[Adopted 2-25-1987 by L.L. No. 2-1987; amended in its entirety 3-7-2019 by L.L. No. 2-2019]
The following words and phrases when used in this article shall
have the following meanings:
A parcel of real property shall be deemed to abut a sidewalk
which is located on an adjoining state, county or municipal right-of-way,
notwithstanding that the property line does not cross or touch the
sidewalk.
Any person who has lawfully entered upon and is in the possession
of real property as a tenant, manager or person having charge of any
building or lot of ground or any use thereof or who has in interest
in the land which he possesses.
Any person having legal interest in real property.
Any person making use of a sidewalk for foot passage.
An individual, partnership, association, corporation, executor,
administrator, trustee, guardian, receiver or other person having
a legal interest in real property.
A walkway along the margin of a street or highway designed
and prepared for the use of pedestrians, to the exclusion of motor
vehicles.
That portion of the Town of New Paltz lying outside the geographical
boundaries of the incorporated Village of New Paltz.
A.
The owner or occupant of any real property, whether vacant or improved
by any building or structure, abutting any sidewalk in the Town of
New Paltz shall keep such sidewalk free and clear of snow and ice
at all times.
B.
Within 12 hours after cessation of every fall of snow or the formation
of any ice on the sidewalk abutting the premises, the owner or occupant
shall remove or cause the same to be removed or cleared entirely from
the width of said sidewalk or to a width of 30 inches, whichever is
greater. If the snow or ice shall be frozen so hard that it cannot
practicably be removed, the owner or occupant shall, within the time
above specified, cause the sidewalk to be covered and strewn with
salt, ashes, sand or other dissolving or disintegrating material and
shall, as soon thereafter as the weather will permit, thoroughly clean
the sidewalk and remove the ice and snow therefrom.
C.
Where a sidewalk has not been set aside along the margin of a street or highway adjoining that portion of business or commercial premises used for access and parking, including but not limited to individual stores, shopping centers and gasoline service stations, the owner or occupant shall clear a path at least 30 inches in width throughout the length of the premises free from snow and ice for use by pedestrians as a walkway in compliance with the provisions of Subsections A and B of this section.
D.
The owner or occupant of any real property, whether vacant or improved
by any building or structure in front of which or adjacent to which
property there is a fire hydrant, shall cause snow to be removed for
a distance of 30 inches around the hydrant and between the hydrant
and the street and to keep the fire hydrant and access to the street
free from snow throughout the winter.
E.
The owner or occupant of any real property, whether vacant or improved
by any building or structure, located at an intersection of two streets
shall clear a path at the intersection at least 30 inches in width
through any piles or accumulation of snow or ice on the sidewalk or
street so as to enable pedestrian access from the sidewalk at the
corner to the cleared portion of the roadway.
F.
If snow or ice shall remain on a sidewalk and/or around a fire hydrant
for more than 12 hours after the cessation of snowfall or the formation
of ice, the Town may provide for the removal thereof at the expense
of the owner or occupant of the abutting premises. The charge to be
collected for the removal of snow or ice from a sidewalk or for covering
the sidewalk with salt, ashes, sand, or other dissolving or disintegrating
material shall be at the rate set annually by resolution of the Town
Board (administrative fee) plus an amount set annually by resolution
of the Town Board per linear foot for the length of the sidewalk cleared
or treated by the Town on each such occasion. The charge to be collected
for the removal of snow or ice from around a fire hydrant and between
the hydrant and the street shall be at the rate set annually by resolution
of the Town Board (administrative fee) plus a charge set annually
by resolution of the Town Board per fire hydrant.
A.
The Code Enforcement Officer of the Town of New Paltz is authorized
to enforce this article by sending a statement to the owner or occupant
of the premises cleared or treated by the Town on each such occasion
together with a notice to appear in the Justice Court of the Town
of New Paltz on a date and time specified in the notice to be given
the opportunity to be heard regarding the charge to be imposed and
to assert any objections thereto.
B.
A notice shall be deemed sufficient if delivered to the owner or
occupant in person or by certified mail to the property postal address
and, if different, to the last known address of the owner appearing
on the most recent tax rolls of the Town.
C.
In the event the owner or occupant is found liable by the Court for
the charge or fails to appear on the date and time specified in the
notice and fails to pay the charge due within 10 days thereafter,
the charge shall be a lien upon the premises abutting the sidewalk
and shall be collected by the Town as an assessment upon said premises
on the real property tax statements issued by or on behalf of the
Town on the tax collection date next following as provided by law.
D.
The collection of this charge shall not preclude the Town from pursuing
any other civil or criminal remedies which may be available to enforce
the violation of this article.
A.
Upon conviction for a violation of this article, a person shall be
guilty of a violation as defined in Article 10, § 10.00,
Subdivision 3, of the Penal Law of the State of New York, which shall
be punishable by a fine not to exceed $250 or by imprisonment for
a term not to exceed 15 days, or both.
B.
For purposes of this section, each sidewalk abutting lands of an
owner or occupant not cleared pursuant to this article shall constitute
a separate violation. Each day upon which such prohibited activity
occurs shall be deemed a separate violation.
C.
In addition to the penalties above provided, the Town Board may also
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this article.
