§ 12-4. Care by owners or occupants., Chapter 12. Sidewalks and Streets, Code of Ordinances, Lancaster, Town

The owner or occupant of any premises adjoining any street where a sidewalk has been laid shall keep the sidewalk on such street in good repair and free and clear of snow, ice, dirt and any other material or substance. For the purpose of snow and ice removal, such sidewalk shall be cleared to a minimum width of two feet the entire length thereof. In the event that such snow and ice is frozen so hard that it cannot be removed without material difficulty or injury to such sidewalk, such owner or occupant shall cause sufficient ashes, sand, sawdust, salt or other suitable material to be spread thereon so as to provide a safe path at least two feet in width the entire length thereof. As soon thereafter as weather permits, such owner or occupant shall thoroughly clean said sidewalk.

Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition.

(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, to maintain such sidewalk in a reasonably safe condition.

(2)

Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, 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 reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair, or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt, or other material from the sidewalk.

(3)

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 sidewalks in a reasonably safe condition. This subsection shall not be construed to apply to the liability of the town as a property owner pursuant to Subsection B of this section.

(4)

Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the Town is commenced, including any provisions requiring prior notice to the Town of defective conditions.

Editor's Note: This local law also provided for the redesignation of former Subsection B as Subsection D.

Personal injury and property damage liability insurance. An owner of real property, other than a public corporation as defined in § 66 of the General Construction Law or a state or federal agency or instrumentality, to which Subsection A of this section of this code applies, shall be required to have a policy of personal injury and property damage liability insurance for such property for liability for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain the sidewalk abutting such property in a reasonably safe condition. The Town shall not be liable for any injury to property or personal injury, including death, as a result of the failure of an owner to comply with this section.

The owner and the occupant shall be jointly and severally responsible for compliance with the provisions hereof.