AMENDED ORDINANCE #21-2015 Snow

POSTED AS AMENDED ON MARCH 9, 2016

VILLAGE OF BARRYTON

SNOW ORDINANCE #21-2015

 

The Village of Barryton Ordains:

The downtown sidewalk snow and ice removal section of this ordinance ensures all customers and walkers are safe and free of hazardous conditions as they visit and shop in our community.  By ensuring the timely removal of snow and ice from the sidewalks and entryway of your property, you are telling your employees and customers you care for their safety and welcome their business.

Downtown Sidewalk Snow and Ice Removal

A) Owners, occupants and persons in control of any property shall be responsible for keeping all sidewalks adjoining the property clear of snow and ice as provided in this section. Ice shall be cleared by removal or application of sufficient quantities of deicing material or sand.

B) Failure to remove snow or ice from a sidewalk for a period of 24 consecutive hours is a violation of this ordinance.

C) On sidewalks in the downtown area, accumulations of two or more inches of snow that falls and ice that forms, between the hours of 7:00 am. and 7:00 p.m., shall be removed immediately, with any snow that accumulates or ice-that forms after 7:00 p.m. to be removed by 7:00 a.m. of the following day, with failure to comply with these requirements being a violation of this ordinance.

D) This Ordinance shall be enforced by such person(s) who shall be so designated by the Village Council of the Village of Barryton, Michigan. The owner and/or tenants of any premises found to be not in compliance with this ordinance will be given notice by way of posting of property.

E) If snow and/or Ice are not removed from the premises within 24 hours after the date of posting such notice, the owner and/or tenants of the premises shall be subject to Village penalties as set forth in this ordinance. The Village of Barryton is also hereby authorized and empowered to pay for the removal of the snow and/or ice or to order the removal by any authorized Village representative.

F) Where costs of removal or any civil infractions issued are not paid by an owner within sixty (60) after the removal of such snow and or ice or violations of any sections of this ordinance, then the Village Council shall cause to be recorded in the Treasurer’s Office the date and premises on which removal was done or the violation occurred. The recording of such statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made and shall be collected in the manner provided by law for collection of taxes; further, the total amount shall be subject to a delinquent penalty of 1% per month in the event same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent; said sworn statements recorded in accordance with the provisions hereof shall be notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the premises described in the statement that the same is due.

Obstruction of safety vision by removal or deposit of snow, ice, or slush prohibited MCL257.677a

(1) As used in this section:

(a) “Person” shall not include the Village or State or a political subdivision of the Village/State or an employee of the Village or State or a political subdivision of the Village or State operating within the scope of his duties.

(b) “Safety vision” means an unobstructed line of sight enabling a driver to travel upon, enter, or exit a roadway in a safe manner.

(2) A person shall not remove, or cause to be removed, snow, ice, or slush onto or across a roadway or the shoulder of the roadway in a manner which obstructs the safety vision of the driver of a motor vehicle other than off-road vehicles.

(3) A person shall not deposit, or cause to be deposited, snow, ice, or slush onto or across a roadway or the shoulder of the roadway in a manner which obstructs the safety vision of the driver of a motor vehicle.

(4)A person shall not deposit, or cause—to be deposited, snow, ice, or slush on any roadway or highway.

Parking

It shall be unlawful for any reason to cause, allow, permit, or suffer any vehicle to stand or be parked on any street within the Village corporate limits between the hours of two o’clock (2:00) a.m. and six o’clock (6:00) a.m. between November 1st-March 31st, contingent upon the weather.

Penalty

(1)        The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)        The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.

Yeas __5___  Nays ___0__    Ordinance declared: Adopted

Published Date: April 17, 2015                        Effective Date: May 8, 2015

 

_Jennifer Trelfa____                                          ___Deb Buehner_________

Signed by Village Clerk:                                              Village President: