7.3. SR 11-18-2019 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearinj November 18, 2019 Zack Carlton,Planning Manager
Item Description Reviewed by
Ordinance Amendment: Nuisance Ordinance Cal Portner, City Administrator
Updates Reviewed by
Action Requested
Adopt,by motion,an ordinance amending certain sections of the city's nuisance ordinance.
Background/Discussion
After the 2018-19 winter, the Council discussed the city's requirements for clearing snow from sidewalks.
The discussion included concerns regarding the city's policy to clear sidewalks from the critical routes
within 48 hours of the snow event,but requiring residents to clear the remaining sidewalks within 24
hours. Council determined that the residents should be held to the same standard set for the city and
directed staff to amend the nuisance section of the ordinance accordingly. The proposed change to Sec.
46-34 (a)(8) is as follows:
(8) Sidewalks that are not kept free of snow and ice during normal business bours in commercial and
industrial.Zoned districts and witbin 24 48 bours after a snon fall witbin residential.Zoned districts.
Additionally,in working with the city attorney to address continued code violations he identified a need
to amend the penalties section of the nuisance ordinance. The language in the ordinance currently
classifies all violations as a misdemeanor,which is incorrect, and recommended adding language to clearly
note that some violations have been determined to be a petty misdemeanor. The proposed change to Sec
46-86 (a) is shown below:
(a) Any violation of tbis section is a misdemeanor, unless determined to be a petty misdemeanor b the he city,
punisbable in accordance witb state law.
Financial Impact
None
Attachments
■ Ordinance Amendment
The Elk River Vision
A avelcoming community avitb revolutionary and spirited resourcefulness, exceptional P U W E H E o s r
service, and community engagement that encourages and inspires prosperity /` UR
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City of
Elk -zii
River
Ordinance 19 -
An Ordinance Amending Chapter 46, Nuisances, of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That� 46-34 (a) (8), Public Nuisances Affecting Peace and Safety, of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(8) Sidewalks that are not kept free of snow and ice during normal business hours in
commercial and industrial zoned districts and within 24 48 hours after a snowfall within
residential zoned districts.
SECTION 2. That � 46-86 (a),Penalties, of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(a) Any violation of this section is a misdemeanor, unless determined to be a petty
misdemeanor by the city,punishable in accordance with state law.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 18th day of November,2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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