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 forty-eight (48) 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) Pursuant to the authority of Charter Ordinance No. 31, employees of the Planning and Development Services Department shall have the authority to issue notices to appear for violations of this ordinance.
(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 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).
(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