Bill No.
21-14
Concerning: Streets and Roads -
Sidewalk Snow Removal Plan
Revised: October 21. 2014 Draft No.
L
Introduced:
April 22. 2014
Enacted:
October 21. 2014
Executive:
Returned unsigned
Effective:
February 3. 2015
Sunset Date: ---'-'N=on"""'e..___ _ _ _ __
Ch.~.
Laws of Mont. Co.
2014
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Navarro
AN ACT
to:
(1)
(2)
require the Executive to develop a Sidewalk Snow Removal Plan; and
generally amend the law concerning the removal of snow and ice from sidewalks
and pedestrian crossings in the County.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-17
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 21-14
1
Sec. 1. Section 49-17 is amended as follows:
49-17. Accumulation of snow and ice on property prohibited.
2
3
4
5
6
7
8
9
(a)
(1)
A person is responsible for removing snow and ice on any
sidewalk, other walkway, shared use path, or parking area on or
adjacent to property that the person owns, leases, or manages,
including any walkway in the public right-of- way,
to
provide a
pathway wide enough for safe pedestrian and wheelchair use.
For purposes of this Section, commonly owned property between
a single-family residential lot and a common walkway is
considered part of the lot if the intervening common property
includes a walkway or driveway that serves only that lot. ·
1O
11
12
(2)
Except as provided in paragraph (4), each owner, tenant, or
manager is jointly and severally responsible for clearing snow
and ice from the property and complying with Section 31-26A(d).
13
14
15
(3)
The requirements of this Section do not apply
to:
(A)
(B)
an unpaved walkway;
a private walkway or parking area on the property of a
single-family residence;
(C)
a public walkway behind a single-family residence that is
not directly accessible from the owner's property; or
(D)
a walkway that:
(i)
(ii)
is at least 25 feet from vehicular traffic;
serves only pedestrian destinations that are also
accessible by another walkway that this Section
requires to be cleared;
16
17
18
19
20
21
22
23
24
25
26
27
(iii)
was not routinely cleared of snow and ice after
August-1999; and
-2-
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 21-14
28
29
30
31
32
33
34
35
36
37
(iv)
is not the primary route for pedestrian access to a
winter recreational facility open to the public.
(4)
(A)
An individual who lives in a multi-family residential
property is not responsible for removing snow and ice .
from a common walkway or parking area.
(B)
A homeowners' association, as that term is used in State
law, is not responsible for removing snow and ice from a
walkway adjacent to a single-family residential lot, if the
lot owner is responsible under paragraph (1) for removing
snow and ice from that walkway.
38
39
(b)
If
ice or hardpacked snow is impossible or unreasonably difficult to
remove, the person is responsible for applying sufficient sand, other
abrasives, or salt to provide safe pedestrian use.
40.
41
42
43
44
(
c)
The person is responsible for removing snow and ice within 24 hours
after the end of the precipitation that caused the condition.
If a
snowplow redeposits snow or ice on a sidewalk or other walkway after
a person
has
complied with this Section, the person is not responsible
for clearing the walkway until 24 hours after the snoWplow redeposited
the snow or ice.
(
d)
45
46
47
48
49
The County Executive must designate a department to enforce this
Section and may designate other County employees or contractors to
enforce this Section.
50
51
52
53
(
e)
The Executive may order a different deadline or conditions for
removing snow and ice during or immediately after a severe or unusual
storm or other public-safety condition.
(f)
In
addition to any other remedy or penalty for a· violation of this
54
Section, the County may clear the snow and ice and charge the
-3-
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
21-14
55
56
57
58
responsible property owner for the cost, which the County may collect
in the same manner as property taxes.
(g)
A violation of this Section is a class C violation. A person authorized
to
enforce this Section must not issue a citation for a violation unless the
violation still exists 24 hours after a notice of violation. An authorized
enforcement officer may issue the notice of violation to any person
responsible under subsection (a) for clearing the snow or ice, or post the
notice in a conspicuous place on the property where the violation exists.
