Communication to the City

Commission

TO: City Commission

COPY:
FROM: Martin Colburn, City Manager
MEMO DATE: January 21, 2021
SUBJECT: Snow Removal

EXECUTIVE SUMMARY:
Attached is a communication from City Planning Director Russell Soyring with a draft
ordinance that would provide timeframes within which property owners must clear snow
from their sidewalks. Mr. Soyring developed this draft ordinance based on other cities
and input from key stafff.

The ordinance is brief and self-explanatory so I will not go into further detail. We would
like to hear from the Commission regarding your thoughts on this ordinance before it is
presented to you for possible formal action.
 Memorandum

TO: Martin A. Colburn, City Manager

COPY:
FROM: Russell Soyring, Planning Director
MEMO DATE: January 18, 2021
Consideration of an amendment to Chapter 668, Section 668.11
SUBJECT: Removal of Snow and Ice; Responsibility; Costs

EXECUTIVE SUMMARY:
For years the City has had an ordinance requiring property owners to clear snow and
ice from public walks adjacent to their properties. One missing provision is the
timeframe of when the snow and ice has to be cleared from the sidewalks. To assist
with enforcement and the issuing of tickets it would be helpful to stipulate a reasonable
time period of when the accumulation of snow and ice on public walks has to be
removed.

Staff has reviewed numerous ordinances from cities from Michigan and beyond with
particular interest in timeframes for removal. Timeframes ranged from 2 hours
(Marquette, MI) to 24 hours (several cities). A few cities also required sidewalks be
treated if they were icy (Northville, MI; Minneapolis, MN)

The draft ordinance stipulates a timeframe of 4 to 24 hours for the removal of snowfall
or ice accumulation which occurs during daylight hours dependent on location. Non-
residential property owners or occupants would have 4 hoursto clear, residential
property owners or occupants would have 24 hours to do the same. If snow or ice falls
during the night, accumulations must be cleared by noon for non-residential areas and
within 24 hours for residential properties.

If the ordinance amendment is passed, clearing of walks in all areas would need to be
at least 5 feet in width. For your information, sidewalks in the residential areas of
Traverse City range in width from 5 to 8 feet (Sixth Street). Public sidewalks in
commercial areas range in width from 5 to 11 feet (downtown East Front Street).

According to the draft ordinance, sidewalks would also need to be maintained in a non-
slippery state and snow remaining on the sidewalk cannot be more than 2 inches in
depth.
To help with the misconception that the City clears the walks, the following statement
has been included in the draft ordinance:

"Property owners are not relieved of their snow removal responsibilities in areas
where snow removal assistance is provided by the Department of Public
Services."
 TRAVERSE CITY CODE OF ORDINANCES

ORDINANCE AMENDMENT NO. ______

Effective date: _______________

TITLE: SNOW REMOVAL ORDINANCE

THE CITY OF TRAVERSE CITY ORDAINS:

That Section 668.11, Removal of snow and ice; responsibility; costs of the Traverse City Code of
Ordinances, be amended to read in its entirety as follows:

668.11 - Removal of snow and ice; responsibility; costs.

(a)  The removal of snow and ice from private property and the sidewalk abutting or crossing
private property shall be the responsibility of the occupant of such private property.
However, if there is no occupant or if the occupant cannot be determined due to multiple
occupancy of the property, then the responsibility shall be the owners of such private
property. The removal of snow and ice from public property and the sidewalk abutting or
crossing such public property shall be the responsibility of the political subdivision or
governmental agency that either owns or occupies the public property.
(b)  No person shall place snow removed from private property or accumulated on private
property upon any public street, alley, sidewalk or other public property. No person shall
conduct or cause to be conducted snow removal operations which remove snow from
commercial, industrial, motel or multifamily residence premises or parking lots and deposit
it upon private property that is zoned for single or two-family residences.
(c)  A person who violates this section is responsible for a civil infraction. In addition to the
standard sanction imposed by these Codified Ordinances, any person whose act or omission
violates this section and results in the City causing work to be done for the removal of snow
and ice shall be liable to the City for the cost of such work, plus an administrative and
overhead charge of ten percent of the cost of such work.
668.11 - Removal of snow, ice, dirt or other debris; responsibility; costs.
(a)   Responsibility of snow, ice, dirt, or any other debris removal from public sidewalks:

