(A) When a public sidewalk under the jurisdiction of the town runs through or abuts upon any private property, it shall be the responsibility of the property owner, or of the occupant of the property in the case of property (other than a multi-family dwelling, multi-office building or shopping center) which is occupied by tenants, to maintain all public sidewalks running through or abutting upon the property in a reasonably useable and safe condition.
(B) REASONABLY USEABLE AND SAFE CONDITION means the owner or occupant shall be responsible for the prompt removal of snow and ice, mud or other obstructions affecting that portion of the public sidewalk running through or abutting the owner's or occupant's property and which may endanger or impair the safe use of the sidewalk by public pedestrians for normal purposes.
(C) It is a defense against violation of this section that:
(1) The responsible property owner or occupant is physically incapable of himself or herself performing the work necessary to comply with this section and is financially incapable of employing another person to do so on his or her behalf;
(2) The responsible owner or occupant was absent from the town at the time the relevant condition occurred and was unaware thereof; or
(3) The provisions of a public easement whereby the public sidewalk runs through the owner's or occupant's property expressly makes the town or other public authority responsible for the above- described maintenance activities.
(D) This section is not intended to annul any provisions of private easements, covenants, leases, contracts and the like whereby a person other than the owner or occupant is made liable for the functions required hereunder, but the enforcement of any such provisions shall be the province of the affected owner or occupant and not of the town and the provisions shall not be construed to relieve the owner or occupant of immediate responsibility under this section.
('85 Code, § 8-10-3) (Ord. 1985-C32, passed 9-24-85) Penalty, see § 94.99