HomeMy WebLinkAbout2014-012 Snow Alert Days and Snow Removal Routes; YMC Amendment 8.88 and Addition 8.88040, 8.88.050, 8.88.060, 8.88.070 ORDINANCE NO. 2014 -012
AN ORDINANCE relating to streets and sidewalks, amending Chapter 8.88 to provide for
snow alert days and for snow removal routes within the City; and
amending YMC Chapter 8.88 to add new Sections 8.88.040, 8.88.050,
8.88.060, 8.88.070.
WHEREAS, the City of Yakima (City) has an established Snow and Ice Removal
Ordinance through the enactment of Chapter 8.88 of the Yakima Municipal Code ( "YMC "); and
WHEREAS, the City desires to improve its public trust and accountability and to ensure
the citizens the use of safe roadways following a snow event by adding a Snow Alert Ordinance
to the YMC; and
WHEREAS, such an ordinance would allow the City Manager or his designee to declare
a "Snow Alert," thereby prohibiting on- street parking on streets designated as "Snow Routes"
when snow has accumulated to three (3) or more inches; and
WHEREAS, prohibiting parking on the designated Snow Routes during Snow Alerts
would allow the City unhindered snow removal operations during and following a snow event;
and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public's best interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 8.88 of the City of Yakima Municipal Code is amended to add new
Sections 8.88.040, .050, .060, and .070 to read as follows:
Sections:
8.88.010 Duty of owner or occupant to remove snow from sidewalks — Legislative policy.
8.88.020 Duty of owner or occupant to remove snow from sidewalks— Requirements.
8.88.030 Violation — Penalty.
8.88.040 Snow Alert
8.88.050 Snow Routes
8.88.060 Prohibited Parking After Snowfall
8.88.070 Ticketing and Towing Vehicles
8.88.010 Duty of owner or occupant to remove snow 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 Yakima and to
visitors to the city during the winter months. It is reasonable and necessary that persons owning
and occupying premises 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. 93 -30 § 1,
1993: Ord. A -824 § 1, 1924).
8.88.020 Duty of owner or occupant to remove snow from sidewalks- Requirements.
Every owner or occupant 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 sidewalks immediately adjacent to the primary entrance of said property. Said owner or
occupant shall make a reasonable effort to have the sidewalks immediately adjacent to the
primary entrance of said property cleared of snow and ice by nine a.m. of every day after
snowfall. In the event snow and ice accumulates so that it is not practical to remove, said owner
or occupant shall provide for the dispersal of sand or other suitable material upon said sidewalk
in order to allow the use of said sidewalk in a reasonably safe manner; provided, it shall be
deemed a civil infraction punishable as set forth in YMC 8.88.030 to place snow and /or ice
removed from sidewalk areas into the public rights -of -way, alleys, city streets, pathways or
thoroughfares; provided further, that an owner or occupant of any property shall not be in
violation of this section if such owner or occupant has in full force and effect a written agreement
with some other person or legal entity who, by the terms of such agreement, is obligated to
perform the duties of this section. (Ord. 2005 -73 § 1, 2005: Ord. 93 -30 § 2, 1993: Ord. A -824 §
2, 1924).
8.88.030 Violation — Penalty.
Any person or corporation who shall violate YMC 8.88.020 shall be deemed to have
committed a civil infraction, and shall be a monetary penalty in an amount not to exceed fifty
dollars. Each day in which any violation shall continue shall be deemed a separate offense.
(Ord. 93 -30 § 3, 1993).
8.88.040 Snow Alert
In the event snow has accumulated to three (3) or more inches, the City Manager or
the manager's designee may declare a snow alert; until such snow alert is terminated it
shall be a civil infraction subject to the penalty set forth in YMC 8.88.030 for the owner
or operator of any motor vehicle to park a motor vehicle upon any street, road or avenue
within the city that has been designated and posted with signage as a Snow Route.
8.88.50 Snow Routes
The purpose of Snow Routes is to allow the city unhindered snow removal operations
during and following a Snow Alert. All Snow Routes shall be designated and posted
with signage by the city and may be revised as the city deems necessary.
8.88.060 Prohibited Parking After Snowfall
Parking vehicles upon streets designated and posted with signage as Snow Routes
shall be prohibited when the Snow Alert Ordinance has been placed into effect. Parking
on Snow Routes is prohibited from the time the Snow Alert Ordinance goes into effect
until the snow has ceased to fall and the snow removal operations have been
completed for the entire width of the Snow Route.
