A2 City Council considers new snow removal requirements

[Erica]

FYI...  a recommendation of the Pedestrian Safety and Access Taskforce

http://www.mlive.com/news/ann-arbor/index.ssf/2015/03/sidewalk_snow_removal.html

[Barbara Lucas]

Thanks for sending.  A great resource is WBWC's compilation of sidewalk snow removal requirements in various Washtenaw County communities:  http://www.wbwc.org/about/why-wbwc/169-winter-sidewalk-snow-removal-requirements-in-washtenaw-county-.

I included that link at the bottom of the webpage where you can find the public radio show we did on the topic:  http://wemu.org/post/green-room-pedestrian-and-bicycle-access-winter.  

Barbara

Barbara Lucas

The Green Room

www.wemu.org/programs/green-room 

www.ewashtenaw.org/greenroom 

blgree...@gmail.com

#248-974-6942

On Mar 3, 2015, at 10:40 PM, Erica wrote:

FYI...  a recommendation of the Pedestrian Safety and Access Taskforce

http://www.mlive.com/news/ann-arbor/index.ssf/2015/03/sidewalk_snow_removal.html

--
Please note that WBWC google groups is an unmoderated forum. It was developed by the Washtenaw Bicycling and Walking Coalition as a tool for bikers and walkers to discuss key issues and share information. However, all views expressed in this group are not the views or values of WBWC. For more information about WBWC, meetings, and projects, please visit www.wbwc.org
---
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[Jeff Gaynor]

The on-duty managers of both the Hampton Inn and Appleby's on Green Rd., whose adjacent sidewalk is ice and snow covered, both insisted clearing the sidewalk is the city's responsibility.   Sidewalks north and south of this, adjacent to other  businesses, were clear.

I just filed a report with the city, but wonder how common this is - feigned or real ignorance - esp. with businesses where the owner isn't on site.

And another problem with the current 1 inch of snow requirement:  What if there are two or more inches of snow that gets packed down to less than 1 inch of a snow/ice mix?

Kirk Westphal - thanks for voting for the new proposal at the city council mtg. last night.

-Jeff Gaynor

[Vivienne Armentrout]

I'm glad that you filed a report. This may partly be a matter of
education, but they need to have a firm administrative hand applied.

On 3/4/2015 12:18 PM, Jeff Gaynor wrote:
> The on-duty managers of both the Hampton Inn and Appleby's on Green
> Rd., whose adjacent sidewalk is ice and snow covered, both insisted
> clearing the sidewalk is the city's responsibility. Sidewalks north
> and south of this, adjacent to other businesses, were clear.
>
> I just filed a report with the city, but wonder how common this is -
> feigned or real ignorance - esp. with businesses where the owner isn't
> on site.
>
> And another problem with the current 1 inch of snow requirement: What
> if there are two or more inches of snow that gets packed down to less
> than 1 inch of a snow/ice mix?
>

> *Kirk Westphal* - thanks for voting for the new proposal at the city

> council mtg. last night.
>
> -Jeff Gaynor
>
>
>
> On Wed, Mar 4, 2015 at 10:28 AM, Barbara Lucas
> <blgree...@gmail.com <mailto:blgree...@gmail.com>> wrote:
>
> Thanks for sending. A great resource is WBWC's compilation of
> sidewalk snow removal requirements in various Washtenaw County
> communities:
> http://www.wbwc.org/about/why-wbwc/169-winter-sidewalk-snow-removal-requirements-in-washtenaw-county-.
>
>
> I included that link at the bottom of the webpage where you can
> find the public radio show we did on the topic:
> http://wemu.org/post/green-room-pedestrian-and-bicycle-access-winter.
>
> Barbara
>
>
> Barbara Lucas
> The Green Room
> www.wemu.org/programs/green-room

> <http://www.wemu.org/programs/green-room>
> www.ewashtenaw.org/greenroom <http://www.ewashtenaw.org/greenroom>
> blgree...@gmail.com <mailto:blgree...@gmail.com>
> #248-974-6942 <tel:248-974-6942>

>
>
> On Mar 3, 2015, at 10:40 PM, Erica wrote:
>
>>
>> FYI... a recommendation of the Pedestrian Safety and Access
>> Taskforce
>>
>>
>> http://www.mlive.com/news/ann-arbor/index.ssf/2015/03/sidewalk_snow_removal.html
>>
>>
>>
>>
>>
>>
>> --
>> Please note that WBWC google groups is an unmoderated forum. It
>> was developed by the Washtenaw Bicycling and Walking Coalition as
>> a tool for bikers and walkers to discuss key issues and share
>> information. However, all views expressed in this group are not
>> the views or values of WBWC. For more information about WBWC,
>> meetings, and projects, please visit www.wbwc.org

>> <http://www.wbwc.org>

>> ---
>> You received this message because you are subscribed to the
>> Google Groups "Washtenaw Bicycling and Walking Coalition" group.
>> To unsubscribe from this group and stop receiving emails from it,
>> send an email to wbwc+uns...@googlegroups.com

>> <mailto:wbwc+uns...@googlegroups.com>.

>> To post to this group, send email to wb...@googlegroups.com

>> <mailto:wb...@googlegroups.com>.

>> Visit this group at http://groups.google.com/group/wbwc.
>> For more options, visit https://groups.google.com/d/optout.
>
> --
> Please note that WBWC google groups is an unmoderated forum. It
> was developed by the Washtenaw Bicycling and Walking Coalition as
> a tool for bikers and walkers to discuss key issues and share
> information. However, all views expressed in this group are not
> the views or values of WBWC. For more information about WBWC,
> meetings, and projects, please visit www.wbwc.org

> <http://www.wbwc.org>

> ---
> You received this message because you are subscribed to the Google
> Groups "Washtenaw Bicycling and Walking Coalition" group.
> To unsubscribe from this group and stop receiving emails from it,
> send an email to wbwc+uns...@googlegroups.com

> <mailto:wbwc+uns...@googlegroups.com>.

> To post to this group, send email to wb...@googlegroups.com

> <mailto:wb...@googlegroups.com>.

> Visit this group at http://groups.google.com/group/wbwc.
> For more options, visit https://groups.google.com/d/optout.
>
>
> --
> Please note that WBWC google groups is an unmoderated forum. It was
> developed by the Washtenaw Bicycling and Walking Coalition as a tool
> for bikers and walkers to discuss key issues and share information.
> However, all views expressed in this group are not the views or values
> of WBWC. For more information about WBWC, meetings, and projects,
> please visit www.wbwc.org
> ---
> You received this message because you are subscribed to the Google
> Groups "Washtenaw Bicycling and Walking Coalition" group.
> To unsubscribe from this group and stop receiving emails from it, send
> an email to wbwc+uns...@googlegroups.com

> <mailto:wbwc+uns...@googlegroups.com>.

> To post to this group, send email to wb...@googlegroups.com

> <mailto:wb...@googlegroups.com>.

[David Welsh]

I've read the task force's statement to council and the proposed amendments to the ordinance.  I strongly support the need for safe walkways.  I am a WBWC member.  I am keenly aware that many of my fellow citizens including persons with disabilities and children walking to the school just down the street depend on the sidewalk adjacent to my property.  I take pride in maintaining that sidewalk as my civic duty.  I agree with the stated purpose of the changes to the snow removal ordinance.  However, I find the ordinance as proposed overly broad and literally impossible for property owners to comply.  

1.  "Immediately after the accumulation of ice on such sidewalk, walk or ramp, it shall be treated with sand, salt or other substance to prevent it from being slippery..."

"The requirements in this section apply to the accumulation of snow and/or ice from any source, including, but not limited to, precipitation, drifting of snow, and drainage or spilling of water onto the sidewalk, walk or ramp."

The way I read this property owners are liable for treating (not necessarily removing) ANY accumulation IMMEDIATELY after accumulation.  I could be cited if any snowfall, drift or snow falls off a tree onto a sidewalk adjacent to my property while I'm at work, or even while I am at home and didn't actually see the last snowflake fall so I could run out and scoop it up.  I don't see how it is possible for any reasonable person to comply with these requirements.

2.  The 1" requirement has been removed in the proposed ordinance.

Really?  Every home owner is expected to remove every spec of snow that lands on the sidewalk adjacent to his/her property?  Every single snowflake fallen from the sky?  Every clump kicked onto the sidewalk as a child walks down the sidewalk?  Every clump that falls from an overhanging tree?  Every slowflake blown be the smallest gust of wind?  Really?  We are talking about sidewalks here not hallways.  I don't see how it is possible for any reasonable person to comply with these requirements.

Is 1" too much?  I'm not sure.  If so, maybe a different threshold should be considered, but zero doesn't work.

While the proposed ordinance indeed offers more strongly enforceable liability on property owners for clearing sidewalks the above aspects appear to be impossible for the property owner to comply.  

I suggest amending the proposed ordinance as follows:

1.  Strike the section on IMMEDIATE treatment of accumulation

2.  Retain the 1" accumulation requirement as proposed by councilwoman Briere

3.  Enforce the existing ordinance.

On Wed, Mar 4, 2015 at 12:22 PM, Vivienne Armentrout <vnarme...@sbcglobal.net> wrote:

I'm glad that you filed a report.  This may partly be a matter of education, but they need to have a firm administrative hand applied.


On 3/4/2015 12:18 PM, Jeff Gaynor wrote:

The on-duty managers of both the Hampton Inn and Appleby's on Green Rd., whose adjacent sidewalk is ice and snow covered, both insisted clearing the sidewalk is the city's responsibility.   Sidewalks north and south of this, adjacent to other  businesses, were clear.

I just filed a report with the city, but wonder how common this is - feigned or real ignorance - esp. with businesses where the owner isn't on site.

And another problem with the current 1 inch of snow requirement:  What if there are two or more inches of snow that gets packed down to less than 1 inch of a snow/ice mix?

*Kirk Westphal* - thanks for voting for the new proposal at the city council mtg. last night.

-Jeff Gaynor



On Wed, Mar 4, 2015 at 10:28 AM, Barbara Lucas <blgree...@gmail.com <mailto:blgreensource@gmail.com>> wrote:

    Thanks for sending.  A great resource is WBWC's compilation of
    sidewalk snow removal requirements in various Washtenaw County
    communities:
    http://www.wbwc.org/about/why-wbwc/169-winter-sidewalk-snow-removal-requirements-in-washtenaw-county-.


    I included that link at the bottom of the webpage where you can
    find the public radio show we did on the topic:
    http://wemu.org/post/green-room-pedestrian-and-bicycle-access-winter.

    Barbara


    Barbara Lucas
    The Green Room
    www.wemu.org/programs/green-room
    <http://www.wemu.org/programs/green-room>
    www.ewashtenaw.org/greenroom <http://www.ewashtenaw.org/greenroom>

    blgree...@gmail.com <mailto:blgreensource@gmail.com>

    #248-974-6942 <tel:248-974-6942>


    On Mar 3, 2015, at 10:40 PM, Erica wrote:

    FYI...  a recommendation of the Pedestrian Safety and Access
    Taskforce


    http://www.mlive.com/news/ann-arbor/index.ssf/2015/03/sidewalk_snow_removal.html






    --     Please note that WBWC google groups is an unmoderated forum. It
    was developed by the Washtenaw Bicycling and Walking Coalition as
    a tool for bikers and walkers to discuss key issues and share
    information. However, all views expressed in this group are not
    the views or values of WBWC. For more information about WBWC,
    meetings, and projects, please visit www.wbwc.org
    <http://www.wbwc.org>

    ---
    You received this message because you are subscribed to the
    Google Groups "Washtenaw Bicycling and Walking Coalition" group.
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    <mailto:wbwc+unsubscribe@googlegroups.com>.

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    <mailto:wb...@googlegroups.com>.
    Visit this group at http://groups.google.com/group/wbwc.
    For more options, visit https://groups.google.com/d/optout.

    --     Please note that WBWC google groups is an unmoderated forum. It
    was developed by the Washtenaw Bicycling and Walking Coalition as
    a tool for bikers and walkers to discuss key issues and share
    information. However, all views expressed in this group are not
    the views or values of WBWC. For more information about WBWC,
    meetings, and projects, please visit www.wbwc.org
    <http://www.wbwc.org>

    ---
    You received this message because you are subscribed to the Google
    Groups "Washtenaw Bicycling and Walking Coalition" group.
    To unsubscribe from this group and stop receiving emails from it,

    send an email to wbwc+unsubscribe@googlegroups.com
    <mailto:wbwc+unsubscribe@googlegroups.com>.

    To post to this group, send email to wb...@googlegroups.com
    <mailto:wb...@googlegroups.com>.
    Visit this group at http://groups.google.com/group/wbwc.
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--
Please note that WBWC google groups is an unmoderated forum. It was developed by the Washtenaw Bicycling and Walking Coalition as a tool for bikers and walkers to discuss key issues and share information. However, all views expressed in this group are not the views or values of WBWC. For more information about WBWC, meetings, and projects, please visit www.wbwc.org
---
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Visit this group at http://groups.google.com/group/wbwc.
For more options, visit https://groups.google.com/d/optout.

--
Please note that WBWC google groups is an unmoderated forum. It was developed by the Washtenaw Bicycling and Walking Coalition as a tool for bikers and walkers to discuss key issues and share information. However, all views expressed in this group are not the views or values of WBWC. For more information about WBWC, meetings, and projects, please visit www.wbwc.org
--- You received this message because you are subscribed to the Google Groups "Washtenaw Bicycling and Walking Coalition" group.

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--

David Welsh

[Vivienne Armentrout]

You should know that the task force did not actually vote on the final
wording. I was absent from that meeting (snowstorm) but apparently the
task force simply accepted that wording without a vote.

There are many discussion points to be made. But apparently the fine
points as you describe were not debated.

Vivienne Armentrout

> <blgree...@gmail.com <mailto:blgree...@gmail.com>
> <mailto:blgree...@gmail.com

> <mailto:blgree...@gmail.com>>> wrote:
>
> Thanks for sending. A great resource is WBWC's compilation of
> sidewalk snow removal requirements in various Washtenaw County
> communities:
> http://www.wbwc.org/about/why-wbwc/169-winter-sidewalk-snow-removal-requirements-in-washtenaw-county-.
>
>
> I included that link at the bottom of the webpage where
> you can
> find the public radio show we did on the topic:
> http://wemu.org/post/green-room-pedestrian-and-bicycle-access-winter.
>
> Barbara
>
>
> Barbara Lucas
> The Green Room
> www.wemu.org/programs/green-room
> <http://www.wemu.org/programs/green-room>
> <http://www.wemu.org/programs/green-room>
> www.ewashtenaw.org/greenroom
> <http://www.ewashtenaw.org/greenroom>

> <http://www.ewashtenaw.org/greenroom>
> blgree...@gmail.com <mailto:blgree...@gmail.com>

> <mailto:blgree...@gmail.com <mailto:blgree...@gmail.com>>
> #248-974-6942 <tel:248-974-6942> <tel:248-974-6942

> send an email to wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>
> <mailto:wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>>.

> To post to this group, send email to
> wb...@googlegroups.com <mailto:wb...@googlegroups.com>

> <mailto:wb...@googlegroups.com

> <mailto:wb...@googlegroups.com>>.
> Visit this group at http://groups.google.com/group/wbwc.
> For more options, visit
> https://groups.google.com/d/optout.
>
>
> -- Please note that WBWC google groups is an
> unmoderated forum. It
> was developed by the Washtenaw Bicycling and Walking
> Coalition as
> a tool for bikers and walkers to discuss key issues and share
> information. However, all views expressed in this group
> are not
> the views or values of WBWC. For more information about WBWC,
> meetings, and projects, please visit www.wbwc.org
> <http://www.wbwc.org>

> <http://www.wbwc.org>
> ---
> You received this message because you are subscribed to
> the Google
> Groups "Washtenaw Bicycling and Walking Coalition" group.
> To unsubscribe from this group and stop receiving emails
> from it,

> send an email to wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>
> <mailto:wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>>.

> To post to this group, send email to wb...@googlegroups.com
> <mailto:wb...@googlegroups.com>

> <mailto:wb...@googlegroups.com <mailto:wb...@googlegroups.com>>.

> Visit this group at http://groups.google.com/group/wbwc.
> For more options, visit https://groups.google.com/d/optout.
>
>
> --
> Please note that WBWC google groups is an unmoderated forum.
> It was developed by the Washtenaw Bicycling and Walking
> Coalition as a tool for bikers and walkers to discuss key
> issues and share information. However, all views expressed in
> this group are not the views or values of WBWC. For more
> information about WBWC, meetings, and projects, please visit
> www.wbwc.org <http://www.wbwc.org>
> ---
> You received this message because you are subscribed to the
> Google Groups "Washtenaw Bicycling and Walking Coalition" group.
> To unsubscribe from this group and stop receiving emails from

> it, send an email to wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>
> <mailto:wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>>.

