Simple math says a proposed snow/ice removal ordinance was approved by the Oxford Village Council last week, but in government, things aren’t always simple.
Council voted 2-1 to adopt new ordinance language that imposes drastically stiffer penalties for not clearing snow and ice from village sidewalks in a timely manner.
Voting for the ordinance were village President Sue Bossardet and Councilman Erik Dolan. Voting against it was Councilman Dave Bailey. Council members Maureen Helmuth and Joe Frost were absent.
During the meeting, the question was raised as to whether an ordinance could be approved by only two of the five council members. Village attorney Bob Davis, who did not attend the meeting, later said no.
“I know for sure that when you’re passing an ordinance, you want to pass it with a majority of the (council) seats, not the majority of the (council members) there,” he told this reporter. “There’s other general business things that you can get done with a majority of the (council members) at the meeting, but not the passing of an ordinance.”
“I would never want an ordinance to pass with just two people (voting for it),” Davis noted.
Council is expected to revisit the issue at its next regular meeting, which is Tuesday, Aug. 28 at 6:30 p.m.
The new language is designed to repeal and replace the existing ordinance enacted in 1977. Officials been discussing and working on this proposed ordinance change since February.
Bailey voted against the ordinance because he was “not entirely satisfied” with the fine amounts. To him, they’re “a little bit on the heavy side.”
Individuals who violate the proposed ordinance would face civil fines of “not less than $150 or more than $500, plus costs and other sanctions, for each infraction. Each day that a violation continues shall be deemed an additional and distinct violation,” the language states. Repeat offenders would take a big hit in the wallet under the proposed ordinance.
It states, “For a second offense in any three-month time period, the civil fine shall automatically be set at $200. For any additional offenses in any three-month time period, the civil fine shall automatically be set at $500.”
Officials are hoping higher fines will compel folks who own and/or occupy residential and commercial properties to keep adjoining sidewalks clear and safe for pedestrians.
The existing 41-year-old ordinance imposes a fine of $15 for violations. Failure to pay the fine is punishable by a fine not to exceed $100 and the cost of prosecution.
Based on his experience, Dolan said the new fine amounts are “consistent with other municipalities.”
In his opinion, higher fines will “encourage” individuals to take “personal responsibility” for their properties by making the adjoining sidewalks safe for pedestrians.
Dolan said it’s “critically important” for council to be “proactive” when it comes to ensuring the community has “a safe and pedestrian-friendly downtown” as well as passable sidewalks in residential areas.
“I concur with everything Mr. Dolan has said,” Bailey noted. “I’m only looking at the numbers. That’s all.”
Under the new ordinance, whenever “naturally-falling” snow or ice ceases to “fall or accumulate during daylight hours,” it must be “removed from the sidewalks within 12 hours after the cessation.”
If the snow or ice ceases to “fall or accumulate during the nighttime,” it must be “removed from the sidewalks by 7 p.m. the following day.”
Oxford’s existing ordinance states whenever snow falls or ice forms on the sidewalk, it must be removed “within 24 hours.”
In addition to fines, the proposed ordinance would empower the village manager to have snow or ice removed from a violator’s sidewalk and charge the owner or occupant for the work, “plus 15 percent for inspection and related costs.”
Conceivably, a violator could receive a civil fine and be obligated to pay the village to have his or her sidewalks cleared.
Under the proposed ordinance, the moving of snow or ice “into a roadway” or “within 3 feet of any fire hydrant” would be prohibited.
The proposed ordinance also prohibits moving and depositing snow “onto the shoulder of any roadway or any alley in a manner which obstructs the safety vision of the driver of a motor vehicle.”
“Safety vision” is defined in the proposed ordinance language as the “unobstructed line of sight which enables a driver of a motor vehicle to travel on, enter on or exit a roadway in a safe manner.”