Chapter 12.24
SNOW REMOVAL
Sections:
12.24.010 Declaration of snow season.
12.24.015 Declaration of snow conditions.
12.24.030 Obstructing snow removal equipment prohibited.
12.24.040 Obstructing travel lane prohibited.
12.24.060 Dumping of snow in travel portion of the public right-of-way prohibited.
12.24.070 Downtown sidewalk snow removal.
12.24.075 Mandatory areas for sidewalk snow removal.
12.24.010 Declaration of snow season.
It is necessary for the health, safety and welfare of the people of Mt. Shasta that City streets and travel portions of public rights-of-way, to the degree that is reasonable and practical, be kept clear of snow, ice, and other obstructions during the snow season which is generally from November through March of each year. (Ord. CCO-06-01, 2006; Ord. 406 § 2, 1982; Ord. 242, 1965)
12.24.015 Declaration of snow conditions.
Whenever snow or ice conditions exist on City streets that require plowing or removal, as determined by the Public Works Director, all provisions of this chapter shall apply. (Ord. CCO-06-01, 2006)
12.24.020 Definitions.
(A) Public Right-of-Way. For the purposes of snow removal, the “public right-of-way” is that area of the street, shoulder and sidewalk that is maintained by and under the control of the City as delineated in the Siskiyou County Assessor’s parcel maps.
(B) “Travel portion of the public right-of-way” means that portion of the public right-of-way intended for use by motor vehicles, cyclists and pedestrians. (Ord. CCO-06-01, 2006; Ord. 406 § 3, 1982; Ord. 242, 1965)
12.24.030 Obstructing snow removal equipment prohibited.
It shall be unlawful for any person to park, abandon, or otherwise leave unattended any vehicle as defined in Cal. Veh. Code § 670 on any public right-of-way at any time or in any manner which will obstruct, hinder, delay, or otherwise interfere with City employees or authorized contractors engaged in snow removal operations or which will leave the vehicle in such a position that it is subject to damage by City snow removal crews or contractors engaged in snow removal operations.
This provision shall not prohibit the stopping of passenger vehicles for periods of time sufficient to load or discharge passengers from such vehicles. When snow conditions no longer exist, parking may be resumed on individual streets where designated parking spaces are marked and have been cleared, such as in the commercial areas, as soon as snow plowing has been completed on the full width of such streets or where snow has been cleared from both sides of the street (travel lanes and parking lanes) and is stored in a berm in the center of the roadway. (Ord. CCO-06-02, 2006; Ord. 406 § 3, 1982; Ord. 242, 1965)
12.24.035 Vehicle removal.
Any vehicle stopped, parked, abandoned, or otherwise left unattended in violation of MSMC 10.44.020 is hereby declared to be an obstruction to the snow removal operations and shall constitute a nuisance. Vehicles in violation of this section will be cited and towed at the vehicle owner’s expense (Authority: Cal. Veh. Code § 22651(l)). The fine for any violation of this section shall be $100.00 as authorized by Chapter 1.03 MSMC, Enforcement of Code.
Any police officer or person authorized by the City to issue citations is hereby authorized to cite and/or remove or cause to be removed any vehicle in violation of this section. (Ord. CCO-06-01, 2006)
12.24.040 Obstructing travel lane prohibited.
The conditions of snow season create narrow travel ways when snow berms become road shoulder obstructions. It is unlawful to park or stand in any roadway in a manner that would restrict the travel of any vehicle. (Ord. CCO-06-01, 2006; Ord. 406 § 5, 1982)
12.24.050 Warning signs.
Signs giving notice of the prohibited or restricted parking of vehicles on designated streets for the purpose of snow removal must be posted in compliance with Cal. Veh. Code § 22510, and as it may be subsequently amended. (Ord. CCO-06-03, 2006; Ord. CCO-06-01, 2006; Ord. 406 § 6, 1982)
12.24.055 Additional signs.
Additional signs, smaller in size but containing substantially the same wording, may be erected at such places within the City as the Public Works Director shall deem appropriate. (Ord. CCO-06-01, 2006)
12.24.060 Dumping of snow in travel portion of the public right-of-way prohibited.
(A) It is unlawful for any person to place, push, blow, plow, shovel, dump or otherwise relocate snow onto any street or travel portion of the public right-of-way, including after the City’s snow removal equipment has plowed the street or right-of-way, for to do so creates an unsafe condition.
