Amherst, NY Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Who repairs
- abutting owner or occupant
- Vegetation clearance height
- 8 feet above sidewalk
- Residential fine schedule
- $100 / $200 / $200
- Nonresidential fine schedule
- $250 / $500 / $500
- 2011 rear-lot exemptions
- repealed by L.L. No. 10-2012
Summary
In Amherst, the owner or occupant of any property fronting a street must repair, keep safe and maintain the abutting sidewalk themselves, including trimming overhanging vegetation and clearing hazards.
The owner or occupant of any premises fronting or abutting on any street or highway shall repair, keep safe and maintain any sidewalk abutting the premises and keep it free and clear from snow, ice, dirt or other obstruction. All trees, shrubs, plants and other vegetation must be cut back to a height of eight feet directly above the surface of any sidewalk. Any such owner or occupant shall be liable for any injury or damage by reason of omission or failure to repair, keep safe and maintain such sidewalk or to remove snow, ice or other obstructions therefrom or negligence in performing those functions. ...[§ 83-1-5(5-4)(C)] For Property in Residential Districts: First violation $100; Second violation within 12 months of the first violation, $200... For Property in Nonresidential Districts: First violation $250; Second violation within 12 months of the first violation, $500.
Full Breakdown
1) puts the repair burden on the abutting property, not the Town: the owner or occupant of any premises fronting or abutting a street or highway must repair, keep safe and maintain any sidewalk abutting the premises, and keep it free and clear from snow, ice, dirt or other obstruction. The same clause requires trees, shrubs, plants and other vegetation to be cut back to a height of eight feet directly above the sidewalk surface. An owner or occupant who fails to repair, keep safe or maintain the sidewalk, or who fails to remove snow, ice or other obstructions, is made liable for any resulting injury or damage.
A set of narrower exemptions for rear-lot sidewalks along certain major highways, added in 2011, was later repealed in full by Local Law No. 10-2012, so no property class is currently carved out of the general duty. Violations of § 83-9-5 carry their own fine schedule under § 83-1-5(5-4)(C), separate from the general Uniform Code penalty: for property in residential districts it is $100 for a first violation, $200 for a second violation within 12 months, and $200 for each further violation within that 12-month window; for property in nonresidential districts it is $250 first, $500 second, and $500 for each subsequent violation.
Violations & Fines
Failure to repair, maintain or keep a sidewalk safe under § 83-9-5 is fined under § 83-1-5(5-4)(C): $100/$200/$200 per successive violation within 12 months for residential property, and $250/$500/$500 for nonresidential property, with the owner also exposed to civil liability for injuries caused by the disrepair.
Frequently Asked Questions
Who is responsible for sidewalk repair in Amherst?
What is the fine for an unrepaired sidewalk in Amherst?
Does Amherst still exempt some rear-lot sidewalks from repair duty?
Sources & Official References
Other rules in Amherst
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Sidewalk Repair in Nearby Cities
How other cities in Erie County handle sidewalk repair.