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| 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.
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