Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[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.
[1]
Editor’s Note: This chapter, formerly “Snow and Ice Removal,” was retitled 10-15-2018 by L.L. No. 6-2018.
[2]
Editor's Note: Former Ch. 90, Snow and Ice Removal, adopted 1-5-1977, was repealed 12-8-1980.
[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.
(5) 
Snow and ice shall be cleared from the sidewalks in the same manner as specified by § 90-1A and B 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:
OWNER or OCCUPANT
Any person or persons, corporation or corporations, partnership or partnerships, clubs, associations or government units.
SIDEWALK
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.