VERSION B
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, 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 unlawful for the property owner of record or
the occupant of property immediately adjacent to a public sidewalk on
public right-of-way to fail to remove from
the sidewalk, within twenty-four (24) hours of the
cessation of accumulation of snow or ice on the sidewalk, any snow or ice which accumulates
accumulated on such sidewalk or obstructs
obstructing such sidewalk. within twenty-four (24) hours after the snow
ceases to fall or ice forms thereupon, provided that where If the ice has
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 post a notice of violation in a conspicuous location on the
property ordering the prompt removal of the snow or ice. In the case of
property containing a structure, posting a door hanger on a main entrance to the
structure shall be considered a conspicuous posting. The Department shall mail
a written copy of the 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) three (3) 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).
(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 $50.00.
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