(A) Definitions. For the purposes of this section, the following definitions shall apply:
MAJOR MAINTENANCE. Major maintenance includes, without limitation, repairing or replacing deteriorated sidewalks, structural repairs to sidewalks, and the repair of cracks or material separations which present a danger of injury to persons or property traveling upon such sidewalk.
PRIVATE SIDEWALKS. Private sidewalks are located solely within and upon private property designed to circulate pedestrian traffic safely within the private development or to connect the private development to the public sidewalk.
PUBLIC SIDEWALKS. Public sidewalks are those paved walkways on both public or private property, located within or near the public right-of-way, constructed to provide for the circulation of pedestrian traffic along the streets and highways within the community. The sidewalks more often than not traverse more than one property and are typically inter-connected throughout the community.
ROUTINE MAINTENANCE. Routine maintenance includes, without limitation, clearing debris, dust, dirt, grass clippings and weeds, and snow and ice removal.
(B) (1) The city shall assume the responsibility for major maintenance of all public sidewalks within the city, and commencing with the passage of this section the city shall no longer assume the responsibility for routine maintenance of public sidewalks. The owner of the property upon which is constructed a private sidewalk shall be responsible for major and routine maintenance of such private sidewalk.
(2) This section is not intended to abrogate any statutory or common law immunity available to the city regarding the construction, repair or maintenance of public grounds or sidewalks, nor is this section intended to establish a statutory standard of care, nor modify any common law standard of care, for private property owners in a civil proceeding arising from injuries to persons or property occurring on such public sidewalks.
(3) There shall be no criminal penalty for a violation of this section. It is the city's intent by this section to delineate the responsibility for sidewalk maintenance and repair. This shall affect no other Code section or criminal liability outlined in this Code regarding the obstruction of, or debris upon, sidewalks or public ways.
(Ord. 10-2000, passed 10-4-00)