> To post to this group, send email to wb...@googlegroups.com

> <mailto:wb...@googlegroups.com> <mailto:wb...@googlegroups.com

> <mailto:wb...@googlegroups.com>>.
> Visit this group at http://groups.google.com/group/wbwc.
> For more options, visit https://groups.google.com/d/optout.
>
>
> --
> Please note that WBWC google groups is an unmoderated forum. It
> was developed by the Washtenaw Bicycling and Walking Coalition as
> a tool for bikers and walkers to discuss key issues and share
> information. However, all views expressed in this group are not
> the views or values of WBWC. For more information about WBWC,
> meetings, and projects, please visit www.wbwc.org
> <http://www.wbwc.org>
> --- You received this message because you are subscribed to the
> Google Groups "Washtenaw Bicycling and Walking Coalition" group.
> To unsubscribe from this group and stop receiving emails from it,

> send an email to wbwc+uns...@googlegroups.com
> <mailto:wbwc%2Bunsu...@googlegroups.com>.

> To post to this group, send email to wb...@googlegroups.com
> <mailto:wb...@googlegroups.com>.
> Visit this group at http://groups.google.com/group/wbwc.
> For more options, visit https://groups.google.com/d/optout.
>
>
>
>
> --

> David Welsh

> --
> Please note that WBWC google groups is an unmoderated forum. It was
> developed by the Washtenaw Bicycling and Walking Coalition as a tool
> for bikers and walkers to discuss key issues and share information.
> However, all views expressed in this group are not the views or values
> of WBWC. For more information about WBWC, meetings, and projects,
> please visit www.wbwc.org
> ---
> You received this message because you are subscribed to the Google
> Groups "Washtenaw Bicycling and Walking Coalition" group.
> To unsubscribe from this group and stop receiving emails from it, send

> an email to wbwc+uns...@googlegroups.com
> <mailto:wbwc+uns...@googlegroups.com>.

[David Welsh]

I just stepped outside.  Not a single resident on my street is fully compliant with the new ordinance.  There is some covering, chunk or flake of snow remaining across the full width of every home.  How about yours?

--

David Welsh

[David Welsh]

That's what I understood and why I have taken the time to respond now before the ordinance is passed.  I thought I'd wait to see what the WBWC community has to say before I share my thoughts with council.

On Wed, Mar 4, 2015 at 9:24 PM, Vivienne Armentrout <vnarme...@sbcglobal.net> wrote:

You should know that the task force did not actually vote on the final wording.  I was absent from that meeting (snowstorm) but apparently the task force simply accepted that wording without a vote.

There are many discussion points to be made.  But apparently the fine points as you describe were not debated.

Vivienne Armentrout


On 3/4/2015 9:18 PM, David Welsh wrote:

I've read the task force's statement to council and the proposed amendments to the ordinance.  I strongly support the need for safe walkways.  I am a WBWC member.  I am keenly aware that many of my fellow citizens including persons with disabilities and children walking to the school just down the street depend on the sidewalk adjacent to my property.  I take pride in maintaining that sidewalk as my civic duty.  I agree with the stated purpose of the changes to the snow removal ordinance.  However, I find the ordinance as proposed overly broad and literally impossible for property owners to comply.

1.  "Immediately after the accumulation of ice on such sidewalk, walk or ramp, it shall be treated with sand, salt or other substance to prevent it from being slippery..."

"The requirements in this section apply to the accumulation of snow and/or ice from any source, including, but not limited to, precipitation, drifting of snow, and drainage or spilling of water onto the sidewalk, walk or ramp."

The way I read this property owners are liable for treating (not necessarily removing) ANY accumulation IMMEDIATELY after accumulation.  I could be cited if any snowfall, drift or snow falls off a tree onto a sidewalk adjacent to my property while I'm at work, or even while I am at home and didn't actually see the last snowflake fall so I could run out and scoop it up.  I don't see how it is possible for any reasonable person to comply with these requirements.

2.  The 1" requirement has been removed in the proposed ordinance.
Really?  Every home owner is expected to remove every spec of snow that lands on the sidewalk adjacent to his/her property?  Every single snowflake fallen from the sky?  Every clump kicked onto the sidewalk as a child walks down the sidewalk?  Every clump that falls from an overhanging tree? Every slowflake blown be the smallest gust of wind?  Really? We are talking about sidewalks here not hallways.  I don't see how it is possible for any reasonable person to comply with these requirements.

Is 1" too much?  I'm not sure.  If so, maybe a different threshold should be considered, but zero doesn't work.

While the proposed ordinance indeed offers more strongly enforceable liability on property owners for clearing sidewalks the above aspects appear to be impossible for the property owner to comply.

I suggest amending the proposed ordinance as follows:
1.  Strike the section on IMMEDIATE treatment of accumulation
2.  Retain the 1" accumulation requirement as proposed by councilwoman Briere
3.  Enforce the existing ordinance.

On Wed, Mar 4, 2015 at 12:22 PM, Vivienne Armentrout <vnarme...@sbcglobal.net <mailto:vnarmentrout@sbcglobal.net>> wrote:

    I'm glad that you filed a report.  This may partly be a matter of
    education, but they need to have a firm administrative hand applied.


    On 3/4/2015 12:18 PM, Jeff Gaynor wrote:

        The on-duty managers of both the Hampton Inn and Appleby's on
        Green Rd., whose adjacent sidewalk is ice and snow covered,
        both insisted clearing the sidewalk is the city's
        responsibility.   Sidewalks north and south of this, adjacent
        to other  businesses, were clear.

        I just filed a report with the city, but wonder how common
        this is - feigned or real ignorance - esp. with businesses
        where the owner isn't on site.

        And another problem with the current 1 inch of snow
        requirement:  What if there are two or more inches of snow
        that gets packed down to less than 1 inch of a snow/ice mix?

