1. Purpose. This ordinance is amended and recreated for the safety of all residents who use city sidewalks.
2. Definitions.
A. Measurable Snowfall: is accumulated snow on the ground of 1/2" or more in at least a 24- hour period, whether it is freshly fallen or blown snow on somatic Transportation
B. Multipurpose Trail/Path: trails or paths that have been designated for use by bicycles and/or pedestrians.
C. Path: a trail that has been improved through paving, crushed rock/asphalt/concrete, wood, or other long-lasting material, and range in width from six to ten feet wide or more.
D. Pedestrian: an individual walking, standing upon, or by the use of a wheelchair or mobile scooter a provided route of pedestrian transportation route or along the opposite side of the roadway, also known as the shoulder - where there is no form of non-motorized transportation, and/or crossing traffic within a roadway.
E. Sidewalk: the portion of paved pedestrian transportation, one edge usually runs along the property line between the City owned right-of-way and the adjacent property owner, and between the curb of the street.
F. Somatic Transportation: Transportation designated for use by physical or bodily means, such as, but not limited to sidewalk paths
G. Trail: an area designated through natural use by pedestrians and/or natural wildlife, usually unimproved, and may be used by small, motorized vehicles. Widths of these trails vary from less than two to more than ten feet.
3. The owner or occupant of lots abutting sidewalks shall, no later than 24 hours within the last measurable snowfall, remove all snow and ice which may have fallen or accumulated upon such sidewalk, provided that:
A. When ice or packed snow has so formed that it cannot be removed, the owner or occupant shall keep the sidewalk sprinkled with a nonskid material which will prevent the sidewalk from being dangerous to pedestrians.
B. This requirement shall also apply to the main sidewalk as it extends from a comer lot to the curb line of an intersecting street and to pedestrian ramps which shall be cleared to the full width of said ramp.
C. Property owners adjacent to alley ways shall be required to clean the sidewalk to the middle ground of the alley.
4. This code is prima facia evidence of notification to all property owners within the boundaries for the City of Denison of this time requirement and no further notification shall be required.
5. Whenever the owner or occupant of lots abutting such sidewalks shall fail to comply with this Section, the City shall provide a notice of pending action. If the owner or occupant does not cause the snow and/or ice to be removed or sprinkled within twenty-four (24) hours, the City will remove/sprinkle and the cost thereof shall be charged and billed to the property owner. In the event of an extraordinary snow or ice event that involves multiple rounds of precipitation, the City may waive enforcement of this policy and hold off sending notices of pending action during the extraordinary event.
6. The City shall document the condition of the sidewalk before and after City cleaning, with preference being visual documentation of said conditions. This information shall be delivered to the City Clerk, who shall keep an accurate account of the evidence documenting such removal.
7. The City Clerk shall invoice the adjacent property owner, for failure to comply with this ordinance in the following manner:
A. At least one hour, or the actual time of work - whichever is greater, for personnel at the rate indicated on the Fee Schedule. Any fraction of an hour will be charged a full hour's worth of City time.
B. At least one hour, or the actual time used - whichever is greater, for the equipment used at the rate indicated on the Fee Schedule. Any fraction of an hour will be charged a full hour's worth of City time.
C. Any and all actual repairs for damages incurred to any City equipment during the cleaning of the sidewalk caused by owner and/or the condition of the sidewalk.
D. Actual costs for the use of any environmentally friendly ice melt used by the City while removing said snow and ice.
8. If the City is not paid within thirty (30) days, the unpaid amount may be assessed as a special charge against said lot or parcel of land on the tax roll and shall be collected in the matter provided.
9. Due to winter conditions sidewalks may not be able to be cleared edge to edge. Therefore, the following minimums shall be maintained throughout the winter snowfall season
A. Residential sidewalks measuring 3-4 feet in width must have at least 2 feet clear.
B. Residential sidewalks measuring greater than 4 feet in width must have no greater than 1 foot on each side of sidewalk covered in snow and/or ice.
C. All commercial and industrial sidewalks must have cleared a path on the sidewalk at least 6 feet across or the entire width of sidewalk if it is less than 6 feet.
(Ord. 1554 - Jan. 23 Supp.)