Right now, the weather outside is delightful, but the Oxford Village Council is busy preparing for when it turns frightful.
To that end, council was presented last week with a draft of a proposed snow and ice removal ordinance that would impose drastically stiffer penalties for violators, including fines ranging from $150 to $500 “for each infraction.”
Enacted in 1977, the current ordinance imposes a fine of $15 for violations.
Officials are hoping higher fines will compel folks who own and/or occupy residential and commercial properties to keep adjoining village sidewalks clear and safe for pedestrians during the winter season.
“This is not a money grab . . . You’re trying to get behavior here (that conforms to the ordinance), not money,” explained village attorney Bob Davis, who drafted the language.
Davis is expected to return with revised language for council’s review at its 6:30 p.m. Tuesday, June 26 meeting. In order for the village to enact a new ordinance, it must first conduct a public hearing and two readings prior to adoption by council.
Under the proposed ordinance, whenever 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 current ordinance states whenever snow falls or ice forms on the sidewalk, it must be removed “within 24 hours.”
The proposed language originally set 6 p.m. as the deadline, but some council members took issue with that.
“Many of our residents commute,” said Councilman Joe Frost. “Many of our residents don’t return home until 6 p.m.”
“There’s maybe five other communities in your area that use 6 p.m,” noted Davis.
Davis suggested stretching it to 7 p.m. and council seemed to prefer that.
“I think past 7 o’clock, you’re either shoveling or you’re not gonna,” said Councilwoman Maureen Helmuth.
From a practical standpoint, Councilman Dave Bailey said, “I would guess that if a person who is authorized to enforce (the ordinance) comes out and a guy is out there, shoveling hard, even though it’s after (the deadline), I don’t think he’s going to write him a ticket.”
Davis agreed. “Nothing in here is meant to take away the discretion of (those in the field enforcing the ordinance) . . . we don’t want unreasonableness,” he said.
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” and “each day that a violation continues shall be deemed an additional and distinct violation.”
Repeat offenders would take a big hit in the old 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 $300. For any additional offenses in any three-month time period, the civil fine shall automatically be set at $500.”
“There won’t be any discretion in the issuance of those fines” for repeat offenders, Davis said.
“If you’re a second-offender within a three-month period, boom, this is your fine. If you’re beyond that, this is your fine.”
The proposed ordinance would also empower the village manager to have the 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 end up receiving a civil fine and be obligated to pay the village to have his or her sidewalks cleared.
“They’re not exclusive remedies,” Davis said. “In other words, if we go plow you, it doesn’t relieve you of the fine.”
The township should also have all the roads plowed, the library and schools parking lots, within the same 12-hour cessation time, EVEN ON WEEKENDS. If it fails to do so, then EVERY household can DEDUCT the same FINE amount from their WINTER TAXES!