1. Private Property. To make public sidewalks safe for pedestrians, the owner or occupant
of the property immediately adjacent to a public sidewalk is responsible for the removal of
any snow, ice, dirt, or any other debris from the public sidewalk within the time herein
required. The owner or occupant of the property shall also remove snow and ice from
walks and ramps that lead to a marked or unmarked crosswalk. However, if there is no
occupant or if the occupant cannot be determined due to multiple occupancy of the
property, then the responsibility shall be the owners of such private property.
2. Public Property. The removal of snow and ice from public property and the sidewalk
abutting or crossing such public property shall be the responsibility of the political
subdivision or governmental agency that either owns or occupies the public property.
(b)   Timeframes for snow and ice removal or treatment.

1. Daylight hours. When any snow or ice shall cease to accumulate during daylight hours,
such snow or ice shall be cleared within the following timeframes:
a. From non-residential sidewalks within four (4) hours after such cessation; and
b. From residential sidewalks within twenty-four (24) hours after such cessation.
2. Nighttime hours. When any snow or ice shall cease to accumulate during nighttime
hours, such snow or ice shall be cleared within the following timeframes:
a. From non-residential sidewalks by noon (12:00 p.m.) of the following sunrise;
and
b. From residential sidewalks within twenty-four (24) hours.
(c)   Criteria for clearing or treating.

1. Snow and ice on sidewalks shall be removed to a minimum width of five (5) feet.
2. Snow on sidewalk shall be cleared to a depth of two (2) inches or less.
3. Snow or ice not removed on the sidewalk shall be maintained in such a state that it does
not become a slip hazard.

(d) Placement of snow, ice, dirt or other debris.

1. No person shall place or cause to be placed snow, ice, dirt or other debris removed from
private property or accumulated on private property upon any public street, alley, sidewalk
or other public property.
2. No person shall conduct or cause to conduct snow removal operations which remove
snow from non-residential or multi-family properties and deposit it upon properties zoned
R-1 (Single Family Dwelling) or R-2 (Two-Family Dwellings).
(e) Failure to clear.
If any occupant or owner shall neglect or fail to clear ice or snow from the sidewalk
adjoining their premises within the time allowed, or otherwise permit ice or snow to
accumulate on such sidewalk, they shall be responsible for a civil infraction and in addition,
the Department of Public Services Director may cause the same to be cleared and the
expense of removal shall become a debt to the City from the occupant or owner of such
premises, and shall be collected as any other debt to the City.
Property owners are not relieved of their snow removal responsibilities in areas where snow
removal assistance is provided by the Department of Public Services.

The effective date of this Ordinance is the ________ day of ______________, 2021.

I hereby certify the above ordinance amendment was

introduced on ____________________, 2021, at a regular
meeting of the City Commission and was enacted on
_______________________, 2021, at a regular meeting of
the City Commission by a vote of Yes: ____ No: ___ at the
Commission Chambers, Governmental Center, 400
Boardman Avenue, Traverse City, Michigan.

_____________________________________________
James Carruthers, Mayor

_____________________________________________
Benjamin C. Marentette, City Clerk

I hereby certify that a notice of adoption of the above

ordinance was published in the Traverse City Record
Eagle, a daily newspaper published in Traverse City,
Michigan, on ___________________________.

_____________________________________________
Benjamin C. Marentette, City Clerk
 TRAVERSE CITY CODE OF ORDINANCES

ORDINANCE AMENDMENT NO. ______

Effective date: _______________

TITLE: SNOW REMOVAL ORDINANCE

THE CITY OF TRAVERSE CITY ORDAINS:

That Section 668.11, Removal of snow and ice; responsibility; costs of the Traverse City Code of
Ordinances, be amended to read in its entirety as follows:

668.11 - Removal of snow and ice; responsibility; costs.

