Clay, NY Property Maintenance: Snow & Sidewalk Clearing (2026)
Key Facts
- Duty holder
- Abutting property owner or occupant
- Governing section
- Town of Clay Code § 197-5
- Max fine
- $250 (§ 1-18)
- Max jail
- 15 days
- Continuing violation
- Each day a separate offense
- Snow deposit ban
- Cannot dump snow onto street/neighbor (§ 197-3)
Summary
In the Town of Clay, the owner or occupant of any property fronting or abutting a street must maintain and repair the adjoining sidewalk and keep it free of snow and ice under Town of Clay Code § 197-5. Failing to do so exposes the owner to liability for resulting injuries and to prosecution under Chapter 197.
§ 1-18. General penalty. Unless otherwise specifically provided, the violation of any chapter, rule or regulation or any specific provision or provisions thereof adopted by the Town Board as a part of this Code shall be deemed a violation against such chapter, rule, regulation, or provisions of this Code punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both such fine and imprisonment ... ... § 197-4. Penalties for offenses. ... Any person, firm or corporation who violates any provisions of this chapter shall be punished as provided in Chapter 1, Article II, § 1-18. General Penalty, and each day such violation shall continue shall constitute a separate offense. ... ... § 197-5. Liability of abutting owner or occupant. The owner or occupant of lands fronting or abutting on any street in the Town of Clay shall maintain and repair the sidewalks adjoining said lands and keep the sidewalk free from obstruction, including snow and ice. Such owner or occupant shall be liable for any injury or damage by reason of omission, failure or negligence to maintain or repair such sidewalks or to keep them free of obstructions, including snow and ice.
Full Breakdown
Town of Clay Code § 197-5, in Chapter 197's Article II, Sidewalks, places the duty to maintain and repair sidewalks, including keeping them free of snow, ice and other obstruction, on the owner or occupant of the abutting lands, not on the Highway Department. The same section makes that owner or occupant liable for any injury or damage caused by an omission, failure or negligence to maintain the sidewalk or keep it clear of snow and ice, so an uncleared walk that leads to a slip-and-fall can expose the abutting property owner to a civil claim on top of any code violation.
Chapter 197 also regulates the plowing itself: § 197-3 bars anyone from plowing, shoveling, sweeping or piling snow so as to obstruct a public street, sidewalk or private driveway, or from depositing snow cleared from a driveway into the public roadway, right-of-way or sidewalk, or onto a neighbor's property without consent. Enforcement runs through § 197-4, which applies the general penalty in § 1-18 of the Town Code to any violation of Chapter 197, including the Article II sidewalk duty, and treats each day a violation continues as a separate offense.
The Town does not publish a fixed number of hours after a snowfall in which the sidewalk must be cleared; the duty in § 197-5 is a standing obligation to keep the walk free of obstruction, not a one-time deadline tied to a storm.
Violations & Fines
A violation of Chapter 197, including the § 197-5 duty to keep a sidewalk clear of snow and ice, is punishable under the Town's general penalty, § 1-18: a fine of up to $250, imprisonment of up to 15 days, or both. Section 197-4 makes each day the sidewalk remains obstructed a separate offense, and an owner who fails to clear ice or snow can also be held civilly liable for injuries the hazard causes to pedestrians.
Frequently Asked Questions
Who has to shovel the sidewalk in the Town of Clay?
Is there a deadline in hours after a snowfall to clear the sidewalk?
What happens if I pile plowed snow into the street?
What is the fine for an uncleared Clay sidewalk?
Sources & Official References
Other rules in Clay
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Snow & Sidewalk Clearing in Nearby Cities
How other cities in this county handle snow & sidewalk clearing.