HomeMy WebLinkAboutClearing Public Sidewalks 2000GREGORY F. YAKABOSKI
TOWN ATTORNEY
MARY C. WILSON
ASSISTANT TOWN ATTORNEY
JEAN W. COCHRAN
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
Fax (631) 765-1823
E-maih townattorney@southold.org
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO:
FROM:
SUPERVISOR COCHRAN AND TOWN BOARD
GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY
MARY C. WILSON, ESQ., ASSISTANT TOWN A'FFORNE~
DATE:
MARCH 22, 2000
RE:
RESPONSIBILITY OF CLEARING PUBLIC SIDEWALKS
An issue was raised at the March 14, 2000 Town Board meeting in
reference to who has responsibility for the snow removal on the sidewalks in the
Town. A local law states that it is the owner of the adjacent property to clear the
sidewalks. The sidewalks generally are Town owned or a Town right-of-way.
The issue of what party is liable was presented to the Town's
insurance agent, John Shearin who offered the following information:
There is possible exposure to the Town as the owner of the
sidewalk
Although the owner is obligated to keep the egress and ingress
open, if the owner fails to do so, the Town will be ultimately
responsible
If there is a question of negligent shoveling of snow (for
example), Town can pass liability onto the negligent owner
§ 80-2. Snow and ice removal; general maintenance.
Each owner or occupant of any house or other building, and any owner or person entitled to
possession of any vacant lot, and any person having charge of any church or any public building in
the town shall, during the winter season or during the time snow shall cominue on the ground,
keep the sidewalk in front of the lot or house free from obstruction by snow or ice and icy
conditions and shall at all times keep thc sidewalk in a clean condition, frec from filth, di~t, weeds
or other obstructions or encumbrances.