect from and after its passage and publication
as provided by law. Upon its effective date those ordinances adopted by the
former Borough of Colchester on January 9, 1989, entitled "Ordinance Regarding
Obstruction of Sidewalks," and that ordinance adopted by said borough on April
16, 1974, entitled a "By-law in Relation to Sidewalk Maintenance and Upkeep,"
and that ordinance adopted January 21, 1986, entitled an "Ordinance Revision
Respecting Removal of Ice and Snow from Public Sidewalks," are repealed, provided
that the repeal of the ordinance adopted January 21, 1986, shall not impose
upon the Borough of Colchester and its successor by merger, the Town of Colchester,
any liability that did not heretofore exist.