        *Kirk Westphal* - thanks for voting for the new proposal at
        the city council mtg. last night.

        -Jeff Gaynor



        On Wed, Mar 4, 2015 at 10:28 AM, Barbara Lucas

        <blgree...@gmail.com <mailto:blgreensource@gmail.com>
        <mailto:blgreensource@gmail.com

        <mailto:blgreensource@gmail.com>>> wrote:

            Thanks for sending.  A great resource is WBWC's compilation of
            sidewalk snow removal requirements in various Washtenaw County
            communities:
        http://www.wbwc.org/about/why-wbwc/169-winter-sidewalk-snow-removal-requirements-in-washtenaw-county-.


            I included that link at the bottom of the webpage where
        you can
            find the public radio show we did on the topic:
        http://wemu.org/post/green-room-pedestrian-and-bicycle-access-winter.

            Barbara


            Barbara Lucas
            The Green Room
        www.wemu.org/programs/green-room
        <http://www.wemu.org/programs/green-room>
            <http://www.wemu.org/programs/green-room>
        www.ewashtenaw.org/greenroom
        <http://www.ewashtenaw.org/greenroom>
        <http://www.ewashtenaw.org/greenroom>

        blgree...@gmail.com <mailto:blgreensource@gmail.com>
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--
David Welsh

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[Vivienne Armentrout]

Note that there is a public hearing at the meeting on 3/16/15. Any
number of people can speak.

I think all of us want the sidewalks to be accessible during snow
times. But there are details in implementation that are worth examining.

> <mailto:vnarme...@sbcglobal.net>
> <mailto:vnarme...@sbcglobal.net

> <mailto:blgree...@gmail.com>

> <mailto:blgree...@gmail.com <mailto:blgree...@gmail.com>>
> <mailto:blgree...@gmail.com
> <mailto:blgree...@gmail.com>
> <mailto:blgree...@gmail.com

> <mailto:blgree...@gmail.com>>>> wrote:
>
> Thanks for sending. A great resource is WBWC's
> compilation of
> sidewalk snow removal requirements in various
> Washtenaw County
> communities:
> http://www.wbwc.org/about/why-wbwc/169-winter-sidewalk-snow-removal-requirements-in-washtenaw-county-.
>
>
> I included that link at the bottom of the webpage
> where
> you can
> find the public radio show we did on the topic:
> http://wemu.org/post/green-room-pedestrian-and-bicycle-access-winter.
>
> Barbara
>
>
> Barbara Lucas
> The Green Room
> www.wemu.org/programs/green-room
> <http://www.wemu.org/programs/green-room>
> <http://www.wemu.org/programs/green-room>
> <http://www.wemu.org/programs/green-room>
> www.ewashtenaw.org/greenroom <http://www.ewashtenaw.org/greenroom>
> <http://www.ewashtenaw.org/greenroom>

> <http://www.ewashtenaw.org/greenroom>
> blgree...@gmail.com <mailto:blgree...@gmail.com>
> <mailto:blgree...@gmail.com <mailto:blgree...@gmail.com>>

> <mailto:blgree...@gmail.com
> <mailto:blgree...@gmail.com>
> <mailto:blgree...@gmail.com <mailto:blgree...@gmail.com>>>

> #248-974-6942 <tel:248-974-6942> <tel:248-974-6942

> <tel:248-974-6942>> <tel:248-974-6942 <tel:248-974-6942>
>
> <tel:248-974-6942 <tel:248-974-6942>>>

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[Ken Clark]

1. Funny that you would emphasize 'immediately' and not 'after', the very next word in the phrase.  No, it does not say the nanosecond that any molecule of ice has appeared on the sidewalk it must be treated or removed.  It says that when the accumulation of ice has stopped, it must be treated.  It does not say that enforcement personnel will be watching your particular sidewalk for the end of the accumulation event and hand you a ticket when you aren't there to treat it.

Consider the speeding law.  It says that it is illegal to travel faster than the posted speed limit.  A similarly extreme interpretation of the speeding law would be that "The way I read this motor vehicle operators will IMMEDIATELY be ticketed for traveling as little as ONE MILLIMETER per hour above the posted speed."

2. I've been searching ordinances for several months now, and out of several dozen ordinances in the snow belt, I've found one besides Ann Arbor with the 1" wording.  Iowa City, Iowa.  All of the others simply say that all snow and ice must be removed within some time-frame.  Most of us would not think of "all snow and ice" as "every single snowflake", but you're welcome to your poetic interpretation. 
- You have 24 hours after the end of the accumulation to clear the snow.
- If you think the enforcement was ridiculous, take it to the judge, they tend to throw out these tickets anyway, under the current ordinance, unless the amount of snow is egregious.
- Every flake that falls afterward.  Well, now we're back to the speed limit example.  If you're traveling down the road and a gust of wind pushes you above the speed limit, you could get a ticket?  Seriously?  Why don't we write the speeding law so that you can go up to 5-10mph over the speed limit to make sure we're only catching *real* speeders?  Because we all know that the staff of five ordinance enforcement officers can be instantaneously in all places in the city the instant that the 24 hour time limit expires, just as the police are simultaneously on every foot of all roadways in the state to cite motorists traveling one millimeter per hour above the posted speed limit.
- You always have the option, which most businesses use, of leaving a thin layer of some salt on your sidewalk, in which case those random flakes hit the salt and melt within the 24-hour time limit.