(B) Snow removed from private property may not be piled so as to block or cover a fire hydrant, snow pole, street sign, culvert inlets and outlets, or other drainage structures.
(C) At no time shall snow be placed in traffic lanes, or in front of or onto any other private property without the permission of the property owner or resident. Snow shall not be relocated from private property parking lots, driveways, walkways or yards onto City sidewalks for the purpose of continued relocation onto the City travel portion of public rights-of-way unless authorized by the Public Works Director.
(D) Properties bordering a parkway may place sidewalk snow onto the parkway between the sidewalk and adjacent curb.
(E) Sidewalk snow from zero lot line properties, with no frontage or parkway (considered to constitute a special limiting circumstance), may be placed into the street directly adjacent to the curb of that property.
(F) Snow from private property may be relocated onto City rights-of-way immediately adjacent to the property from which it is removed when the following conditions exist:
(1) The property owner or resident has no other available space on his/her own property on which to store or relocate snow;
(2) Snow may be placed on existing shoulder berms created by City plow operations. (Ord. CCO-06-03, 2006; Ord. CCO-06-01, 2006; Ord. 406 § 7, 1982)
12.24.070 Downtown sidewalk snow removal.
MSMC 12.24.070 through 12.24.100 are established to protect and provide for the safety and general welfare of the public using the “downtown shopping” areas where snow is plowed from the street curb to the center of the street, and establish that sidewalk snow removal is a direct benefit to all businesses and properties within the mandatory removal district. (Ord. CCO-06-01, 2006; Ord. 406 § 8, 1982)
12.24.075 Mandatory areas for sidewalk snow removal.
The City Council of the City of Mt. Shasta shall by resolution designate the mandatory sidewalk areas in which the owners or occupants of properties abutting said sidewalk areas shall be responsible for the removal of snow accumulated on said sidewalk, which may be changed as they deem necessary. (Ord. CCO-06-01, 2006)
12.24.080 Times for removal.
The City Council of the City of Mt. Shasta finds that it is necessary to clear snow from the designated mandatory areas established by resolution with City owned equipment at the time the Department of Public Works plows the snow from the street. This procedure will provide a safer and more efficient removal program. Because of vehicle and foot traffic it is necessary for the Department of Public Works to remove the bulk of the accumulated snow from 4:00 a.m. to 6:00 a.m.; the property owner will be responsible for the removal of snow during other periods of time, subject to the provisions of MSMC 12.24.060. (Ord. CCO-06-01, 2006; Ord. 406 § 9, 1982)
12.24.090 Payment of costs.
The cost accumulated by the City for clearing sidewalks of snow in mandatory areas as set forth in MSMC 12.24.070 shall be paid to the City on an annual basis by the property occupant, except for unoccupied property or unimproved property, whereby the owner of the property shall pay the cost to the City. The City Council of the City of Mt. Shasta shall set the amount to be paid by resolution which may be changed from time to time as they deem necessary. (Ord. CCO-06-01, 2006; Ord. CCO-95-04, 1995; Ord. 406 § 10, 1982)
12.24.110 Enforcement.
Repealed by Ord. CCO-20-04. (Ord. CCO-06-01, 2006)
12.24.120 Violation – Penalty.
Repealed by Ord. CCO-20-04. (Ord. CCO-06-01, 2006)
12.24.130 Constitutionality.
If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Council declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid, unconstitutional, or otherwise unenforceable, and in such event the remainder hereof shall be in full force and effect. (Ord. CCO-06-01, 2006)