Chapter 12.20
SNOW REMOVAL
Sections:
12.20.020 Snow removal required.
12.20.030 Snow removal responsibility--Nuisance declaration.
12.20.040 Deposit on private property.
12.20.050 Removal from driveways required.
12.20.060 Fire hydrant proximity.
12.20.070 Removal by town--Cost--Damage to town property.
12.20.090 Alleys to remain open.
12.20.100 Violation--Arbitration.
12.20.010 Definitions.
As used in this chapter, "streets and avenues" shall include the alleys of the town but shall exclude the interior parks of the town (except for the area designated on either side of the center line area of the interior parks bisected as the thoroughfare of the alley). It is the intent of this chapter that the interior parks may be used for the deposit or storage of snow by private property owners. Snow shall be pushed or plowed into the interior parks for storage, then stacked as needed or as required by the arbitration board. (Ord. 198 §1, 1998: Ord. 140 §2, 1989)
12.20.020 Snow removal required.
A. The streets and avenues of the town shall at all times be kept free, clear and clean of all snow, ice, slush and other impediments to safe and convenient public travel. As used in this chapter, "snow" includes ice, slush, mud and other debris occurring as a result of the accumulation of snow.
B. During the months of November, December, January, February and March of each year, the town shall allow snow pack to accumulate up to a depth of six inches on those streets designated by resolution of the town council to permit safe operation and travel of snowmobiles or other over-snow vehicles on said streets.
C. The public streets and avenues of the town shall not be obstructed by snow. This shall apply to the placement or accumulation of snow by man, as with shoveling snow off of a roof, piling snow onto the street with shovel or motorized equipment, or the placement of snow which has accumulated onto a street from private property (for example, as from sliding off of a roof or other portion of a buildings, from trees on private property, or other such placements) in such quantities in the streets as to prevent the ordinary and reasonable use thereof by the public for the intended purpose of the street.
D. It is unlawful for any person to remove snow from his private property and deposit it on a public street or avenue.
E. It is unlawful for any person to move snow from one portion of a street or avenue to another portion of a street or avenue so that it is accumulated in the public right-of-way. (Ord. 171, 1995: Ord. 140 §1, 1989)
12.20.030 Snow removal responsibility--Nuisance declaration.
A. In the event that snow accumulates on a street, whether or not by the intention of the owner or occupant of the property (for example, as when snow slides off of a roof onto the street), it shall be the responsibility of the owner of the property, or the manager or current occupant thereof, from which the snow fell to cause the removal from the street within four hours of its accumulation, or within four hours of reasonable notice thereof.
B. Provided, however, that if in the opinion of the operations manager or the chief of police, the accumulated snow, however accumulated, presents a safety hazard, the owner or occupant of the property from which the snow came may be ordered by the operations manager to immediately remove the snow and abate the safety hazard. The town council declares that such accumulated snow constitutes a public nuisance within the meaning of this code. (Ord. 172 §6, 1995: Ord. 140 §3, 1989)
12.20.040 Deposit on private property.
The town shall not deposit any snow from streets onto private property, unless with the permission of the private property owner concerned. (Ord. 140 §4, 1989)
12.20.050 Removal from driveways required.
A. All persons shall remove snow plowed by the town away from their driveway entrance to accommodate automobile traffic.
B. In the event that on-street parking is required for private property, the snow plowed by the town into the parking lane area needed will not be removed by the town to another location, but must be removed by the property owner or occupant. (Ord. 140 §5, 1989)
12.20.060 Fire hydrant proximity.
At no time shall snow be stacked closer than ten feet to a fire hydrant. (Ord. 140 §6, 1989)
12.20.070 Removal by town--Cost--Damage to town property.
A. In the event that an owner or occupant does not remove obstructions caused by snow in violation of the provisions of this chapter, then in that event the town may cause the removal of the snow in the best practicable manner and shall charge the cost of such snow removal against the owner of the property. The amount billed to the owner shall be due and payable to the town within thirty days of billing.
B. In the event that any person damages town property either by the movement of snow or in the operation of equipment in the removal of snow, or by the sliding or other natural movement of snow from an owner’s property, and the same damages town property in any manner, such person shall be billed by the town for the cost of repair and must pay the cost within thirty days of receipt of billing therefor. This section applies to the damaging to town property such as street paving, curbs and gutters, storm sewers, signs, equipment and any other personal property or fixtures owned by the town or for which the town is responsible for maintenance. (Ord. 140 §6, 1989)
12.20.080 Closure of alleys.
The town council may designate by decision certain alleys of the town that shall be closed to vehicular travel during specified months of the winter or other times of the year. Upon such designation by the town council, private property owners may use the closed alleys for the deposit or storage of snow. (Ord. 198 §2, 1998: Ord. 194 §1, 1997)
12.20.090 Alleys to remain open.
Because alleys are legal rights-of-way for public travel, they shall not be blocked by snow storage or snow removal operations conduct ed by either private property owners or the town unless the town council authorizes closure of a particular alley to vehicular travel in accordance with Section 12.20.080. Authority for emergency closure is delegated to the operations manager under emergency snowfall conditions. Emergency closure will be coordinated with the council by the operations manager. Unless closed under authority of the town council, alleys shall be plowed on either side of the center line wide enough for emergency vehicle travel (to ensure access for emergency vehicles and to allow access to underground utilities of the town). (Ord. 198 §3, 1998)
12.20.100 Violation--Arbitration.
A. Violation of this chapter is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA.
B. An arbitration board will be established under authority of the town council. The arbitration board will have authority to promulgate written snow management rules and regulations and manage their enforcement. The operations manager will coordinate arbitration board rules and regulations for the council, and all arbitration board rules and regulations are subject to council approval. (Ord. 207 §30, 2000; Ord. 198 §§4, 5, 1998)