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Ordinance No. 1311 01-27-2014 ORDINANCE NO. 1311 AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 514, PRIVATE PROPERTY SNOW AND ICE REMOVAL The City Council of the City of Fridley hereby ordains, after review, examination and recommendation of staff that Fridley City Code Chapter 514 Private Property Snow and Ice Removal be amended as follows: FRIDLEY CITY CODE CHAPTER 514. PRIVATE PROPERTY SNOW AND ICE REMOVAL 514.01. PURPOSE 1.The purpose of this section is to protect the public health and safety arising out of the deposition, accumulation, 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 section shall be construed to prohibit the city snow or ice plowing or removal activities. 514.02.DEFINITIONS The following definitions apply in this section of the Code. Reference hereafter to sections are, unless otherwise specified, references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. 1.Private Property means property owned by a person, firm, voluntary associations or corporations other than a government body, that is not generally open for use by the public. 2.Public 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.Semi-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. 4. Snow Season is the time between the first snowfall after July 1 in a given year until the last snowfall before June 30 in the subsequent year. 514.03. SNOW REMOVAL 1.The City shall remove snow and ice from City streets, alleys, walks, and trails on Public Property that it maintains in accordance with its Snow and Ice Control Policy. 2. It shall be unlawful unless specifically approved by the City for any property owner to place or have placed snow or iced 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 Wworks or their designee may give approval for Ordinance No. 1311 Page 2 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 owner’s permission during the snow or ice removal activities. 2.Property owners must eliminate any hazardous snow or ice condition by clearing residual snow and ice from walks or trails on adjacent Public Property that are plowed by the City in accordance with its Snow and Ice Control Policy. Such clearing of snow and ice by property owners must occur within forty-eight (48) hours of cessation of any snowfall and any subsequent snow and ice removal activities performed by or on behalf of the City. 23. The property owner is responsible for any violation of this section whether the violation is the result of his/her action or that of an agent for the property owner. 514.05.PENALTIES 1.Violation of this section shall be a Public Nuisance as defined by Chapter 110, and shall be subject to all penalties and remedies contained therein. In addition, violation of this section shall be subject to all penalties and remedies pursuant to Minnesota Statutes Chapter 429. 12. Upon the first violation of this section each snow season Snow Season, the property owner will be issued a warning notice. 23. 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 set forth in Chapter 901. In the alternative, the City may, in its discretion, impose a civil penalty as follows: 2nd Offense in any given year during any Snow Season: $ 50.00 3rd Offense within 6 months of any prior offense during any Snow Season: $200.00 4th Offense or more within 6 months of any prior offense(s) during any Snow Season: $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. TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27 DAY OF JANUARY, 2014. ________________________________ SCOTT J. LUND – MAYOR ATTEST: _____________________________ DEBRA A. SKOGEN – CITY CLERK First Reading: December 9, 2013 Second Reading: January 27, 2014 Publication: February 13, 2014