Agenda Item 7A
November 15,2016
Introduction
MEMORANDUM
November 10,2016
TO:
FROM:
SUBJECT:
County Council
W'_iY
"
Josh Hamlin,
Le~islative Attome~
Introduction:
Expedited Bill 46-16, Streets and Roads - Snow Removal -
Violations
Expedited Bill 46-16, Streets and Roads - Snow Removal- Violations, sponsored by Lead Sponsor
Councilmember Riemer, is scheduled to be introduced on November 15,2016. A public hearing
is tentatively scheduled for November 29 at 1:30 p.m.
Expedited Bill 46-16 would provide for higher penalties for violations of the 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 § 49-17 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.
A memorandum from the Bill's sponsor is at ©6.
This packet contains:
Expedited Bill 46-16
Legislative Request Report
Councilmember Riemer memo
Circle #
1
5
6
F:\LAW\BILLS\1646 Streets And Roads -Snow Removal - Violations\lntro Memo.Docx
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Expedited Bill No.
...:::!4~6--,1~6
_ _ _ __
Conceming: Streets and Roads - Snow
Removal - Violations
Revised: November 8. 2016 Draft No.
~
Introduced:
November 15. 2016
May 15. 2018
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N~o::<!.n~e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: COWlcilmember Riemer
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 COWlty
By amending
Montgomery COWlty Code
Chapter 49, Streets and Roads
Article I,
In
General
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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ExPEDITED BILL
No. 46-16
1
Sec.
.!.
Section 49-17 is amended as follows:
49-17. Accumulation of snow and ice on property prohibited.
(
a)
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(1 )
In this Section:
CA)
Commercial property
means real property that either:
ill
is not designed for or intended for human
habitation; or
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(ii) contains
units.
~
multi-family dwelling of four or more
@
Residential property
means real property containing
either:
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(ii)
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single family dwelling; or
multifamily dwelling of three or fewer units.
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15
(£}
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 ofthis 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)]Q)
Except as provided in paragraph (4), each owner, tenant,
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or manager is jointly and severally responsible for clearing snow
and ice from the property and complying with Section 31­
26A(d).
[(3)]8:)
The requirements of this Section do not apply to:
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(A) an unpaved walkway;
-2­
(il
.
iIIs\1646 streets and roads -snow removal - violations\bill 3.docx
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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) .
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;
(ii)
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(iii)
was not routinely cleared of snow and Ice after
August 1999; and
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(iv)
[(4)]
ill
is not the primary route for pedestrian access to a
winter recreational facility open to the public.
(A)
An
individual who
lives m a multi-family
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[residential property] dwelling is not responsible for
removmg snow and ice from a common walkway or
parking area.
(B)
A homeowners' association, as that tenn 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.
47
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49
50
*
(g)
Violations.
*
*
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ill
A violation of this Section is:
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®
on or adjacent to residential property, a class C
and
violation~
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streets and roads -snow removal- violations\bill3.docx
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ExPEDITED BILL
No. 46-16
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58­
ill}
on or adjacent to commercial property,
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class A violation.
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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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ill
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.
Approved:
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Nancy Floreen, President, COlUlty Council
Date
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Approved:
Isiah Leggett, COlUlty Executive
Date
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This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe COlUlcil
Date
t?;J
~iIIS\1646
streets and roads -snow removal- violations\bill3.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 46-16
Streets and Roads
-
Snow Removal
-
Violations
DESCRIPTION:
Expedited Bi1l46-16 would make a violation of the County's sidewalk
snow removal law 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.
The current fine structure has little deterrent effect on larger properties,
for whom snow-clearing may be quite expensive.
Create an increased incentive for commercial property owners to
comply with the County's sidewalk snow removal law by increasing
fines for violations.
Department of Transportation
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class C violation (residential) and class A violation (commercial)
F:\LAw\BILLS\I646 Streets And Roads -Snow Removal - Violations\LRR.Docx
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MONTGOM ERY COUNTY COUNCIL
ROCKVILLE, MARYLAND
HANS RIEMER
COUNCILMEMBER AT-LARGE
To:
From:
Date:
Re:
Councilmembers
Hans Riemer
November 8, 2016
Sidewalk Snow Fines: Residential and Commercial
Colleagues, on Tuesday, November 15 I will be introducing a bill that strengthens sidewalk snow
removal legislation by establishing a higher compliance fine on commercial property, by making
commercial property owners subject to a Class A violation (with a fine up to $500) if they are found in
violation of the sidewalk snow clearing law. Residential property owners would remain subject to a Class
C violation (with a fine up to $50).
While a $50 fine seems adequate for residential properties, it has very little, if any, deterrent effect on
commercial property owners. Clearing commercial property can be more expensive, but it is no less
important. The fine needs to be larger to enable code enforcers to more effectively deal with the
problem actors, which are few but have a large impact.
While I still believe our current "light touch" and flexible approach to enforcement is generally the right
way to go, the larger fine will be an effective tool in code enforcement's toolbox. Restoring mobility for
every mode-including motorists, transit, pedestrians, and bicyclists-should be the County's priority
after snow events. This legislation helps us do just that.
I respectfully request your support of the bill.
100 MARYLAND
AVENUE,
6
TH
FLOOR,
2401777-7964
-
TTY 2401777-7914 -
FAX
240/777-7989
-
ROCKVILLE, MARYLAND 20850
COUNCILMEMBER.RIEMER@MONTGOMERYCOUNTYMD.GOV