REVISIONS IN BOLD ADOPTED JUNE 2, 2008
VILLAGE OF BARNEVELD
ORDINANCE NO. 08-06-01
AN ORDINANCE TO AMEND SECTION 8.06 OF THE CODE OF ORDINANCES RELATING TO SNOW REMOVAL
The Village Board of the Village of Barneveld, Iowa County, Wisconsin, do ordain that Section 8.06 of the Municipal Code of the Village of Barneveld is amended to read as follows:
8.06 NOTICE AND REMOVAL OF SNOW FROM SIDEWALKS AND FIRE HYDRANTS. (1)(a) The Clerk shall cause at least one (1) notice to be published in the Barneveld Shopper no later than the end of the first full week of November each year outlining the requirements of this section. This Ordinance shall run from November 15th through April 15th. The owner, occupant or person in charge of each and every building, structure or unoccupied lot in the Village fronting or abutting any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalk shall be cleared of all accumulated snow and/or ice within twenty-four (24) hours from the time the snow ceases to accumulate on said sidewalk. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with material to accelerate melting or prevent slipping. The owner or occupant of any property which abuts a fire hydrant shall refrain from obstructing the hydrant or access to the hydrant in any way, and shall remove all snow from the hydrant and at least four feet around the hydrant within twenty-four (24) hours of a snowfall and keep the hydrant free of snow at all times unless a waiver is approved by the Barneveld-Brigham Fire Chief. Waivers need to be applied for each year by September 1st and will be good from October 1st through September 30th.
(b) If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in (a), the Street Supervisor or the Police Department shall take the following action:
(1) If the Street Supervisor or the Police Department determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed immediately after the delivery of the notice. Said notice may be delivered in person, or by posting on the premises adjoining or fronting upon the sidewalk, or by depositing the notice in the U.S. Mail with proper postage prepaid. If the notice is mailed, delivery is deemed to have occurred on the next day mail is delivered by the U.S. Postal Service. Only one (1) notice per year (year shall run from October 1st through September 30th) shall be sent to said property owner in regards to clearing snow, if repeated failures to remove snow is detected citations will be issued without further notice.
(2) The Street Supervisor or the Police Department shall cause all sidewalks which have not been cleaned or sprinkled in the manner heretofore to be cleaned or sprinkled upon default of the person whose duty it shall be to clean or sprinkle the same, and the cost thereof as set by Resolution, shall be assessed as a special tax against the abutting property, which shall be collected in the same manner as other Village taxes.
(c ) SNOW AND ICE NOT TO ENCROACH. No person shall push, shove or in any way deposit snow or ice onto any public streets, alley, sidewalk or public lands dedicated to public use. Snow shall remain on the property of the owner unless permission has been granted from the property owner that snow is put on. However, snow removed from a sidewalk in front of or abutting a premises may be deposited on a street. Snow from public sidewalks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. No person in clearing snow from driveways, parking lots, filling stations, garage entrances, used car lots or other large area used for business purposes shall pile or distribute snow in the streets or alleys of the Village in such a way so as to narrow the traveled portion of the street block, limit the vision of the motorists at intersections, prevent parking at the curb, or cover or interfere with the use of fire hydrants. The deposit of any snow or ice upon any sidewalk, alley or street of the Village, contrary to the provisions of this Section, is a nuisance; and in addition to the penalty provided for violation of this Section, the Village may summarily remove and transport from the site any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.
(d) ENFORCEMENT. The Street Supervisor or the Police Department is hereby authorized and directed to enforce the provisions of this Section.
(e) CONTINUED VIOLATIONS. Each twenty-four (24) hour period where a violation occurs shall constitute a separate offense under this Section for enforcement purposes. Repeated violation or subsequent additional accumulations of now and /or ice shall not nullify any pending notice issued under this section.
(f) ABATEMENT AFTER NOTICE. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection (b) after receiving a written notice shall result in the Street Supervisor or the Police Department causing the removal of said.
(g) EXPENSE. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the known address of the owner of the parcel or lot and shall be payable within the ten (10) calendar days from the receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by Sec. 66.615(5) Wis. Stats.
(2)(a) SNOW EMERGENCIES. Upon the declaration of a snow or snow removal emergency by the Chief of Police or the Street Supervisor, regulations necessary to make effective the provisions of this section are to be made. This subsection shall supersede all other parking regulations in force or posted on any street and shall require no posting of these emergency snow parking regulations.
When it is necessary to plow streets because the accumulation of snow thereon is causing a hindrance to traffic as constitutes an emergency unless promptly removed as declared, the Chief of Police or his designated subordinate shall, by appropriate public media declare the beginning of an emergency and the application of emergency snow parking regulations, which regulations shall remain in force and effect until lifted by the Chief of Police or his designated subordinate. For the purpose of this subsection, the threat of or the accumulation of snow or ice on any streets or area sufficient for the application of emergency regulations herein shall be any such accumulation of snow or ice which hinders the movement of traffic thereon or that impedes the ability of emergency and public transportation vehicles to travel safely and expeditiously over such streets or areas.
When necessary for the clearing, removal and plowing of snow or ice from any street or for other emergency or special conditions as declared, the Chief of Police or his designated subordinates are hereby authorized to make and carry out regulations and procedures sufficient to effectively cope with such emergency or special conditions to include:
Making temporary regulations directing traffic and regulating parking
Such other and further regulations and restrictions as to traffic and parking as may be designated when necessary.
During such emergency, no person shall remove or cause to have removed snow or ice into or on any public right-of-way without first obtaining written permission from the Village.
Whenever a snow emergency exists as declared herein and any motor vehicle is parked on the street or public parking lot between the hours of 10:00 p.m. and 6:00 a.m. and in violation of this section, it may be removed by or under the direction of the Police or Public Works Department after one such department has attempted to notify the owner to remove such vehicle and it has not been removed. If such motor vehicle is removed by or at the direction of the Village, a reasonable cost of such removal may be charged against the owner thereof. The removal of the car by or under the direction of the Village shall not prevent prosecution under this section.
Snow Emergency Waivers may be considered for hardships that include the elderly, handicapped and households with no driveways. These waivers will be approved by the Streets Supervisor and Police Chief. Waivers need to be applied for each year by September 1st and will be good from October 1st through September 30th. If Waiver is denied, resident may appeal to the Village Board.