Snow Removal Ordinance To be Strictly Enforced

 

The City of Derby currently has an ordinance prohibiting placing snow on City streets. During recent storms, this has become a bit of a problem, and the City would like to remind all residents and businesses to follow the law and avoid the $75 fine that comes with any violation. Owners do have a responsibility for clearing snow as outlined below.

Click here for information on the City's snow removal Process

§ 172-19. Placing materials in streets prohibited; penalties for offenses. [Added 2-11-1988]

A.    No person shall intentionally push, shovel, throw or in any other manner cause to be placed any ice, snow, slush, leaves, trash or debris into any street or public way.

B.    Any person violating this section shall be fined $75 for each violation.

§ 172-2. Duty of owner or occupant to remove snow and ice from gutters.

The owner, occupant or person having charge of any premises adjoining any sidewalk or street having a gutter shall keep such gutter free and clear from accumulations of snow, ice or sleet so as to permit a free passage of water through the same, and such accumulations shall be cleared from such gutter within five hours after the cessation of any storm producing the same if such storm ceases in the daytime and, if such storm ceases in the nighttime, then before 12:00 noon of the succeeding day.

§ 172-3. Duty of owner or occupant to remove snow and ice from sidewalks.

The owner, occupant or the person having charge of any premises fronting upon any street, sidewalk, square or public place upon which a sidewalk has been constructed adjoining such premises shall keep the same free and clear from snow, ice and sleet, and whenever any snow, ice or sleet shall fall or accumulate upon such sidewalk, the owner, occupant or person having charge of the premises shall remove such accumulation within five hours after cessation of any storm causing such snow, ice or sleet if such storm ceases in the daytime and, if such storm ceases in the nighttime, then such accumulation shall be cleared from such walk before 12:00 noon of the succeeding day. When such accumulation of ice, snow or sleet cannot be removed, the owner, occupant or person having charge of the premises adjoining the sidewalk whereon such snow, ice or sleet shall have accumulated shall cause such accumulation of snow, ice or sleet to be covered with sand or some other material that will render such sidewalk safe for public travel.

§ 172-4. Removal of snow and ice from sidewalks upon failure of owner so to do.

In the event that any owner, occupant or person having charge of any premises described in §§ 172-2 and 172-3 shall fail to keep the sidewalks free and clear of accumulations of snow, ice or sleet or shall fail to keep such accumulations properly sanded or protected with other material so as to render the same safe for public travel, the Street Commissioner may thereupon cause such sidewalk or gutters, or both, to be cleared of such accumulations or to be covered with sand or other suitable material, and the expense thereof shall be collected from such owner, occupant or person having the property adjoining such sidewalk or gutter in charge.

§ 172-5. Liability for nonremoval of snow or ice. [Amended 12-10-1981]

A. Notwithstanding the provisions of Section 13a-149 of the General Statutes or any other general statute or Special Act, the City of Derby shall not be liable to any person injured in person or property caused by the presence of ice or snow on a public sidewalk, unless said City of Derby is the owner or person in possession and control of land abutting such sidewalk, other than land used as a highway or street, provided that said City of Derby shall be liable for its affirmative acts with respect to such sidewalk.
B. The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to the presence of ice or snow on such sidewalk toward the portion of the sidewalk abutting his property as the City of Derby had prior to January 1, 1982, and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury. No action to recover damages for injury to the person or to property caused by the presence of ice or snow on a public sidewalk against a person who owns or is in possession and control of land abutting a public sidewalk shall be brought but within two years from the date when the injury is first sustained.
 

§ 172-6. Leaving fruit or offal upon streets prohibited.

City Snow Removal Process

Plow Routes: The streets are plowed and sanded in order of priority.  Main roads are addressed first with special attention to steep hills, and difficult intersections.  Side streets are done next, then dead end streets.  Side streets will remain unplowed if the main roads require repeated plowing.  This may not seem fair to the residents of side streets or dead ends, but main roads must remain open.

Blocked Driveways: All snow plows angle the same way to the driver's right and when going by they will push the snow in front of a driveway.  The homeowner is responsible for the access to his driveway.  The only way to avoid extra shoveling is to wait until the DPW crews have done their final clean up on the street.

Sidewalks: Per Town ordinance, Derby property owners are responsible for removing snow and ice from the sidewalk along their property line within 24 hours after the storm and keeping them clear of snow and ice.  Heavily used sidewalks near schools & along state highways are particularly important.

Mailbox Damage: The Town repairs or replaces only mailboxes and/or posts that are actually struck by a plow blade.  Usually a paint mark or truck tire tracks supply evidence of a mailbox strike.  The Town does not repair or replace mailboxes and/or posts that fall from the force of plowed snow.  Mailboxes and supporting posts must be installed to withstand the rigors of snow removal, including the force of snow pushed from the street onto the roadside.

Private Plowing: The City of Derby prohibits plow contractors and residents from pushing snow from driveways or parking lots onto City streets.  This practice is dangerous and impedes the City's snow removal efforts.  If there is no other alternative to pushing snow into the street, the plow driver must plow off the windrow left across the street by re-plowing until the road is safe.  This may not necessarily mean bare pavement, but certainly it should be no worse than when the driver began work.

 Residents who feel they have a legitimate complaint should call the Town Garage at 736-1468

 

Posted February 26, 2008


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