Each day a violation continues to exist is a separate violation, except for
a violation on or adjacent to a single-family residential property.
·
(h)
59
60
61
62
63
64
65
66
67
Sidewalk Snow Removal Plan.
The Executive must develop, update,
and publish on the County internet site
~
sidewalk snow removal plan
allocating available resources in a
fair
and equitable manner throughout
the County that includes a:
68
69
70
71
72
73
ill
ill
digital map of the County that shows who is responsible for
clearing snow and ice on each sidewalk in the County;
"major storm evenf' communications plan that addresses notice
to County residents
of~
major storm event and the sidewalk
snow and ice removal requirements in this Section;
74
75
76
ill
ffi
targeted public education campaign about sidewalk snow and ice .
removal for owners of property in the County;
designation of pedestrian priority routes for targeted education
and increased snow and ice removal enforcement;
77
78
79
ill
· {fil
public education campaign about how
to
request enforcement of
this Section;
plan to provide extended hours for County personnel who receive
snow and ice removal complaints during
~major
storm event;
-4-
80
81
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 21-14
82
83
84
ru
plan for removal of snow and ice on publicly owned property:
(A}
at bus-stops and Metro stations;
near schools;
along State highways;
along the highest priority pedestrian routes;
ill)
85
86
©
ill}
(ID
87
88
89
90
in
urban districts; and
used for hiker-biker trails; and
®
(fil
Approved:
plan for trash removal during
~major
storm event.
91
Da~
92
93
94
Returned
1m5j
gned
11/3/14
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
95
Linda M. Lauer, Clerk of the Council
Date
-5-
 PDF to HTML - Convert PDF files to HTML files
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
November 3, 2014
TO:
Craig Rice, President
County Council
Isiah Leggett, County Executive
Bill 21-14 Streets and Roads - Sidewalk Snow Removal Plan
FROM:
RE:
I have on my desk Bill 21-14, Streets and Roads - Sidewalk Snow Removal Plan.
I am returning the Bill unsigned with the following comments and concerns for the Council's
consideration.
First, let me make it clear that I support the goal of keeping sidewalks passable at
all times. As you know, when I served on the County Council, I voted for the existing snow
removal law, and I continue to support responsible and reasonable efforts to remove snow from
sidewalks, regardless of ownership.
Since I took office, my goal has been to transform our County into a walkable
community and one that fully complies with the law providing access for persons with
disabilities. I proposed and have implemented the County's first comprehensive pedestrian safety
plan. However, I believe that Bill 21-14, as written, raises unrealistic expectations about what the
County can accomplish and has potential unintended adverse consequences.
My concerns are:
1. The bill requires development of a "plan" for snow removal on sidewalks that are
not otherwise covered under current law. However, development of such a plan
creates an expectation that it will be immediately and fully implemented.
2. Development of the plan alone will require significant resources that have yet to
be allocated by the Council - approximately $500,000.
3. We have estimated that the average annual cost to implement the additional snow
removal called for under Bill 21-14 would be $6 million, taking away funds from
other worthwhile programs. Last year, this would have cost the County an
montgomerycountymd.gov / 311
240-773-3556 TTY
 PDF to HTML - Convert PDF files to HTML files
Craig Rice, Council President
November 3, 2014
Page 2
estimated $10 million. I believe its implementation should be made expressly
contingent on annual funding approval by the Council, and plan to submit an
amendment to address this.
4. I am also concerned about the discussions of only providing snow removal on
sidewalks in delineated priority areas that may leave other areas unserved.
5. I am very concerned that this bill will have the unintended consequence of
opening the County to increased liability.
In preparation for the upcoming winter, I have directed the County's Office of
Public Infonnation to bolster the public education effort about the requirement to clear
sidewalks, regardless of how we proceed on Bill 21-14.
As I have said, my Administration can develop a plan. However, I agree with
Councilmember Leventhal that what is encompassed in Bill 21-14 could have been accomplished
without passage of legislation that creates unrealistic goals and expectations.
