(A) Obligations of owners or occupants of property abutting sidewalks. Except as provided by division (D) of this section, it shall be unlawful for any owner, occupant or agent of any commons, lot, tract or parcel of ground adjacent to and abutting upon any sidewalk in the town to suffer or permit snow to accumulate, be or remain upon the sidewalk abutting thereon for a longer period than 24 hours after daylight and after the snow ceases to fall. For purposes of this section, a public sidewalk is considered to be an "abutting" sidewalk if:
(1) It in whole or part traverses the private property upon a right-of-way easement; or
(2) The public sidewalk lies between the property line of the private property and the curb or pavement line of the adjacent public street or alley, even though no part of the public sidewalk per se may be directly upon or in contact with the property line of such private property.
(`86 Code, § 5-2-2)
(B) Failure to comply; removal by town and assessment of costs. If any snow shall remain upon any sidewalks within the corporate limits of the town abutting upon any commons, lot, tract or parcel of ground within the town at any time for a period of more than 24 hours after daylight and after the snow ceases to fall, it shall be the option of the Town Marshal to procure the removal of the snow and the clearing of the sidewalk upon which the same has fallen and has not so been removed as provided by division (A) of this section and to collect from the owner, occupant or agent a reasonable value of the labor and service of cleaning the sidewalk from all snow. Upon the failure of the owner, occupant or agent to pay the reasonable sum, it shall be the further duty of the Marshal to report to the Clerk-Treasurer of the town the reasonable value of the services, and the Clerk-Treasurer shall immediately mail a written statement and demand for payment to the owner or occupant of the affected property, due and payable within five business days of the date of dispatch of the notice. In the event that the required amount is not paid within the time stipulated, the Clerk-Treasurer shall cause the amount to be added to the penal sum requested under division (C) of this section, and it shall be awardable to the town as additional judgment against the defendant to be collected by the court of jurisdiction and paid over to the town in the same manner as the penal judgment. The use of the snow plow upon the sidewalks of the town, by the Street Department of the town, shall not relieve the owner, occupant or agent from complying with the provisions of this chapter.
(`86 Code, § 5-2-3) (Ord. 11, passed 1-2-39; Am. Ord. 86-C7, passed 8-25-86)
(C) Failure to comply; penalties. In addition to the penalty mentioned in division (B) of this section, any person violating the provisions of division (A) of this section shall upon conviction thereof be fined in any sum determined by § 10.99.
(`86 Code, § 5-2-4) (Ord. 11, passed 1-2-39; Am. Ord. 86-C7, passed 8-25-86)
(D) Release from obligations for certain infirmed and indigent persons. An owner or occupant of any affected property shall be relieved and discharged from any obligation under division (A) of this section and from payment of any costs and/or penal fine under divisions (B) and (C) of this sections, if the person demonstrates to the satisfaction of the Town Council or the judge of the court of jurisdiction that:
(1) By reason of age, health or other infirmity, he or she is physically unable to perform the required work of snow clearance;
(2) There is no other physically able member of his or her household or business establishment who may reasonably be called upon to perform the required work; and
(3) He or she is financially unable, without incurring undue and unreasonable hardship, to employ another person to perform the required work on his or her behalf.
(`86 Code, § 5-2-5) (Ord. 11, passed 1-2-39; Am. Ord. 86-C7, passed 8-25-86) Penalty, see § 10.99