Ordinance 2017-05: Amend 2008-49 Sidewalk Maintenance and Snow

ORDINANCE NO. 2017-05

 

AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 2008-49 ESTABLISHING POLICIES AND PROCEDURES FOR THE CONSTRUCTION, RECONSTRUCTION, REPAIR, REPLACEMENT, AND MAINTENANCE OF SIDEWALKS, CURBS AND GUTTERS IN THE VILLAGE OF ANTWERP, OHIO; AND DECLARING THE SAME AN EMERGENCY

 

 

WHEREAS, the Council of the Village of Antwerp, Ohio, adopted an Ordinance establishing policies and procedures for the construction, reconstruction, repair, replacement, and maintenance of sidewalks, curbs and gutters in the Village of Antwerp, Ohio, designated as Ordinance No. 2008-49 and passing by a majority vote of the Council of the Village of Antwerp, Ohio, after a third reading, on October 27, 2008; and

 

WHEREAS, the Council, by way of Ordinance 2008-49, established a section, specifically Section 1, providing the duty to keep sidewalks in repair and clean of ice and snow; and

 

WHEREAS, since the passage of Ordinance No. 2008-49, the Council adopted a Comprehensive Plan that encourages improving the walkability of the Village to mitigate traffic, encourage environmental sustainability, safe routes to school and the overall quality of Village life; and

 

WHEREAS, accumulations of snow and ice that make pedestrian use of sidewalks difficult or impassable present risks to the public health, safety and welfare, and constitute a public nuisance; and

 

WHEREAS, the Council of the Village of Antwerp, Ohio, has determined that it is necessary to amend Section 1 of Ordinance No. 2008-49 to update the policy and procedures regarding the keeping of sidewalks in repair and clean from ice and snow in order to better serve the general health, safety, and welfare of the citizens of the Village regarding the removal of snow and ice from Village sidewalks.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

 

Section 1.  Section 1 of Ordinance No. 2008-49 of the Village of Antwerp, Ohio, is amended to read as follows:

 

“Section 1.  Duty to Keep Sidewalks in Repair and Clean of Ice and Snow.

 

(a)                The owner, occupant or person having the care of any building or lot of land bordering on any street with graded or paved sidewalk shall remove and clean away all snow in excess of two (2) inches within twenty-four (24) hours after the snow ceases to fall.  This provision shall include snow or ice falling from any building.

 

Whenever such sidewalk or any part thereof becomes encumbered with ice, the owner, occupant or person in control shall cause such sidewalk to be made safe by removing such ice or sprinkling the same with sand or other suitable substance within twenty-four (24) hours.

 

(b)               It shall be the duty of every owner of any lot or parcel of land situated within the corporate limits of the Village to keep and maintain sidewalks now or hereafter constructed along all streets adjoining such land in good order and free from nuisance.

 

(c)                Depositing snow and ice onto public property including streets and sidewalks is prohibited.

 

(d)               Whoever violates this section is guilty of a minor misdemeanor.”

 

Section 2.  Previous Ordinances and/or any portions thereof, including Section 1 of Ordinance No. 2008-49 and Ordinance No. 2011-10, and rules of the Village of Antwerp that are not consistent with this Ordinance are hereby set aside, revoked and held for naught.

 

Section 3.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of § 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure for the preservation of the public health, safety and welfare of the citizens of the Village of Antwerp regarding the removal of snow and ice from Village sidewalks.  This Ordinance shall take effect and be in force immediately upon its passage and approval, otherwise it shall take effect and be in force from and after the earliest period allowed by law.

 

Enacted this _____ day of ______________, 2017.

 

 

________________________________________

Ray DeLong, Mayor of the Village of Antwerp

Attest:

 

__________________________________

Aimee Lichty, Fiscal Officer

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