 PDF to HTML - Convert PDF files to HTML files
Bill No.
21-14
Concerning: Streets and Roads -
Sidewalk Snow Removal Plan
Revised: October 21. 2014 Draft No.
L
Introduced:
April 22. 2014
Enacted:
October 21. 2014
Executive:
Returned unsigned
Effective:
February 3. 2015
Sunset Date: ---'-'N=on"""'e..___ _ _ _ __
Ch.~.
Laws of Mont. Co.
2014
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Navarro
AN ACT
to:
(1)
(2)
require the Executive to develop a Sidewalk Snow Removal Plan; and
generally amend the law concerning the removal of snow and ice from sidewalks
and pedestrian crossings in the County.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-17
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 21-14
1
Sec. 1. Section 49-17 is amended as follows:
49-17. Accumulation of snow and ice on property prohibited.
2
3
4
5
6
7
8
9
(a)
(1)
A person is responsible for removing snow and ice on any
sidewalk, other walkway, shared use path, or parking area on or
adjacent to property that the person owns, leases, or manages,
including any walkway in the public right-of- way,
to
provide a
pathway wide enough for safe pedestrian and wheelchair use.
For purposes of this Section, commonly owned property between
a single-family residential lot and a common walkway is
considered part of the lot if the intervening common property
includes a walkway or driveway that serves only that lot. ·
1O
11
12
(2)
Except as provided in paragraph (4), each owner, tenant, or
manager is jointly and severally responsible for clearing snow
and ice from the property and complying with Section 31-26A(d).
13
14
15
(3)
The requirements of this Section do not apply
to:
(A)
(B)
an unpaved walkway;
a private walkway or parking area on the property of a
single-family residence;
(C)
a public walkway behind a single-family residence that is
not directly accessible from the owner's property; or
(D)
a walkway that:
(i)
(ii)
is at least 25 feet from vehicular traffic;
serves only pedestrian destinations that are also
accessible by another walkway that this Section
requires to be cleared;
16
17
18
19
20
21
22
23
24
25
26
27
(iii)
was not routinely cleared of snow and ice after
August-1999; and
-2-
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 21-14
28
29
30
31
32
33
34
35
36
37
(iv)
is not the primary route for pedestrian access to a
winter recreational facility open to the public.
(4)
(A)
An individual who lives in a multi-family residential
property is not responsible for removing snow and ice .
from a common walkway or parking area.
(B)
A homeowners' association, as that term is used in State
law, is not responsible for removing snow and ice from a
walkway adjacent to a single-family residential lot, if the
lot owner is responsible under paragraph (1) for removing
snow and ice from that walkway.
38
39
(b)
If
ice or hardpacked snow is impossible or unreasonably difficult to
remove, the person is responsible for applying sufficient sand, other
abrasives, or salt to provide safe pedestrian use.
40.
41
42
43
44
(
c)
The person is responsible for removing snow and ice within 24 hours
after the end of the precipitation that caused the condition.
If a
snowplow redeposits snow or ice on a sidewalk or other walkway after
a person
has
complied with this Section, the person is not responsible
for clearing the walkway until 24 hours after the snoWplow redeposited
the snow or ice.
(
d)
45
46
47
48
49
The County Executive must designate a department to enforce this
Section and may designate other County employees or contractors to
enforce this Section.
50
51
52
53
(
e)
The Executive may order a different deadline or conditions for
removing snow and ice during or immediately after a severe or unusual
storm or other public-safety condition.
(f)
In
addition to any other remedy or penalty for a· violation of this
54
Section, the County may clear the snow and ice and charge the
-3-
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
21-14
55
56
57
58
responsible property owner for the cost, which the County may collect
in the same manner as property taxes.
(g)
A violation of this Section is a class C violation. A person authorized
to
enforce this Section must not issue a citation for a violation unless the
violation still exists 24 hours after a notice of violation. An authorized
enforcement officer may issue the notice of violation to any person
responsible under subsection (a) for clearing the snow or ice, or post the
notice in a conspicuous place on the property where the violation exists.