If you walk around, particularly in a winter like last one, with frequent precipitation events, you'll find lots of examples of miserably uncleared sidewalks.  If you've reported these in the past, like I have for two decades, you'll be shocked that they aren't cleared soon after.  If you talk to ordinance enforcement about why, as I have a half-dozen times, they'll tell you that the way the current ordinance is written, their hands are tied when there's a subsequent snowfall (another wording choice we considered).  You then can consider them liars who just don't want to do their job, or give some thought to the fact that judges regularly throw these tickets out because of ambiguity.  Maybe the judges just hate pedestrians, or maybe we should consider changing our ordinance to what cities like Ypsilanti, Saline, Chelsea, Dexter, Chicago, Grand Rapids, Madison, NYC, (I literally could go on for paragraphs here) use.  Then there's no ambiguity about whether the snow really needs to be cleared, and the questions come down to whether the problem was bad enough for someone to bother to report it, and for ordinance enforcement to come out and do something about it.

Ken Clark

On Wednesday, March 4, 2015 at 9:18:30 PM UTC-5, David Welsh wrote:

I've read the task force's statement to council and the proposed amendments to the ordinance.  I strongly support the need for safe walkways.  I am a WBWC member.  I am keenly aware that many of my fellow citizens including persons with disabilities and children walking to the school just down the street depend on the sidewalk adjacent to my property.  I take pride in maintaining that sidewalk as my civic duty.  I agree with the stated purpose of the changes to the snow removal ordinance.  However, I find the ordinance as proposed overly broad and literally impossible for property owners to comply.  

1.  "Immediately after the accumulation of ice on such sidewalk, walk or ramp, it shall be treated with sand, salt or other substance to prevent it from being slippery..."

"The requirements in this section apply to the accumulation of snow and/or ice from any source, including, but not limited to, precipitation, drifting of snow, and drainage or spilling of water onto the sidewalk, walk or ramp."

The way I read this property owners are liable for treating (not necessarily removing) ANY accumulation IMMEDIATELY after accumulation.  I could be cited if any snowfall, drift or snow falls off a tree onto a sidewalk adjacent to my property while I'm at work, or even while I am at home and didn't actually see the last snowflake fall so I could run out and scoop it up.  I don't see how it is possible for any reasonable person to comply with these requirements.

2.  The 1" requirement has been removed in the proposed ordinance.

Really?  Every home owner is expected to remove every spec of snow that lands on the sidewalk adjacent to his/her property?  Every single snowflake fallen from the sky?  Every clump kicked onto the sidewalk as a child walks down the sidewalk?  Every clump that falls from an overhanging tree?  Every slowflake blown be the smallest gust of wind?  Really?  We are talking about sidewalks here not hallways.  I don't see how it is possible for any reasonable person to comply with these requirements.

Is 1" too much?  I'm not sure.  If so, maybe a different threshold should be considered, but zero doesn't work.

While the proposed ordinance indeed offers more strongly enforceable liability on property owners for clearing sidewalks the above aspects appear to be impossible for the property owner to comply.  

I suggest amending the proposed ordinance as follows:

1.  Strike the section on IMMEDIATE treatment of accumulation

2.  Retain the 1" accumulation requirement as proposed by councilwoman Briere

3.  Enforce the existing ordinance.

--

David Welsh

[James Nieters]

Ken, et al,

Points noted.  Tuesday and Wednesday, it made much better sense to let the freezing rain soak into the 1"+ snow and create a crust that was fairly good for walking, and easy to remove and break up - no salt nor sand needed to be safe, but maybe not so hot for wheeled conveyances.

As usual we (citizens and politicians - I think there is a difference!) need to look at what other cities are ding about this - methinks Eaton Rapids is a good base to start from:

1. Hire from homeless, youth and other groups that have high unemployment   who then work on a complaint driven priority, but once on site survey a whole block.

2. Their dispatcher tries to reach the landlord, business owner or homeowner prior to dispatch, they are dispatched in accordance with the timing set by the ordinance.

3. Onsite they knock on doors and try to again reached by phone. If they are successful in contacting the offender, they give them time to correct the problem - maybe one hour. maybe to the first sunset past the 24 hour point

4. Absent contact, they clear, sand and/or salt the offending path - first time onsite per season (year?) as a courtesy, leaving a hang tag on the door of the offending address.

5. They then survey the block and start clearing other offending paths, using the same process (after reporting the offending address barring contact to the dispatcher

5. Future efforts at same site, results in increasing fees, maybe 50% per 3x and so forth and like the IRS once you have "infracted" you are on the "snow police radar".

6. Fund the program out of fees and adjust fees so that it breaks even.

... Instead a " big stick" that may not get the paths clear, we have process that goads compliance, but in any case gets the paths clear, then and there.

--

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[Jeff Gaynor]

Except that Eaton Rapids has an area of 3.5 sq mi. (A2 = 28.7), and a population of 5,211 (A2 = 117,000+); the scale makes the logistics much less feasible.  And how do you get the workers, practically and legally?    I do wonder if that model does work for Eaton Rapids though.

[Ken Clark]

Since Jim asked.  I spent a few hours this morning cruising Municode and AmLegal and others.  I looked at municipalities near Ann Arbor, and then bigger ones farther away.  I didn't look at all cities, but for the ones I checked, if they had an ordinance at all, I categorized it (Detroit, for example, used to have a requirement, but no longer does.)  Here's what I found:

Municipalities requiring clearing if 1”, 2”, or 4” of snow has fallen (5)

Ann Arbor, MI - if 1” or more has fallen, all snow must be cleared.

Ypsilanti, MI - “must clear from those surfaces all snow, fallen, drifted, or in any other manner accumulated, within 24 hours from the first accumulation of 1 inch or more as measured at the parcel”

Iowa City, Iowa - “The snow ordinance in Iowa City states that the entire width of a public sidewalk must be cleared of a 1 inch or greater snowfall within 24 hours after the snow has stopped.”

