Editor's Rant:
Please read the below first...
Shelby, Montana
City Code
9-4-1: KEEPING SIDEWALKS CLEAR:
A. It shall be the duty of the owner of any premises within the limits of the municipality to keep the sidewalk of and abutting his premises clear of more than one inch (1") of snow, any amount of snowpack, any amount of ice, any amount of slush, any amount of mud, and all other threats to safe foot travel and to prevent the accumulation of same.
B. A property owner shall have twenty four (24) hours after a snowstorm ends to clear the sidewalk of snow greater in depth than one inch (1").
C. A property owner shall have twenty four (24) hours after snowpack, ice, slush, mud, or other threats to safe foot travel accumulate to remove the snowpack, ice, slush, mud, or threat.
D. In the event that snow or ice cannot be reasonably removed due to possible damage to the sidewalk or it is otherwise largely impractical to remove, the owner shall put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner shall maintain that condition until weather permits the removal of the snow or ice. (Ord. 794, 3-16-2009)
9-4-2: FAILURE TO COMPLY:
Upon the failure of the owner of any premises to keep the sidewalk abutting his property in compliance with section 9-4-1 of this chapter, the city of Shelby shall have the right to remove such snow, snowpack, ice, slush, mud, and other threats to safe foot travel and assess the cost thereof against the property abutting the sidewalk. (Ord. 794, 3-16-2009)
9-4-3: NO NOTICE REQUIRED:
The city of Shelby is not required to provide any notice to the owner of the premises abutting a sidewalk before it exercises its rights under section 9-4-2 of this chapter. (Ord. 794, 3-16-2009)
9-4-4: PENALTY:
Any owner of any premises within the limits of the municipality who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding twenty five dollars ($25.00) or be imprisoned in the county jail for a period not exceeding two (2) days, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue constitutes a separate offense and shall be punishable as such hereunder. (Ord. 796, 5-18-2009)
Here is the one that does not mention the fines and jail time...
ORDINANCE NO. 794
AN ORDINANCE AMENDING TITLE 9, CHAPTER .04.
OF THE SHELBY MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHELBY, MONTANA:
THAT Title 9, Chapter .04 Removal of Snow and Ice, as found in the Shelby Municipal Code is Amended to read as follows:
9-4-1 KEEPING SIDEWALKS CLEAR:
A. It shall be the duty of the owner of any premises within the limits of the municipality to keep the sidewalk of and abutting his premises clear of more than one inch of snow, any amount of snow pack, any amount of ice, any amount of slush, any amount of mud, and all other threats to safe foot travel and to prevent the accumulation of same.
B. A property owner shall have twenty-four hours after a snow storm ends to clear the sidewalk of snow greater in depth than one inch.
C. A property owner shall have twenty-four hours after snow pack, ice, slush, mud, or other threats to safe foot travel accumulate to remove the snow pack, ice, slush, mud, or threat.
D. In the event that snow or ice cannot be reasonably removed due to possible damage to the sidewalk or it is otherwise largely impractical to remove, the owner shall put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner shall maintain that condition until weather permits the removal of the snow or ice.
9-4-2 FAILURE TO COMPLY: Upon the failure of the owner of any premises to keep the sidewalk abutting his property in compliance with 9-4-2, SMC, the City of Shelby shall have the right to remove such snow, snow pack, ice, slush, mud, and other threats to safe foot travel and assess the cost thereof against the property abutting the sidewalk.
9-4-3 NO NOTICE REQUIRED: The City of Shelby is not required to provide any notice to the owner of the premises abutting a sidewalk before it exercises its rights under 9-4-2, SMC.
READ AND PROVISIONALLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHELBY, MONTANA ON THE FIRST READING ON THE 2ND DAY OF MARCH, 2009.
Larry J. Bonderud, Mayor
ATTEST:
Tammy Pederson, Deputy City Clerk
FINALLY READ AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHELBY, MONTANA ON THE 16TH DAY OF MARCH, 2009.
Larry J. Bonderud, Mayor
ATTEST:
Tammy Pederson, Deputy City Clerk
I, Tammy Pederson, Deputy City Clerk for the City of Shelby, Montana hereby certify that the above Ordinance was posted on March 3, 2009, on the public bulletin boards located at: (1) the Shelby City Hall, (2) the Toole County Courthouse, and (3) Lobby of the Public Safety Building.
Tammy Pederson, Deputy City Clerk
We at NBMC have nothing against this "Snow Ordinance" but, do note that it calls for the removal of all other threats to safe foot travel (In sidewalk areas). Well, here are just some of those "other threats" that must be removed.
Many rock, railroad tie and concrete retaining walls built right on the sidewalk areas.
Dozens of properties have rocks piled and shrubs planted on the sidewalk area. Many others have full size trees growing where the sidewalk should be.
Also, there are dozens of garbage dumpsters sitting on and blocking sidewalks.
These are just a few examples of all the things that defeat the intent of this SMC, safe foot travel. Does it not seem that this code is mute without correcting all of the safe foot travel issues?
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