Each day a violation continues to exist is a separate violation, except for
a violation on or adjacent to a single-family residential property.
·
(h)
59
60
61
62
63
64
65
66
67
Sidewalk Snow Removal Plan.
The Executive must develop, update,
and publish on the County internet site
~
sidewalk snow removal plan
allocating available resources in a
fair
and equitable manner throughout
the County that includes a:
68
69
70
71
72
73
ill
ill
digital map of the County that shows who is responsible for
clearing snow and ice on each sidewalk in the County;
"major storm evenf' communications plan that addresses notice
to County residents
of~
major storm event and the sidewalk
snow and ice removal requirements in this Section;
74
75
76
ill
ffi
targeted public education campaign about sidewalk snow and ice .
removal for owners of property in the County;
designation of pedestrian priority routes for targeted education
and increased snow and ice removal enforcement;
77
78
79
ill
· {fil
public education campaign about how
to
request enforcement of
this Section;
plan to provide extended hours for County personnel who receive
snow and ice removal complaints during
~major
storm event;
-4-
80
81
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 21-14
82
83
84
ru
plan for removal of snow and ice on publicly owned property:
(A}
at bus-stops and Metro stations;
near schools;
along State highways;
along the highest priority pedestrian routes;
ill)
85
86
©
ill}
(ID
87
88
89
90
in
urban districts; and
used for hiker-biker trails; and
®
(fil
Approved:
plan for trash removal during
~major
storm event.
91
Da~
92
93
94
Returned
1m5j
gned
11/3/14
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
95
Linda M. Lauer, Clerk of the Council
Date
-5-
 PDF to HTML - Convert PDF files to HTML files
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
November 3, 2014
TO:
Craig Rice, President
County Council
Isiah Leggett, County Executive
Bill 21-14 Streets and Roads - Sidewalk Snow Removal Plan
FROM:
RE:
I have on my desk Bill 21-14, Streets and Roads - Sidewalk Snow Removal Plan.
I am returning the Bill unsigned with the following comments and concerns for the Council's
consideration.
First, let me make it clear that I support the goal of keeping sidewalks passable at
all times. As you know, when I served on the County Council, I voted for the existing snow
removal law, and I continue to support responsible and reasonable efforts to remove snow from
sidewalks, regardless of ownership.
Since I took office, my goal has been to transform our County into a walkable
community and one that fully complies with the law providing access for persons with
disabilities. I proposed and have implemented the County's first comprehensive pedestrian safety
plan. However, I believe that Bill 21-14, as written, raises unrealistic expectations about what the
County can accomplish and has potential unintended adverse consequences.
My concerns are:
1. The bill requires development of a "plan" for snow removal on sidewalks that are
not otherwise covered under current law. However, development of such a plan
creates an expectation that it will be immediately and fully implemented.
2. Development of the plan alone will require significant resources that have yet to
be allocated by the Council - approximately $500,000.
3. We have estimated that the average annual cost to implement the additional snow
removal called for under Bill 21-14 would be $6 million, taking away funds from
other worthwhile programs. Last year, this would have cost the County an
montgomerycountymd.gov / 311
240-773-3556 TTY
 PDF to HTML - Convert PDF files to HTML files
Craig Rice, Council President
November 3, 2014
Page 2
estimated $10 million. I believe its implementation should be made expressly
contingent on annual funding approval by the Council, and plan to submit an
amendment to address this.
4. I am also concerned about the discussions of only providing snow removal on
sidewalks in delineated priority areas that may leave other areas unserved.
5. I am very concerned that this bill will have the unintended consequence of
opening the County to increased liability.
In preparation for the upcoming winter, I have directed the County's Office of
Public Infonnation to bolster the public education effort about the requirement to clear
sidewalks, regardless of how we proceed on Bill 21-14.
As I have said, my Administration can develop a plan. However, I agree with
Councilmember Leventhal that what is encompassed in Bill 21-14 could have been accomplished
without passage of legislation that creates unrealistic goals and expectations.