Chapter 12.35
SNOW AND ICE REMOVAL
Sections:
12.35.030 Authority of public works department – Prohibited deposits.
12.35.050 Emergency snow removal operations.
12.35.060 Removal of vehicles interfering with snow and ice removal.
12.35.080 No mandatory duty of city – Indemnification.
12.35.100 Interpretation – Severability – Errors.
12.35.010 Short title.
This Ordinance No. 473 will be known as the “snow and ice removal ordinance” and will be cited and referred to herein as “this chapter.” [Ord. 473 § 2, 2017].
12.35.020 Definitions.
For purposes of this chapter, the following terms and phrases have the meanings assigned to them below:
“Council” means the Sisters council.
“Emergency vehicle” means a vehicle (a) that is equipped with lights and sirens as required under ORS 820.350 and 820.370, (b) operated by public police, fire, or airport security agencies, (c) designated as an emergency vehicle by a federal agency, and/or (d) designated as an emergency vehicle by the Oregon Director of Transportation.
“Manager” means city’s then city manager or his or her designee.
“Owner” means (a) the person in whose name title to a vehicle is issued, and/or (b) any person who is entitled to possession and use of a vehicle either under a security instrument or a lease agreement.
“Park” or “parking” means the stopping, halting, and/or standing of a vehicle, whether occupied or not, for any purpose other than a purpose provided under ORS 811.560.
“Public media” includes, without limitation, radio, newspaper, city’s website, and/or other available media sources to city.
“Public works department” means city’s public works department.
“Public works director” means city’s then public works director or his or her designee.
“Shoulder” means the portion of a street, paved or unpaved, continuous to the street that is primarily for use by pedestrians, for the accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
“Sidewalk(s)” mean that part of the street right-of-way between the lateral lines of a roadway (curb-lines) and the adjacent property lines (including the curbs and any landscaping) and, as the context requires, any portion of the sidewalk fronting a private real property.
“Snow route(s)” refers to streets designated by the council under SMC 12.35.040 as priority streets for snow removal operations.
“Street(s)” refers to (a) any city street, avenue, and road used by the public for vehicles and/or vehicular traffic as a matter of right, and/or (b) any Deschutes County road which city exercises jurisdiction over as the road authority. “Street(s)” includes the public right-of-way, including, without limitation, the shoulder and/or swales.
“Vehicle” means any device in, upon, or by which any person or property is or may be transported or drawn upon a street and includes vehicles that are propelled or powered by any means. [Ord. 473 § 3, 2017].
12.35.030 Authority of public works department – Prohibited deposits.
(1) Authority. The public works department is responsible for snow and ice removal from streets. Snow removal in alleys and in parking areas is the responsibility of the adjacent property owners or homeowners’ associations. The public works director reserves the right to determine the method of snow and ice removal and the equipment used for such removal, including, without limitation, the use of snowplows, truck plows, graders, front-end loaders, backhoes, snow blowers, salt, cinder, deicers, and/or other necessary equipment and/or materials. The public works director may establish internal department policies for safe and orderly snow and ice removal operations.
(2) Prohibited Deposits. No person will sweep, throw, shovel, push, plow, and/or otherwise deposit any snow and/or ice from private property, sidewalks, and/or driveways onto a street, sidewalk, or other public right-of-way.
(3) Temporary No Parking Areas. When the public works director determines that it is necessary to remove snow from the vehicular traveled portion of a street, or that a street is sufficiently narrowed by excessive snow having been plowed toward the curbing so as to constitute a public hazard impairing the movement of vehicular traffic, the public works director may establish temporary “No Parking” zones on any streets where snow removal operations are necessary. Temporary “No Parking” areas will be marked with appropriate moveable signs not less than four hours prior to the commencement of the snow removal operation, and such streets may be closed off and blocked at all times during such snow removal operations. [Ord. 473 § 4, 2017].
12.35.040 Snow routes.
(1) Council Designation. Council, by resolution and from time to time, may designate certain streets in city as snow routes for snow removal operations and prioritize such streets according to the level of service necessary for each street taking into account factors including, without limitation, traffic volumes, emergency access, public safety, and available equipment. Council’s designation may result in streets that are only plowed as time, resources, and conditions permit.
(2) Parking. Whenever accumulation of snow reaches four inches or more, parking will be prohibited on snow routes, except as allowed under ORS 811.560, as amended. [Ord. 473 § 5, 2017].
12.35.050 Emergency snow removal operations.
(1) Declaration – Termination. Whenever, in the opinion of the manager, severe winter weather conditions pose a substantial threat to public health, safety, or welfare, the manager may declare an emergency snow removal operation. The manager shall cause the declaration of an emergency snow removal operation, and any announcement that the emergency snow operation has been terminated, to be disseminated to the public through any manner reasonably calculated to provide notice to the general public. The declaration will specify the time and date when the emergency snow removal operation will commence, affected locations, and the expected duration. An emergency snow removal operation commenced under this section will remain in full force and effect until (a) such time as snow plowing operations have been declared complete, or (b) such other time designated by the manager. Winter weather conditions are “severe” when such conditions include, without limitation, falling snow, sleet, freezing rain, and/or formation of ice and such conditions impede and/or hinder (a) the safe movement of vehicular traffic over, across, and/or upon any street within city, and/or (b) the safe movement of emergency vehicles over, across, and/or upon any street within city.