Novi, MI - “shall clear all ice and snow from sidewalks adjoining such lot or premises to the front or side (but not to the rear) within the time required in this section. Within forty-eight (48) hours after the end of each accumulation of snow of two (2) inches or more, the owner or occupant of every property shall remove the accumulation from the adjacent public sidewalk and walks and ramps leading to a crosswalk”

Jackson, MI - “shall clear accumulations of ice and snow, constituting a threat to the public safety, from sidewalks adjoining such lot or premises within the time specified herein. Clearing of ice or snow, for purposes of this section, shall be clearing to a minimum of thirty-six (36) inches in width and the entire length of sidewalk adjoining said property.

1. Snow, constituting a threat to the public safety, shall be cleared from all sidewalks in the city within twenty-four (24) hours after cessation of such snowfall.
2. Ice, constituting a threat to the public safety, shall be cleared from all sidewalks in the city immediately upon cessation of the storm producing the ice.
3. For purposes of this section, an accumulation of snow four (4) inches or greater, or any accumulation of ice upon any sidewalk, shall be deemed to be a threat to public safety.”

Municipalities requiring clearing if any snow has fallen (35)

Adrian, MI - “shall clear all ice and snow from sidewalks adjoining such lot or parcel of land within the time required in this subsection When any snow shall fall or drift upon any sidewalk, the owner or occupant of the lot or parcel of land adjacent to such sidewalk shall remove such snow as shall have fallen or accumulated during the nighttime by 12:00 noon, and snow failing or drifting during the day shall be removed before 12:00 noon of the following day. “

Battle Creek, MI - “shall remove such snow or cause the same to be removed within the periods of time herein prescribed. Snow that has accumulated during the night shall be removed before 12:00 noon. Snow that has fallen or drifted during the day shall be removed before 12:00 noon of the following day. “

Bay City, MI - “No person shall allow the accumulation of snow or ice on the sidewalk adjoining any premises owned or occupied by him for a greater length of time than 24 hours after the cessation of any storm of snow or sleet. “

Brighton, MI - “Whenever any snow shall fall or drift on or across any sidewalk, the owner or occupant of the lot, building or other premises adjacent to or abutting upon the sidewalk, shall remove such snow or cause the same to be removed within periods of time herein limited:

(1)  Snow that has accumulated in or during the nighttime shall be removed by 6:00 p.m. of the day thereof;

(2)  Snow falling or drifting during the day shall be removed before 12:00 noon of the following day.”

Buffalo, NY - “shall be the duty of every owner or occupant of any premises abutting any public street to remove, before 9:00 a.m., all snow and ice which may have fallen upon the sidewalk abutting said premises”

Chelsea, MI - “It shall be the duty of the owner or occupant of every parcel of real estate within the city which adjoins a public right-of-way upon which there has been constructed a public sidewalk, to remove any accumulations of ice and snow which obstruct the free use of the sidewalk by pedestrians, within 48 hours after the accumulation of such snow or ice. “

Chicago, IL - “shall remove the snow and ice from the sidewalk in front of such building or lot of ground.”  … “The snow which falls or accumulates during the day (excepting Sundays) before four p.m. shall be removed within three hours after the same has fallen or accumulated. The snow which falls or accumulates on Sunday or after four p.m. and during the night on other days shall be removed before ten a.m.”

Cleveland, OH - “shall clear the whole sidewalk in front of the tenement, building, lot or land, of snow and ice, before 9:00 a.m. of each day”

Dearborn, MI - “No occupant of any premises or owner of premises or property shall fail to keep the sidewalks in front of or adjacent to such premises or property clear of ice and/or snow, so far as to facilitate pedestrian use.”

Dexter, MI - “(a) Businesses and residents shall clear the sidewalks adjoining their property of snow. Failure to clear the sidewalks in a timely manner constitutes a violation of this division.

(b) Owners/residents shall have such sidewalks clear within 48 hours of snow cessation.”

Ferndale, MI - “Whenever any snow shall fall or drift on or across any sidewalk in any street or other public place of this city, the occupant or agent of such occupant having charge of the lot, building or other premises adjacent to or abutting upon said sidewalk, shall remove the said snow or cause the same to be removed within the periods of time herein limited, to wit: Snow that has accumulated in or during the nighttime shall be removed by 12:00 noon; snow falling or drifting during the day shall be removed before noon of the following day. “

Garden City, MI - “shall clean all snow from sidewalks adjoining the lot or parcel of land within 24 hours of the time that snow has accumulated.”

Grand Rapids, MI - “shall clear any accumulation of ice or snow from the public sidewalks adjoining such property within twenty-four (24) hours of the accumulation or placement of snow or ice on said sidewalks.”

Grosse Pointe, MI - “No person shall permit any snow or ice to remain accumulated on sidewalks within the public right-of-way in the front, rear or sides of any business, house, building or lot owned, occupied or controlled by him longer than 24 hours after the same has fallen. “

Kalamazoo, MI - “It shall be unlawful for the owner or occupant of any lot or building within the corporate limits of the City to permit or suffer to remain, on the sidewalk opposite and in front of such lot or building or on any alley adjacent thereto, any snow, ice or rubbish of any kind. “

Lansing, MI - “No person shall permit any snow or ice to remain on any public sidewalk adjacent to any house, building or lot owned or occupied by that person, or on the public sidewalk adjacent to any multifamily dwelling or unoccupied house, building or lot owned by that person, for more than 24 hours after the same has fallen or formed.”

Livonia, MI - “shall clean all ice or snow from sidewalks adjoining such lot or parcel of land within the time herein required. When any snow falls or drifts upon any sidewalk, the owner or occupant of the lot or parcel of land adjacent to the sidewalk shall remove such snow as shall have fallen or accumulated during the nighttime, by twelve noon; snow falling or drifting during the day shall be removed before twelve noon the following day”

Madison, WI - “To make public sidewalks safe for pedestrians, the owner or occupant of property immediately adjacent to a public sidewalk is responsible for the removal of any snow or ice that accumulates on the sidewalk. Residents are required to clear snow from their sidewalk by noon of the day after the snow stopped.”

