Agenda Item 6C
December 9, 2016
Josh Hamlin, Legislative Attorne
Expedited Bill 46-16, Streets an Roads - Snow Removal- Violations
Transportation, Infrastructure, Energy and Environment Committee recommendation:
(2-1, Councilmember Floreen opposed):
Enact Expedited Bill 46-16 with amendment
Expedited Bill 46-16, Streets and Roads - Snow Removal- Violations, sponsored by Lead Sponsor
Counci1member Riemer and Co-Sponsor Councilmember Berliner, was introduced on November
15, 2016. A public hearing was held on November 29 and a Transportation, Infrastructure, Energy
and Environment Committee worksession was held on December 1.
Expedited Bill 46-16 would provide for higher penalties for violations ofthe law requiring removal
of snow and ice on commercial property. Section 49-17 of the County Code provides that "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." A violation of §49-17 is a class C violation, but is not subject to a citation unless
the violation still exists 24 hours after a notice of violation.
Expedited Bill 46-16 would make a violation of §49-l7 on or adjacent to commercial property a
class A violation, while a violation on or adjacent to residential property would remain a class C
violation. Under the Bill, "commercial property" would mean real property that either is not
designed for or intended for human habitation, or contains a multi-family dwelling of four or more
units. "Residential property" under the Bill would mean real property containing either a single
family dwelling or a multi-family dwelling of three or fewer units. Civil penalties for class A
violations are 10 times those of class C violations: a maximum of $500 for the first offense and
$750 for repeat offenses.
A memorandum from the Bill's sponsor is at ©6.