Chapter 12.10
SNOW AND ICE REMOVAL
Sections:
12.10.010 Duty to remove snow and ice from sidewalks – Legislative policy.
12.10.030 Duty to remove snow and ice from sidewalks – Requirements.
12.10.040 Sidewalks impossible to clear.
12.10.050 Throwing snow and ice into streets.
12.10.060 Resistance or obstruction of city’s removal of snow or ice.
12.10.080 Penalty for violation.
12.10.090 Defense for violation.
12.10.010 Duty to remove snow and ice from sidewalks – Legislative policy.
Accumulations of snow and ice on public sidewalks within the city are detrimental to the public health, convenience, safety, and welfare of the citizens of the city of Newport and to visitors to the city during the winter months. It is reasonable and necessary that persons owning, occupying, leasing, or having charge of properties adjacent to sidewalks make all reasonable efforts to clear the sidewalks which they control of snow and ice in a prudent fashion so that those public rights-of-way remain accessible and safe for their intended public use. This chapter is for the benefit of the general public and no specific duty to particular persons is created hereby. (Ord. 2103 § 1, 2022)
12.10.020 Definition.
The words “owner,” “occupant,” “lessee,” “person in charge,” or “person” as used in this chapter shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies, or all other entities of any kind capable of suing or being sued. (Ord. 2103 § 1, 2022)
12.10.030 Duty to remove snow and ice from sidewalks – Requirements.
A. Every owner, occupant, lessee, or person in charge of any property located within the city which is adjacent to a public sidewalk shall be responsible for the removal of snow and ice which may fall or accumulate on the sidewalk for the entire length along the owner or occupant’s property and for the entire width thereof within 24 hours after such snow or ice shall have fallen and accumulated thereon.
B. Every owner, occupant, lessee, or person in charge of any property located within the city shall remove any ice buildup on any overhanging structures in and over public rights-of-way in commercial areas, which may or may not constitute a hazard to the public, as determined by the city.
C. It shall be a violation with penalties in accordance with NMC 12.10.080 for any person to fail to comply with the requirements of this section. (Ord. 2103 § 1, 2022)
12.10.040 Sidewalks impossible to clear.
In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, occupant, lessee, or person in charge of every property located within the city shall within the time specified in NMC 12.10.030 cause the sidewalk along such property to be strewn with wood ashes, sand, sawdust or some other suitable material and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalk. (Ord. 2103 § 1, 2022)
12.10.050 Throwing snow and ice into streets.
It shall be a violation with penalties in accordance with NMC 12.10.080 for any person to throw or put, or cause to be thrown or put, any snow or ice into any street, avenue or other public place in the city. (Ord. 2103 § 1, 2022)
12.10.060 Resistance or obstruction of city’s removal of snow or ice.
It shall be a violation with penalties in accordance with NMC 12.10.080 for any person to resist or obstruct the city in the removal of snow or ice. (Ord. 2103 § 1, 2022)
12.10.070 Removal by city.
In the event any owner, occupant, lessee, or person in charge who is required herein to remove said snow and ice, fails to do so within 24 hours after such snow or ice has fallen or accumulated, the city may remove all of said ice or snow and the owner of said property shall be charged the reasonable cost thereof, which said reasonable cost shall be not less than $10.00. The imposition or collection of any fine or penalty prescribed by this chapter shall not be a bar to the right of the city to collect the costs of removing and cleaning of snow and ice from the sidewalks as herein provided. (Ord. 2103 § 1, 2022)
12.10.080 Penalty for violation.
A. Any owner, occupant, lessee, or person in charge found in violation of this chapter shall be deemed to have committed a Class 4 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. Each day on which said violation continues will constitute a separate offense. The city shall file a notice of infraction with the court for violations of this chapter. In any such action the city shall be entitled to recover, in addition to the civil penalty, its costs and reasonable attorney fees. In accordance with RCW 7.80.160, the city may pursue misdemeanor charges for failure to respond to a civil infraction.
B. After issuance of an infraction under subsection A of this section has been issued, the violator shall have 48 hours to clear accumulated snow and ice from the sidewalk before an additional citation may be issued.
C. Any person or business found in violation of this chapter for a third time within a 12-month period, and all subsequent violations in that 12-month period, shall be deemed to have committed a Class 3 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. (Ord. 2103 § 1, 2022)
12.10.090 Defense for violation.
It shall be a defense to a violation of this chapter if:
A. The violator is 65 years or older, or possesses a physical condition that has been verified by a medical doctor which prevents them from removing accumulations of snow and ice from the sidewalk; or
B. The violator can provide documentation that shows reasonable efforts to obtain snow removal services were made but were unsuccessful; or
C. The violator can provide documentation of an agreement the violator has entered into for another person to complete such services necessary to comply with this chapter. (Ord. 2103 § 1, 2022)