(2) Parking. During the period that an emergency snow removal operation is in effect, no person will park any vehicle on any city street, except as allowed under ORS 811.560, as amended. To the extent that any provision in this subsection conflicts with any other city parking regulation, the provisions of this subsection will govern during the period of time in which an emergency snow removal operation is in effect. Nothing in this subsection will be construed to permit parking at any time or place where it is unlawful by any other provision of law. [Ord. 473 § 6, 2017].
12.35.060 Removal of vehicles interfering with snow and ice removal.
(1) Authority to Remove Vehicle. A vehicle parked in violation of this chapter may be removed, or caused to be removed, by the manager. Removal and storage of any vehicle under the provisions of this chapter will not prevent or preclude city from pursuing any and all rights and remedies available to city under applicable law.
(2) Towing of Vehicles and Storage at Owner’s Expense. The manager may remove, or cause to be removed, any vehicle parked in violation of this chapter to a location where the vehicle may be lawfully parked or to a privately owned tow yard. The manager will maintain a record of all vehicles removed including, without limitation, (a) the date and time of removal, (b) the location where the vehicle was removed, (c) the place of storage, and (d) name of towing service and/or company. The costs and expense of removal and storage, including, without limitation, staff time, will be assessed to and paid by the owner of the vehicle.
(3) Notice of Removal. Within 24 hours of the removal of a vehicle pursuant to this chapter, the manager will make reasonable efforts to notify the owner of vehicle removed, and inform the owner of the location where the owner may retake possession of the vehicle. For the purposes of this subsection, a telephone call to, or personal contact with, the owner of such vehicles will be deemed reasonable notification.
(4) Requisites to Retake Possession. Before the owner of any vehicle removed and/or stored pursuant to this chapter will be permitted to retake possession of such vehicle, the owner will perform the following: (a) furnish satisfactory evidence to the manager and/or to the person in charge of the tow yard of the owner’s identity and ownership of the vehicle; (b) pay all charges and expenses for towing, removing, and/or storing such vehicle; and (c) sign a written statement acknowledging delivery of such vehicle. Any charges made or incurred under this provision will not be construed to be a fine, penalty, or forfeiture.
(5) Damage to Vehicle. City will not be liable for any damage to vehicles parked in violation of this chapter or for any damage caused during or by the removal and storage of any vehicle parked in violation of this chapter. [Ord. 473 § 7, 2017].
12.35.070 Penalties.
Any violation of this chapter is punishable by a fine not to exceed $500.00 per violation. City will be entitled to collect from any person violating this chapter city’s attorney fees and other fees, costs, and expenses incurred by city to enforce this chapter. Each violation, and each day that a violation continues, constitutes a separate civil infraction. The remedies available under this chapter are not exclusive of any other remedies available under any applicable federal state, and/or local laws, regulations, and/or ordinances. It is within city’s discretion to seek cumulative remedies for a violation of this chapter. City may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. [Ord. 473 § 8, 2017].
12.35.080 No mandatory duty of city – Indemnification.
(1) No Mandatory Duty of City. Nothing in this chapter is intended to create a mandatory duty on the part of city and/or manager to protect persons or property from a violation of the provisions of this chapter.
(2) Owner Liability and Indemnification. An owner of a vehicle parked in violation of this chapter is liable for, and will defend and indemnify, any individual injured because of such owner’s failure to remove the vehicle as required under this chapter and for any claims, demands, actions, suits, damages, liabilities, costs, and/or expenses of any kind whatsoever, including, without limitation, attorney fees and costs, arising out of or resulting from his, her, and/or its failure to remove the vehicle as required under this chapter. No liability will be imputed to or imposed upon city and/or its officers, employees, and/or agents because of injuries or damages sustained by any person or property by reason of any vehicle parked in a designated snow removal route and/or any failure to remove a vehicle as required under this chapter, and/or city’s removal of a vehicle. [Ord. 473 § 9, 2017].
12.35.090 Signage.
The manager may cause “No Parking” signs and other signage and/or other traffic control devices to be posted giving notice of the regulations provided in this chapter, as necessary or appropriate. The manager may post such signs at locations necessary or appropriate to inform the public that vehicles parked in violation of this chapter may be towed, which sign locations will be determined by city in its sole discretion. No vehicle will be parked upon any street in violation of “No Parking” signs. [Ord. 473 § 10, 2017].
12.35.100 Interpretation – Severability – Errors.
All pronouns contained in this chapter and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting. Any reference to a particular law, rule, regulation, code, or ordinance includes the law, rule, regulation, code, or ordinance as now in force and which may hereafter be amended. The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, and/or portion of this chapter is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (b) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this chapter. This chapter may be corrected by order of the council to cure editorial and/or clerical errors. [Ord. 473 § 11, 2017].