Bill No.
21-14
Concerning:
Roads
Sidewalk Snow Removal
Plan
Streets
and
­
Revised: October 21. 2014 Draft No.
L
Introduced:
APril 22, 2014
Enacted:
October 21, 2014
EX~uwe:
Eff~e:
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Sunset Date:
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ChI - '
Laws
of
Mont
Co. _ __
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
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Heading or
defined term.
Addedto existing law
by
original bill
Deletedfrom existing
law
by original bill.
Added
by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected
by
bill
The County CoW1cilfor Montgomery COW1ty. Maryland approves the following Act:
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BILL
No.
21-14
1
Sec. 1. Section 49-17
is
amended as follows:
49-17. Accumulation of snow and ice on property prohibited.
(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.
F or 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.
(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 3l-26A(d).
(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)
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;
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(iii)
was not routinely cleared of snow and ice after
August'1999; and
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BILL
No.
21-14
28
(iv)
is not the primary route for pedestrian access to a
winter recreational facility open
to
the public.
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(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.
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40.
(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.
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(
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
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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)
The County Executive must designate a department to enforce this
Section and may designate other County employees or contractors to
enforce
this
Section.
(
e)
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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
Section, the County may clear the snow and ice and charge the
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BILL
No.
21-14
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responsible property owner for the cost, which the County may collect
in the same manner as property taxes.
(g)
A violation ofthis 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.
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@
Sidewalk Snow Removal Plan.
The Executive must develop, update,
and publish on the County internet site
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sidewalk snow removal plan
allocatini
available resources in a fair and equitable manner throughout
the County that includes a:
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ill
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digital map of the County that shows who is responsible for
clearing snow and ice on each sidewalk in the County;
"major stonn event" communications plan that addresses notice
to County residents of
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major stonn event and the sidewalk
snow and ice removal requirements in this Section;
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targeted public education campaign about sidewalk snow and ice
removal for owners ofproperty in the County;
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designation of pedestrian priority routes for targeted education
and increased snow and ice removal enforcement;
public education campaign about how to request enforcement of
this Section;
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®
plan to provide extended hours for County personnel who receive
snow and ice removal complaints during
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major stonn event;
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BILL No. 21-14
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plan for removal ofsnow and ice on publicly owned property:
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at bus-stops and Metro stations;
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{g
near schools;
along State highways;
along the highest priority pedestrian routes;
.em
tID
{fl
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Approved:
in
urban districts; and
used
for hiker-biker trails; and
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plan for trash removal during
!!
major storm event.
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Da~
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Isiah Leggett, County Executive
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This is a correct copy ofCouncil action.
Date
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Linda M. Lauer, Clerk oftbe Council
Date
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