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Ordinance No. 1128 06-14-1999 ORDINANCE SUMMARY ORDINANCE NO. 1128 OFFICIAL TITLE AND SUMMARY I. Title: An Ordinance Adopting a New Chapter 514 Entitled "Private Property Snow and Ice Removal" and amending Chapter 11 of the City of Fridley Code entitled General Provision and Fees. II. Summary. The City Council of the City of Fridley does hereby ordain as follows: It is an unlawful act to deposit and/or store winter snow and ice on the public streets, sidewalks, bikeway/walkway or other public or private property without the permission of the owner and provides for penalties for violations. The purpose of the ordinance is to prohibit vehicles from pushing snow onto or across the street onto boulevards of private or public property. The property owner of the removed snow is responsible for the actions of himself or any agent involved in the snow removal process. Penalties established result in a notice of the first violation with a second violation penalty of$50.00, third $200.00, fourth$500.00, not to exceed $700.00 and 90 days in jail, plus any City costs. This ordinance is effective 10 days after publication. If you desire further clarification or additional information, you may contact the Public Works office at 572-3566 between the hours of 7:00 a.m. and 3:30 p.m. I 1 ORDINANCE NO. 1128 AN ORDINANCE ESTABLISHING CHAPTER 514 OF THE FRIDLEY CITY CODE ENTITLED APRIVATE PROPERTY SNOW AND ICE REMOVAL@ THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 514.01. PURPOSE 1. The purpose of this chapter is to protect the public health and safety arising out of the deposition and/or storage of winter snow and/or ice on the public streets, sidewalks, bikeway/ walkway, and other public or private property without the permission of the owner and to provide penalties for violations. 2. Nothing in this chapter shall be construed to prohibit the City snow or ice plowing or removal activities. 514.02. DEFINITIONS The following defmitions apply in this Chapter of this Code. Reference hereafter to Asections@ are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. 1. APrivate Property@ means property owned by a person,firm,voluntary association or corporation other than a government body,that is not generally open for use by the public. 2. APublic Property@ means property that may be used by the public subject to reasonable regulations by a governmental body,including public rights-of-way for streets and highways. 3. ASemi-public Property@ means private property generally open for use by the public but not owned or maintained by a governmental body. Such property includes without limitation church property, school property,shopping centers and all other property generally used by patrons of a commercial or private business establishment;including private streets and residential areas. 514.03. SNOW REMOVAL 1. It shall be unlawful unless specifically approved by the City for any property owner to place or have placed snow or ice from their driveway or parking area onto or across the public sidewalk, bikeway/walkway,street or highway which results in piles or rows on the paved surface or upon the boulevard or property of another property owner without permission whether done by him/herself or an agent for him/herself. The Director of Public Works may give approval for temporary placement of snow from service stations,private parking or similar areas onto public property,provided the snow will be removed within 48 hours following its placement on City property. 514.04. OWNER RESPONSIBILITY 1. Every property owner is responsible for ensuring that during the winter snow and ice season that residual snow or ice from the driveway and/or parking area is not placed onto the sidewalk, bikeway/walkway,street or another property without the property owners permission during the snow or ice removal activities. 2. The property owner is responsible for any violation of this chapter whether the violation is the result of his/her action or that of an agent for the property owner. Ordinance No. 1128 Page 2 514.05. PENALTIES 1. Upon the first violation of this Chapter each snow season,the property owner will be issued a warning notice. 2. Succeeding violations of the provisions of this Section shall be a misdemeanor,subject to penalties of a maximum of$700.00 and 90 days in jail per occurrence. In the alternative,the City may,in its discretion,impose a civil penalty as follows: 2°a Offense in any given year: $50.00 3rd Offense within 6 months of any prior offense: $200.00 4th Offense or more within 6 months of prior offense(s): $500.00 In addition,the City may charge to,and assess to the associated property,any damage to City property or injury to City employees attributable to violations of this section. CHAPTER 11,GENERAL PROVISIONS AND FEES Section 11.10"Fees"is amended to include the following: ADD 514 Snow Removal Penalty Violations of the provisions of this Section shall be a misdemeanor. subject to penalties of a maximum of$700.00 and 90 days in jail per occurrence. In the alternative, the City may. in its discretion. impose a civil penalty as follows: 2"d Offense in any given year: $50.00 3rd Offense within 6 months of any prior offense: $200.00 4t' Offense or more within 6 months of prior offense(s): $500.00 In addition.the City may charge to.and assess to the associated property.any damage to City property or injury to city employees attributable to violations of this section. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF JUNE,1999. AN!W J r G', SON,MAYOR ATTEST: is a 1e G .tics DE RA A. SKOGEN,�TY CLERK First Reading: v�/May 24, 1999 Second Reading: June 14, 1999 Published: June 241999