8.88.070 Ticketing and Towing Vehicles
Vehicles parked in violation of this Snow Alert Ordinance shall be cited and removed
to prevent safety hazards associated with incomplete snow removal. Law enforcement
officers, Parking enforcement officers, Codes, and /or anyone commissioned by the
Chief of Police shall be authorized to cite any vehicle parked in a street designated and
posted as a Snow Route when the Snow Alert Ordinance is in effect and to have said
vehicles relocated or removed by City tow or any commercial towing service. Vehicles
towed away for illegally parking in a Snow Route during a Snow Alert may be stored in a
place designated by the Yakima Police Department. In the event a vehicle is relocated,
a relocation fee shall apply in addition to the cost of the issued citation. In addition to
the cost of the issued citation, in the event the car is towed, the costs for towing shall be
assessed to and paid by the operator or registered owner of the vehicle, prior to the
vehicle being released and returned to the operator or registered owner of said vehicle.
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day
of May, 2014.
ATTEST: Micah Ca ey, Mayor
cp
Sony- •laar Tee, City Clerk ° /17-
`
Publication Date: May 23, 2014 �� 4 G roh
Effective Date: June 22, 2014
F x.11
Ii ~
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13.
For Meeting of: May 20, 2014
ITEM TITLE: Ordinance amendment of YMC Chapter 8.88 to provide for
Snow Alert Days and for Snow Removal Routes within the
City.
SUBMITTED BY: Scott Schafer, Public Works Director, 576-
6411
Joe Rosenlund, Streets & Traffic Division Manager
SUMMARY EXPLANATION:
The City of Yakima (City) currently has an established Snow and Ice Removal Ordinance for
addressing sidewalks in accordance with Chapter 8.88 of the Yakima Municipal Code.
However, to improve the City's public trust and accountability and to ensure safe roadways for
our citizens following a snow event of three (3) or more inches of accumulation, the City is
proposing to include a "Snow Alert Ordinance" to address snow removal from the streets
leading to and within the immediate downtown area. this measure is a key component to a
comprehensive new City Snow Removal Plan that would simultaneously remove snow from all
City streets in the event of three (3) or more inches of snow, unlike the past practice of
staggering snow removal over several days. The objective of the Snow Alert Ordinance and
new snow removal plan is to ensure equal snow removal services to all Yakima residences and
businesses, as well as, reduce the costly adverse effects of snow and ice on all City streets due
to the effects of the freeze and thaw cycle on roads. These damaging effects contribute to the
City's poor paving condition index of 54 and the average cost of $180,000 per lane mile to grind
and overlay our roads. In addition, a recent American Auto Association report estimates that
poor road conditions cost each motorist an extra $324 annually to repair and operate their
vehicle.
Snow removal from the downtown area can be difficult to address due to vehicles parked along
the streets. It delays the snow removal process; causing unsafe conditions as well as
frustrating citizens. The Snow Alert Ordinance would allow the City to quickly and effectively
remove the snow.
Such an ordinance would allow the City Manager or his designee to declare a "Snow Alert"
prohibiting on- street parking within the downtown area, along Yakima Ave., North 1st St., and
Summitview Ave. on streets designated as "Snow Routes" when snow has accumulated to
three (3) or more inches. The Snow Routes would allow the City unhindered snow removal
operations during and following a snow event.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source /Fiscal N/A
Impact:
Strategic Priority: Public Safety
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests City Council adoption of the amendments to the ordinance.
ATTACHMENTS:
Description Upload Date Type
❑ Snow Alert Ordinance Clean Copy 5/7/2014 Ordinance
❑ Snow Alert Ordinance Redline Copy 5/7/2014 Ordinance
ORDINANCE NO. 2014 -
AN ORDINANCE relating to streets and sidewalks, amending Chapter 8.88 to provide
for snow alert days and for snow removal routes within the City;
and amending YMC Chapter 8.88 to add new Sections 8.88.040,
8.88.050, 8.88.060, 8.88.070.
WHEREAS, the City of Yakima (City) has an established Snow and Ice Removal
Ordinance through the enactment of Chapter 8.88 of the Yakima Municipal Code
( "YMC "); and
WHEREAS, the City desires to improve its public trust and accountability and to
ensure the citizens the use of safe roadways following a snow event by adding a Snow
Alert Ordinance to the YMC; and
WHEREAS, such an ordinance would allow the City Manager or his designee to
declare a "Snow Alert," thereby prohibiting on- street parking on streets designated as
"Snow Routes" when snow has accumulated to three (3) or more inches; and
WHEREAS, prohibiting parking on the designated Snow Routes during Snow
Alerts would allow the City unhindered snow removal operations during and following a
snow event; and
WHEREAS, the City Council finds and determines that adoption of this
ordinance is in the public's best interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 8.88 of the City of Yakima Municipal Code is amended to add
new Sections 8.88.040, .050, .060, and .070 to read as follows:
Sections:
8.88.010 Duty of owner or occupant to remove snow from sidewalks — Legislative
policy.
