Chapter 7.45
SNOW AND ICE ON PUBLIC SIDEWALKS
Sections:
7.45.010 Purpose and authority.
7.45.030 Duty to remove snow and ice from sidewalks.
7.45.070 Defense for violation.
Attachment A Sidewalk Snow Removal Map
7.45.010 Purpose and authority.
The purpose of this chapter is to regulate accumulations of snow and ice on sidewalks. This regulation is undertaken in order to promote the safe and efficient movement of pedestrian traffic on sidewalks within City limits and to promote greater economic activity. The provisions of this chapter are adopted pursuant to RCW 35A.11.020, and are to promote the health, safety, and welfare of the citizens of the City. (Ord. 17-010 § 2, 2017).
7.45.020 Definitions.
Terms used within this chapter are defined as follows:
“Accumulations of snow and ice” means snow and ice deposited by natural or artificial sources.
“Artificial sources” means operations which result from human efforts that cause snow or ice to accumulate. These include, but are not limited to:
1. Snow removal operations conducted by the City; and
2. Snow removal operations conducted by private individuals or businesses.
“Natural sources” means any natural occurrence which causes snow and/or ice to accumulate. These include, but are not limited to:
1. Snowstorms; and
2. Freezing rain.
“Removal area” means areas classified Tier I priority or Tier II priority.
“Sidewalks” means public sidewalks and does not include those sidewalks located entirely on private property.
“Tier I priority” areas include:
1. “Safe routes to schools” as delineated upon the official map, entitled Attachment A – Sidewalk Snow Removal Map (included at the end of this chapter); and
2. “Commercial, retail, and industrial areas” that currently include the following zoning districts as delineated on the official zoning map of the City:
|
MU |
Mixed Use District |
|
CMU |
Corridor Mixed Use District |
|
P/OS |
Parks/Open Space |
|
NC |
Neighborhood Commercial District |
|
RC |
Regional Commercial District |
|
I |
Industrial District |
|
IMU |
Industrial Mixed Use |
“Tier II priority” areas include:
1. “Residential areas” which currently include the following zoning districts, as delineated on the official zoning map of the City:
|
R-1 |
Single-Family Residential Estate District |
|
R-2 |
Single-Family Residential Suburban District |
|
R-3 |
Single-Family Residential Urban District |
|
MF |
Multifamily Residential District |
(Ord. 17-010 § 2, 2017).
7.45.030 Duty to remove snow and ice from sidewalks.
A. The owner or occupant of any real property located within or along a removal area shall remove or cause to be removed all accumulations of snow and ice exceeding three inches from the sidewalks adjacent to the property so that a minimum 36-inch path for pedestrian travel is created pursuant to the Americans with Disabilities Act, 42 U.S.C. §§ 12131 through 12164.
B. Accumulations of snow and ice exceeding three inches shall be removed from the sidewalk within 48 hours after the event causing it to accumulate has ceased.
C. Tier I priority areas are the only areas which may be enforced until future action by the city council to approve enforcement of Tier II priority areas. (Ord. 17-010 § 2, 2017).
7.45.040 Amnesty periods.
A. In the event accumulations of snow and ice are deposited in a manner or volume that makes their immediate removal impracticable, the city manager may announce periods of amnesty during which failure to remove the accumulations of snow and ice will not result in a violation pursuant to SVMC 7.45.060.
B. The announcement shall be accompanied by a public notice stating:
1. The circumstances necessitating the amnesty period; and
2. The amnesty period’s duration, including the date and time that it will end.
C. The city manager may extend the amnesty period by issuing an additional announcement and public notice pursuant to SVMC 7.45.040(B). (Ord. 17-010 § 2, 2017).
7.45.050 Improper removal.
Removing and depositing snow and ice in a manner which obstructs or creates an obstruction to vehicular or pedestrian traffic constitutes the misdemeanor of disorderly conduct pursuant to SVMC 8.25.030 and RCW 9A.84.030. This section shall not constitute a separate misdemeanor violation. The City, in exercising its policy-making discretion, may choose to push snow and ice with plows from the traveled streets onto the edges of those streets where it may melt over time, and this shall not be considered improper removal. (Ord. 17-010 § 2, 2017).
7.45.060 Penalties.
A. Any person or business found in violation of SVMC 7.45.030 shall be found to have committed a Class 4 civil infraction, and shall be subject to the monetary penalties set forth in RCW 7.80.120, as adopted or subsequently amended, including any applicable statutory assessments.
B. After a citation 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 SVMC 7.45.030 for a third time within a 12-month period, and all subsequent violations in that 12-month period, shall be found to have committed a Class 3 civil infraction, and shall be subject to the monetary penalties set forth in RCW 7.80.120, as adopted or subsequently amended, including any applicable statutory assessments. (Ord. 17-010 § 2, 2017).
7.45.070 Defense for violation.
It shall be a defense to a violation of SVMC 7.45.030 if:
A. The subject property is occupied as a residence, regardless of zoning designation;
B. The violator is 65 years or older, or possesses a physical disability that has been verified by a medical doctor which prevents them from removing accumulations of snow and ice from the sidewalk; and
C. The violator can provide documentation that shows reasonable efforts to obtain snow removal services were made but were unsuccessful. (Ord. 17-010 § 2, 2017).
7.45.080 Educational program.
The city manager shall adopt and maintain a comprehensive program to educate the public about the importance of snow and ice removal from sidewalks and the enforcement requirements contained in this chapter, as well as lists as appropriate regarding potential resources that residents and businesses may choose to utilize at their discretion for removal of sidewalk snow and ice. (Ord. 17-010 § 2, 2017).
Attachment A Sidewalk Snow Removal Map