Manchester, MI - “Except as provided in divisions (B)(3) or (B)(4) below, snow and ice shall be so removed from all residential sidewalks within 24 hours after the cessation of any fall of snow, sleet, or freezing rain.” [(B)(3) refers to treating ice, (B)(4) is a hardship provision.]

Marquette, MI - “shall clear all ice and snow from sidewalks adjoining such lot or premises within the time herein required. When any snow or ice shall cease to fall during the daylight hours, such snow or ice shall be cleared from the sidewalks within two hours after such cessation. When a fall of snow or ice shall have ceased during the nighttime, it shall be cleared from the sidewalks by 10:00 a.m. of the day following.”

Minneapolis, MN - “shall cause the snow and/or ice to be removed from the public sidewalk abutting or adjoining the lot upon which such building is situated, within the first twenty-four (24) hours after the ceasing to fall of any snow, and shall cause sand to be sprinkled on the sidewalk where there is snow or ice upon the sidewalk that cannot be removed.”

New York, NY - “shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon such sidewalk, remove the snow or ice, dirt, or other material from the sidewalk and gutter, the time between nine post meridian and seven ante meridian not being included in the above period of four hours.”

Northville, MI - “Where either snow or ice has fallen or formed on any such sidewalk, such owner, occupant or his agent shall, within 24 hours after the snow or ice has fallen or formed, remove such snow or ice, or cause a sufficient quantity of salt, sand or ashes to be strewn thereon in such a manner as to render the same safe for persons walking thereon”

Petoskey, MI - “shall clear all ice and snow from sidewalks adjoining such lot or parcel of land within the time herein required. When any snow shall fall or drift upon any sidewalk, the owner or occupant of the lot or parcel of land adjacent to such sidewalk, shall remove such snow as shall have fallen or accumulated during the nighttime, by 12:00 noon; snow falling or drifting during the day shall be removed before 12:00 noon of the following day.”

Pittsburgh, PA - “shall, within twenty-four (24) hours after the fall of any snow or sleet, or the accumulation of ice caused by freezing rainfall, cause the same to be removed from the sidewalk.”

Plymouth, MI - “shall, within 24 hours after the same has fallen or formed, remove or cause to be removed any snow or ice which may have fallen”

Pontiac, MI - “shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of such sidewalk as is in front of or abuts on such building or lot or piece of land. Except as provided in subsection (c) of this section, snow and ice shall be so removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.” [(c) refers to treating ice.]

Port Huron, MI - “shall clear all ice and snow from sidewalks adjoining such lot or premises within the time required in this section. When any snow or ice shall cease to fall during the daylight hours, such snow or ice shall be cleared from the sidewalks within 12 hours after such cessation. When a fall of snow or ice shall have ceased during the nighttime, it shall be cleared from the sidewalks by 6:00 p.m. of the day following. “

Rochester, NY - “must keep the sidewalks adjoining such building or lot free and clear from snow and ice and must not suffer or permit snow or ice to collect or remain on such sidewalk later than 9:00 a.m. if such snow shall have fallen or collected after 8:00 p.m. of the previous evening; or later than 8:00 p.m. if such snow shall have fallen and collected after 9:00 a.m.”

Rochester Hills, MI - “a. When any snow or ice shall cease to fall or form during the daylight hours, such snow or ice shall be cleared from the sidewalk within 48 hours after such cessation.

b. When any snow or ice shall cease to fall or form during the nighttime, such snow or ice shall be cleared from the sidewalk within 48 hours after sunrise.”

Saline, MI - “shall remove and clear away, or cause to be removed and cleared away, snow and ice from a path of at least 42 inches in width from so much of the sidewalk as is in front of or abuts on the building or lot of land.” “Except as provided in subsection (b) hereof, snow and ice shall be so removed from all other sidewalks within the city within 24 hours after the cessation of any fall of snow, sleet or freezing rain.” [(b) refers to ice and requires sand/salt, ashes, etc in the same timeframes as above.]

South Lyon, MI - “shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of such sidewalk as is in front of or abuts on said building, lot or piece of land. Except as provided in subsection (2) of this section, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.”

Syracuse, NY - “shall clear and keep cleared any snow or ice which has accumulated on the surface. This clearing of the snow and ice shall be completed by 6 p.m. of the day following the accumulation”

Toledo, OH - “shall clear the walk of snow, ice, dirt, or any other debris within twenty-four hours after such deposit.”

Warren, MI - “Whenever any snow or ice has fallen or accumulated, it shall be cleared within twelve (12) hours after it has fallen or accumulated.”

Westland, MI - “No person shall permit any snow or ice to remain on the sidewalks in the front, rear or sides of any house, premises, building or lot owned or controlled by such person longer than 24 hours after any snow or ice has fallen or formed”

Municipalities with unclear requirements (2)

Cadillac, MI - “The occupant of any premises, or the owner of any unoccupied premises is required to keep the sidewalks in front of or adjacent to such premises cleared, so far as is practicable and reasonable, from snow and ice to facilitate pedestrian use. “

East Lansing, MI - “(c) Snow that accumulates before noon on a sidewalk, as the result of a snowfall, shall be cleared from the sidewalk so as to afford reasonably unimpeded passage by the public by midnight of that date and any snow accumulating after noon on a sidewalk, as a result of a snowfall, shall be cleared to the same extent by midnight of the following day.

(d) Snow that accumulates on a sidewalk as the result of plowing or drifting shall be cleared from the sidewalk so as to afford reasonably unimpeded passage by the public within 24 hours.”