8.88.020 Duty of owner or occupant to remove snow from sidewalks— Requirements.
8.88.030 Violation — Penalty.
8.88.040 Snow Alert
8.88.050 Snow Routes
8.88.060 Prohibited Parking After Snowfall
8.88.070 Ticketing and Towing Vehicles
8.88.010 Duty of owner or occupant to remove snow 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 Yakima
and to visitors to the city during the winter months. It is reasonable and necessary that
persons owning and occupying premises 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. 93 -30 § 1, 1993: Ord. A -824 § 1, 1924).
8.88.020 Duty of owner or occupant to remove snow from sidewalks —
Requirements.
Every owner or occupant 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 sidewalks immediately adjacent to the primary entrance of said
property. Said owner or occupant shall make a reasonable effort to have the sidewalks
immediately adjacent to the primary entrance of said property cleared of snow and ice by
nine a.m. of every day after snowfall. In the event snow and ice accumulates so that it is
not practical to remove, said owner or occupant shall provide for the dispersal of sand or
other suitable material upon said sidewalk in order to allow the use of said sidewalk in a
reasonably safe manner; provided, it shall be deemed a civil infraction punishable as set
forth in YMC 8.88.030 to place snow and /or ice removed from sidewalk areas into the
public rights -of -way, alleys, city streets, pathways or thoroughfares; provided further, that
an owner or occupant of any property shall not be in violation of this section if such
owner or occupant has in full force and effect a written agreement with some other
person or legal entity who, by the terms of such agreement, is obligated to perform the
duties of this section. (Ord. 2005 -73 § 1, 2005: Ord. 93 -30 § 2, 1993: Ord. A -824 § 2,
1924).
8.88.030 Violation — Penalty.
Any person or corporation who shall violate YMC 8.88.020 shall be deemed to have
committed a civil infraction, and shall be a monetary penalty in an amount not to exceed
fifty dollars. Each day in which any violation shall continue shall be deemed a separate
offense. (Ord. 93 -30 § 3, 1993).
8.88.040 Snow Alert
In the event snow has accumulated to three (3) or more inches, the City
Manager or the manager's designee may declare a snow alert; until such snow
alert is terminated it shall be a civil infraction subject to the penalty set forth in
YMC 8.88.030 for the owner or operator of any motor vehicle to park a motor
vehicle upon any street, road or avenue within the city that has been designated
and posted with signage as a Snow Route.
8.88.50 Snow Routes
The purpose of Snow Routes is to allow the city unhindered snow removal
operations during and following a Snow Alert. All Snow Routes shall be
designated and posted with signage by the city and may be revised as the city
deems necessary.
8.88.060 Prohibited Parking After Snowfall
Parking vehicles upon streets designated and posted with signage as Snow
Routes shall be prohibited when the Snow Alert Ordinance has been placed into
effect. Parking on Snow Routes is prohibited from the time the Snow Alert
Ordinance goes into effect until the snow has ceased to fall and the snow
removal operations have been completed for the entire width of the Snow Route.
8.88.070 Ticketing and Towing Vehicles
Vehicles parked in violation of this Snow Alert Ordinance shall be cited and
removed to prevent safety hazards associated with incomplete snow removal.
Law enforcement officers, Parking enforcement officers, Codes, and /or anyone
commissioned by the Chief of Police shall be authorized to cite any vehicle
parked in a street designated and posted as a Snow Route when the Snow Alert
Ordinance is in effect and to have said vehicles relocated or removed by City tow
or any commercial towing service. Vehicles towed away for illegally parking in a
Snow Route during a Snow Alert may be stored in a place designated by the
Yakima Police Department. In the event a vehicle is relocated, a relocation fee
shall apply in addition to the cost of the issued citation. In addition to the cost of
the issued citation, in the event the car is towed, the costs for towing shall be
assessed to and paid by the operator or registered owner of the vehicle, prior to
the vehicle being released and returned to the operator or registered owner of
said vehicle.
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
20 day of May, 2014.
ATTEST: Micah Cawley, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
Distributed at they
Meeting52O-JN
Claar Tee, Sonya
From: J Scott Heppler [shepper @earthlink.net]
Sent: Tuesday, May 20, 2014 10 00 AM
To: Claar Tee, Sonya
Subject: Road Salt Concerns attached
Attachments: Road_Salt.pdf -
See Attached
J. Scott Heppler
Penguin Innovations
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