Oxford residents and property owners who fail remove snow and ice from their sidewalks could face lower fines under draft ordinance language presented to the village council last week.

The proposed ordinance amendment will return to council for a first reading at its Tuesday, Feb. 12 meeting. Meetings begin at 6:30 p.m.

Under the existing ordinance adopted in September last year, the minimum fine for a first offense is $50. The penalty increases to $150 for a second offense and $500 for additional offenses within any three-month time period.

In the two days following the Nov. 26 snowfall, the village issued 60 tickets, each carrying a $50 fine, to folks who failed to clear their sidewalks in a timely manner. As of Jan. 10, a total of 44 of those tickets had been paid, according to village Manager Joseph Madore.

Subsequent complaints from the public regarding those tickets prompted council to reevaluate the ordinance.

Madore and village attorney Bob Davis initially proposed changing the fine structure to $50 for a first offense, $75 for a second offense and $150 for additional offenses.

But Councilwoman Kate Logan thought those amounts were still exorbitant.

“Fifty dollars is too much for the average person working a job that doesn’t pay more than $15 an hour,” she said.

She suggested lowering the first-offense fine to $25, as that would be more “reasonable.”

The other proposed fines were then reduced to $50 for a second offense and $100 for additional offenses within any three-month time period.

Council is also considering changing the amount of time residents and property owners will be given to clear their sidewalks.

Under the current 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.”

In the draft language from Madore and Davis, snow or ice would have to be removed “by 7 p.m. the following day” after it ceases to fall or accumulate, regardless of whether that happens during the day or at night.

Davis described this change as “pretty significant.”

Councilwoman Maureen Helmuth agreed.

“I want to point out that this is actually a very generous offer because if it stops snowing today . . . you don’t have to clear it until 7 o’clock tomorrow night. And the code enforcement officer isn’t getting to work until 8 o’ clock the next morning,” she said.

Rather than giving violators one warning before they receive a ticket, as was previously discussed by council, Davis said going forward, there’s a plan to mail a written reminder about the ordinance to every resident and property owner at the beginning of each snow season.

“Everybody will get the same warning,” he said.

Village President Joe Frost wants to hold downtown businesses and property owners to a higher standard, meaning their snow and ice would have to be cleared within a shorter time frame than residential properties.

“It’s something that I would like to see in (the ordinance) because ideally, we want to encourage that walkability, especially in our downtown,” he said.

“Don’t the downtown business owners already have incentive (to clear their sidewalks)?” Davis added.

“Not enough,” Helmuth replied.

“It’s good for their business that the (side)walks get shoveled,” Davis said.

But Madore noted that following the Nov. 26 snowfall, there were some downtown properties that had still not cleared their sidewalks the day before the Nov. 30 Soup and Sweet Stroll, which drew at least 927 people, who walked from restaurant to restaurant along Washington St. (M-24).

Davis told council “there is not any legal prohibition” against having a higher standard for downtown properties, there just can’t be a different set of fines. “The fine has to be consistent for violations,” he said.

Frost asked if the village could put a review or appeals process in place so violators who receive tickets can go before council to request a waiver.

“That type of process I would recommend against,” Davis responded.

The attorney said he set up an appeals process for parking issues in another community and it didn’t go well.

“Within one month, we had 17 to 18 hearings (at) every council meeting (involving) people wanting a waiver of a parking violation,” Davis said. “I wouldn’t go that route.”

Frost also inquired as to the legality of the village developing a snow removal program to “assist the most vulnerable in our community,” such as senior citizens and individuals with disabilities and/or health issues.

Davis said the village can make citizens aware of local resources and direct them to churches, scout troops and other entities that could provide volunteers to clear sidewalks.

“We can put people in touch with people,” he said.

But Davis was hesitant when it came to the prospect of the village organizing, operating and managing a sidewalk snow removal program.

“It’s one thing to (promote the) availability of resources, it’s another to become the resource,” the attorney said. “There’s a big liability switch there.”

Davis explained if the village becomes “the snow shoveler,” it’s “taking on a function  that’s going to create a liability” and a workload. “It creates a whole different relationship,” he said.

Logan argued that because residents pay “a higher amount” of property taxes to live in the village, they should receive more services.

“I would like to consider the idea of putting a snow removal program (for seniors and disabled people) into our budget . . . I don’t see why we can’t consider that,” she said.

Davis said he would “have to research that.”

“I’ve seen it done in other municipalities,” Logan noted.

Until the village council approves an amended ordinance, the existing language remains in effect and enforceable.

“If you’re a homeowner or if you rent a home, this is part of your responsibilities – clear your sidewalk,” Helmuth said. “It’s part of the joy of paying taxes, the joy of mowing lawns. It’s part of the joy of owning your home or renting a home.”