OPTION A

ORDINANCE NO. 8324

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING SECTION 16-115 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION AND AMENDMENTS THERETO PERTAINING TO REQUIREMENTS FOR THE REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS; ESTABLISHING INSPECTION AND NOTICE AND FINE PROVISIONS GOVERNING SUCH MUNICIPAL OFFENSE.

Section 1.  Chapter 16, Article 1, Section 16-115 of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto, is hereby amended to read as follows:

16-115 REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS.

(a)  It shall be the responsibility of the property owner of record or the occupant of property immediately adjacent to a public sidewalk on public right-of-way to remove from the sidewalk any snow or ice which accumulates on such sidewalk or obstructs such sidewalk within twenty-four (24) hours after the snow ceases to fall or ice forms thereupon, provided that where the ice accumulated is of such character as to make removal thereof impossible, the sprinkling or placement of sand thereon within the time specified for removal in such a manner as to make such sidewalk safe for travel of pedestrians shall be deemed compliance with the provisions of this section. 

(b)  In the case of any property owner of record or occupant refusing or neglecting to comply with the provisions of subsection (a), and after a verified inspection of a public complaint of such non-compliance, inspection personnel of the Department of Neighborhood Resources Planning and Development Services Department shall notify the occupant of violation and if the occupant is not the property owner of record, the Department shall mail a written notice of violation to the property owner of record ordering the prompt removal of the snow or ice.  Failure to remove the snow or ice within five (5) days after notice of violation has been mailed may result in the citation of the property owner of record or occupant pursuant to subsection (c). by a written notice left in a conspicuous location at the property.

(c) Violation of the provisions of this ordinance shall be considered a municipal offense and upon an adjudication of guilty, the violator shall be fined $20.00.  Each day of a continuing violation shall be deemed a separate offense.

Section 2.        Section 16-115 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby repealed, it being the intent that the provisions of this ordinance supersede the repealed Code sections.

Section 3.  Severability.  If any section, clause, sentence or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

Section 4.        This ordinance shall take effect and be in force effective upon its passage and publication once in the official city paper as provided by law.

ADOPTED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS  this  day of , 2008. 

                                                                        PASSED

                                                                        Michael Dever, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

_____________________________________________

Toni Ramirez Wheeler, Director of the Legal Department