(a)  The removal of snow and ice from private property and the sidewalk abutting or crossing
private property shall be the responsibility of the occupant of such private property.
However, if there is no occupant or if the occupant cannot be determined due to multiple
occupancy of the property, then the responsibility shall be the owners of such private
property. The removal of snow and ice from public property and the sidewalk abutting or
crossing such public property shall be the responsibility of the political subdivision or
governmental agency that either owns or occupies the public property.
(b)  No person shall place snow removed from private property or accumulated on private
property upon any public street, alley, sidewalk or other public property. No person shall
conduct or cause to be conducted snow removal operations which remove snow from
commercial, industrial, motel or multifamily residence premises or parking lots and deposit
it upon private property that is zoned for single or two-family residences.
(c)  A person who violates this section is responsible for a civil infraction. In addition to the
standard sanction imposed by these Codified Ordinances, any person whose act or omission
violates this section and results in the City causing work to be done for the removal of snow
and ice shall be liable to the City for the cost of such work, plus an administrative and
overhead charge of ten percent of the cost of such work.
668.11 - Removal of snow, ice, dirt or other debris; responsibility; costs.
(a)   Responsibility of snow, ice, dirt, or any other debris removal from public sidewalks:

1. Private Property. To make public sidewalks safe for pedestrians, the owner or occupant
of the property immediately adjacent to a public sidewalk is responsible for the removal of
any snow, ice, dirt, or any other debris from the public sidewalk within the time herein
required. The owner or occupant of the property shall also remove snow and ice from
walks and ramps that lead to a marked or unmarked crosswalk. However, if there is no
occupant or if the occupant cannot be determined due to multiple occupancy of the
property, then the responsibility shall be the owners of such private property.
2. Public Property. The removal of snow and ice from public property and the sidewalk
abutting or crossing such public property shall be the responsibility of the political
subdivision or governmental agency that either owns or occupies the public property.
(b)   Timeframes for snow and ice removal or treatment.

1. Daylight hours. When any snow or ice shall cease to accumulate during daylight hours,
such snow or ice shall be cleared within the following timeframes:
a. From non-residential sidewalks within four (4) hours after such cessation; and
b. From residential sidewalks within twenty-four (24) hours after such cessation.
2. Nighttime hours. When any snow or ice shall cease to accumulate during nighttime
hours, such snow or ice shall be cleared within the following timeframes:
a. From non-residential sidewalks by noon (12:00 p.m.) of the following sunrise;
and
b. From residential sidewalks within twenty-four (24) hours.
(c)   Criteria for clearing or treating.

1. Snow and ice on sidewalks shall be removed to a minimum width of five (5) feet.
2. Snow on sidewalk shall be cleared to a depth of two (2) inches or less.
3. Snow or ice not removed on the sidewalk shall be maintained in such a state that it does
not become a slip hazard.

(d) Placement of snow, ice, dirt or other debris.

1. No person shall place or cause to be placed snow, ice, dirt or other debris removed from
private property or accumulated on private property upon any public street, alley, sidewalk
or other public property.
2. No person shall conduct or cause to conduct snow removal operations which remove
snow from non-residential or multi-family properties and deposit it upon properties zoned
R-1 (Single Family Dwelling) or R-2 (Two-Family Dwellings).
(e) Failure to clear.
If any occupant or owner shall neglect or fail to clear ice or snow from the sidewalk
adjoining their premises within the time allowed, or otherwise permit ice or snow to
accumulate on such sidewalk, they shall be responsible for a civil infraction and in addition,
the Department of Public Services Director may cause the same to be cleared and the
expense of removal shall become a debt to the City from the occupant or owner of such
premises, and shall be collected as any other debt to the City.
Property owners are not relieved of their snow removal responsibilities in areas where snow
removal assistance is provided by the Department of Public Services.

The effective date of this Ordinance is the ________ day of ______________, 2021.

I hereby certify the above ordinance amendment was

introduced on ____________________, 2021, at a regular
meeting of the City Commission and was enacted on
_______________________, 2021, at a regular meeting of
the City Commission by a vote of Yes: ____ No: ___ at the
Commission Chambers, Governmental Center, 400
Boardman Avenue, Traverse City, Michigan.

_____________________________________________
James Carruthers, Mayor

_____________________________________________
Benjamin C. Marentette, City Clerk

I hereby certify that a notice of adoption of the above

ordinance was published in the Traverse City Record
Eagle, a daily newspaper published in Traverse City,
Michigan, on ___________________________.

_____________________________________________
Benjamin C. Marentette, City Clerk