Article 3 — Location and Use of Pedestrian Walkways

Every walkway shall be located upon public land or rights-of-way.

(Ord. 26 § 2 (part), 1969)

No person may ride a horse or operate a motor-driven vehicle upon a walkway, unless such walkway is posted for such use. Any person may ride a bicycle on a walkway unless such walkway is posted prohibiting such use. In all cases a pedestrian shall have the right of way upon a walkway.

(Ord. 33 § 1, 1969: Ord. 26 § 2 (part), 1969)

(a)

The owner of a parcel of real property which fronts on any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance.

(b)

The owner of a parcel of real property is under a duty to members of the public to keep the portion of any sidewalk area described in subsection (a) in a safe condition. If the owner makes an alteration to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition.

(c)

The failure of an owner to fulfill the duties imposed by subsections (a) and (b) is negligence and the owner is liable to members of the public injured as a result of that negligence.

(d)

If the owner of a parcel of real property is not the person in possession, then the responsibilities and duties imposed by subsections (a) and (b) are also imposed on the person in possession of the property.

(Ord. 379 § 1, 1990)