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Expedited Bill No.
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Concerning: Streets and Roads - Snow
Removal - Violations
Revised: 12/1/2016 Draft No. -'4=------
lntroduced:
November 15. 2016
Enacted:
December 13. 2016
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'-'N-=on'""'e=---------
Ch. _ _ , Laws of Mont. Co. _ _ __
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COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Riemer
Co-Sponsor: Councilmember Berliner
AN EXPEDITED ACT
to:
(1)
provide for penalties for violations of the law requiring removal of snow and ice on
certain property; and
(3)
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
Article I,
In
General
Section 49-17
Boldface
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[Single boldface brackets]
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[[Double boldface brackets]]
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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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EXPEDITED BILL
No. 46-16
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Sec. 1. Section 49-17 is amended as follows:
49-17. Accumulation of snow and ice on property prohibited.
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(a)
(1)
In this Section:
(A)
Commercial property
means real property that either:
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(ii)
is not designed ·for or intended for human
habitation; or
contains
units.
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multi-family dwelling of four or more
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Residential property
means real property containing
either:
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(ii)
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single family dwelling; or
multifamily
~welling
of three or fewer units.
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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.
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[(2)]ill
Except as provided in paragraph [[(4)]]
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each owner,
tenant, or manager is jointly and severally responsible for
clearing snow and ice from the property and complying with
Section 3 l-26A( d).
[(3)].(1}
(A)
The requirements of this Section do not apply to:
an unpaved walkway;
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EXPEDITED BILL
No. 46-16
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(B)
a private walkway or parking area on the property of a
single-family residence;
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(C)
a public walkway behind a single-family residence that is
not directly accessible from the owner's property; or
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(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)
was not routinely cleared of snow and ice after
August 1999; and
(iv)
is not the primary route for pedestrian access to a
winter recreational facility open to the public.
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[( 4)]ill
(A)
An individual who lives m a multi-family
[residential property] dwelling 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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(g)
Violations.
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A violation of this Section is:
(A)
on or adjacent to residential property, a class C
violation~
and
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EXPEDITED BILL
No. 46-16
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.ffi}
on or adjacent to commercial property,
£!
class A violation
subiect to a civil penalty of$250 for an initial offense. with
penalties for repeat offenses according to Section 1-19.
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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.
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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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Sec. 2. Expedited Effective Date:
The Council declares that this legislation is
necessary for the immediate protection of the public interest. This Act takes effect on
the date on which it becomes law.
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Date
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Approved:
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Isiah Leggett, County Executive
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Date
This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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