Agenda Item 9
July 8, 2014
Public Hearing
MEMORANDUM
July 3, 2014
TO:
FROM:
SUBJECT:
County Council
Robert
H.
Drummer, Senior Legislative Attorney
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Public Hearing:
Bill 21-14, Streets and Roads - Sidewalk Snow Removal Plan
Bill 21-14, Streets and Roads - Sidewalk Snow Removal Plan, sponsored by
Councilmembers Riemer and Navarro, was introduced on April 22.
A Transportation,
Infrastructure, Energy and Environment Committee worksession is tentatively scheduled for July
28.
Bill 21-14 would require the Executive to develop a Sidewalk Snow Removal Plan.
Although property owners are already required to remove snow and ice from sidewalks that are
contiguous to their property within 24 hours after precipitation ends, recent snow storms have
left County sidewalks covered with snow and ice for many days after a winter weather event.
The Bill would require the Executive to develop a sidewalk snow removal plan that includes a:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
digital map of the County that shows who is responsible for clearing snow and ice
on each sidewalk in the County;
"major storm event" communications plan that addresses notice to County
residents of a major storm event and the sidewalk snow and ice removal
requirements in this Section;
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;
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 a major storm event;
plan for removal of snow and ice on publicly owned property; and
plan for trash removal during a major storm event.
This packet contains:
Bill 21-14
Legislative Request Report
F:\LAW\BILLS\1421 Sidewalk Snow Removal Plan\Public Hearing Memo.Doc
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Bill No.
21-14
Concerning: Streets and Roads ­
Sidewalk Snow Removal Plan
Revised: April 16, 2014 Draft No.
~
Introduced:
April 22, 2014
Expires:
October 22, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: -:----:-:--_ _ _ _ _ __
Sunset Date:
--!.!;~7---::,---­
Ch. _ _.Laws
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.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, 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.
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.
(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).
(3)
The requirements ofthis 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;
(iii)
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was not routinely cleared of snow and ice after
August 1999; and
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BILL
No. 21-14
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(iv)
(4)
(A)
is not the primary route for pedestrian access to a
winter recreational facility open to the public.
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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.
(b)
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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.
(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)
The County Executive must designate a department to enforce this
Section and may designate other County employees or contractors to
enforce this Section.
(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
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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 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.
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ili1
Sidewalk Snow Removal Plan.
The Executive must develop, update,
and publish on the County internet site
that includes a:
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sidewalk snow removal plan
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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 storm event" communications plan that addresses notice
to County residents of
!!
major storm 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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ill
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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;
plan to provide extended hours for County personnel who receive
snow and ice removal complaints during
~
major storm event;
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ill
plan for removal of snow and ice on publicly owned property:
f:1law\bills\1421 sidewalk snow removal plan\bill2.doc
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BILL
No. 21-14
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®
ill}
at bus-stops and Metro stations;
near schools;
along State highways;
along the highest priority pedestrian routes;
(Q)
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@
!ID
®
lID
Approved:
in
urban districts; and
used for hiker-biker trails; and
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plan for trash removal during
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major storm event.
Craig
L.
Rice, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
f:\Iaw\bills\1421 sidewalk snow removal plan\bill 2.doc
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LEGISLATIVE REQUEST REPORT
Bill 21-14
Streets and Roads
-
Sidewalk Snow Removal Plan
DESCRIPTION:
PROBLEM:
Bill 21-14 would require the Executive to develop a Sidewalk Snow
Removal Plan.
Although property owners are already required to remove snow and
ice from sidewalks that are contiguous to their property within 24
hours after precipitation ends, recent snow storms have left County
sidewalks covered with snow and ice for many days after a winter
weather event.
The goal of this Bill is to decrease the time sidewalks are covered
with snow and ice after a major winter weather event.
DOT, DPS, Police
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIEN CE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class C Violation
f:\law\bills\1421 sidewalk snow removal plan\legislative request report. doc