The City of Chariton encourages residents to know the city code on snow removal on sidewalks and proper parking during the winter months. We understand that parking maybe limited in areas of the community, but the sooner our city street department is out to clear the street areas, the faster we can have clear parking spaces for vehicles.
The following ordinance is in place for the City of Chariton, which requires no parking on city streets if one or more inches of snow is predicted by the National Weather Services.
City Chariton Snow Removal City Code for Parking on City Streets.
10.08.020 Snow removal provisions.
(a) Between the hours of 6:00 p.m. and 7:00 a.m., no person shall park, abandon or leave unattended any vehicle on any public street, alley or parking areas in the public right-of-way of a street during any snow emergency parking ban unless the snow has been removed or plowed from the street, alley or parking areas in the public right-of-way and immediately adjacent to the traveled portion of a street and the snow has ceased to fall. A snow emergency parking ban shall begin when the National Weather Service predicts that one or more inches of snow or ice will fall in the Chariton area or one or more inches of snow or ice has fallen in the Chariton area and shall continue through the duration of the snow or ice storm and the forty-eight hour period after cessation of the storm, except as above provided upon streets which have been fully opened.
(b) Such a ban shall be uniform application and the chief of police is directed to widely publicize the requirements, using all available news media in early November of each year. When predictions or occurrences indicate the need, the police chief shall proclaim a snow emergency and shall publicize the proclamation and the parking rules thereunder. Such emergency shall be extended or shortened when conditions warrant.
(c) The city police shall have the right to remove any vehicles standing or parked on the streets of the city in violation of this section. The vehicles may be hauled or removed to a place not interfering with snow removal, and the owners or operators of any vehicles so removed shall be issued a citation, summons or ticket by the city police for the violation of this section and the fine assessed shall include the cost of removal of any such vehicle.
(d) If any owner or operator of any vehicle fails to remove his vehicle or vehicles from the city streets as provided by this section, he shall be guilty of a simple misdemeanor.
(e) Notwithstanding the foregoing, permit parking shall be allowed where marked by the holder of a valid permit at the locations of 125 North Main Street and 929—931 Braden Avenue. Any owner or operator of a motor vehicle who parks at any marked permitted locations without a valid permit during the period of snow period removal set forth herein, shall be subject to the provisions of Subsection 10.08.020(c) above.
(Ord. 562 § 2, 1986)
(Ord. No. 910, § 2, 2-4-2019; Ord. No. 911, § 2, 3-18-2019; Ord. No. 929, § 2, 1-3-2022)
Clearing of Sidewalks During Winter Weather
The City of Chariton does have an ordinance on clearing of sidewalks during winter months. It's a public safety issue to have sidewalks cleared during the winter for those that do walk in the community. As stated in Chapter 9.12.400 of the Chariton City Code, snow should be removed from sidewalks within 48 hours of a snow event.
9.12.400 Removal of snow and ice from sidewalks.
(a) Intent of Section. It is the intent of this section to provide for certain procedures relative to removal of snow and ice from sidewalks and for certain penalties for failure to act hereunder.
(b) Enforcement of Section. The city manager or his or her designated representative or any police officer shall enforce the provisions of this section.
(c) Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this section, have the meanings in this subsection.
(1) "Person" means and includes an individual or group or association of individuals; a firm or any member thereof; a corporation, or any executive officer, manager, person in charge or employee thereof; and the use of a pronoun specifying one gender shall include both genders.
(2) "Property owner" means the record title holder or the contract purchaser, if any.
(3) "Snow season" means the period beginning October 15 and ending April 15th.
(d) Obligation of Property Owner. The owner of any property abutting a public sidewalk shall remove snow, ice and accumulations from sidewalks within a reasonable time but in no case more than forty-eight hours following the cessation of the weather event by which they were deposited; provided, however, that in extraordinary weather circumstances the city manager or his or her designated representative may extend the period of time provided in this section for removal under this subsection.
In those extraordinary weather situations, the city manager or his or her designated representative will deliver to representative news media a statement indicating the amount of additional time the property owners shall have to remove snow, ice and accumulations from sidewalks. If snow, ice or accumulations are not removed as required above, including in any extraordinary weather circumstances, the time designated by the city manager or his or her designated representative any police officer is authorized to issue a civil citation, pursuant to paragraph 364.22(4) of the Code of Iowa, indicating said property owner is in violation of this subsection and is subject to the penalties provided for in subsection (g) of this section.
(e) Treatment of Unremovable Ice. When ice has formed upon any sidewalk so that it cannot be reasonable removed, the abutting property owner shall within a reasonable time keep such ice sprinkled with fine cinders, sand or deicing chemicals in such manner as to provide traction and prevent the sidewalk from being dangerous to persons using the same. Nothing in this subsection shall be construed to be a substitute for the removal of ice and accumulations, as required in subsection (d) of this section.
This subsection shall only apply when ice cannot be reasonably removed. However, all accumulations of ice shall be removed as soon as practical. The city manager or his or her designated representative or any police officer is authorized to issue a civil citation pursuant to paragraph 364.22(4) of the Code of Iowa to anyone violating this subsection indicating said person is in violation of this subsection and is subject to the penalties provided for in subsection (g) of this section.
(f) Deposit on Public Property. No person shall remove, or cause to be removed, snow, ice and accumulations from private premises (including sidewalks and driveways located within the public right-of-way) and deposit the same or cause the same to be deposited upon any public square or common within the city or upon any public right- of-way, street, avenue, or alley if deposited in a manner which constitutes a hazard to pedestrians or vehicles. The city manager or his or her representative or any police officer is authorized to issue a civil citation pursuant to Section 364.22(4) of the Code of Iowa to anyone violating this subsection indicating said person is in violation of this subsection and is subject to the penalties provided for in subsection (g) of this section.
(g) Violations. Violations of subsections (d) through (f) of this section shall be a municipal infraction punishable by a civil penalty of twenty-five dollars for each such violation.
(h) Alternative Relief. In any proceeding seeking a civil penalty for violations of the provisions of this section the city manager or his or her designated representative may seek additional alternative relief appropriate to the condition to be abated.
(i) Removal by the City of Chariton. Whenever snow or ice, or accumulations of snow and ice, shall have remained on any sidewalk in violation of subsection (d) of this section the city may cause such snow, ice or accumulations to be removed.
(j) Right to Assess. When the city removes snow and ice accumulations under subsections of this section, the city may assess the actual cost of removing such snow from the abutting property owners' Title 9 PUBLIC PEACE, MORALS AND SAFETY Chariton, Iowa, Code of Ordinances Page 19 sidewalks under subsections (i) and (j) of this section, in addition to taking any other action provided for in this section.
(k) Assessment of Costs. The actual cost of removing snow and ice accumulations from abutting property from the sidewalks shall be paid by the owner of the property abutting thereon and shall be assessed against such property.
(l) Schedule of Assessments. Whenever any snow or ice, or accumulations of snow and ice, have been removed from any sidewalks by the city as provided in this section, and the right to assess provided for in subsection (j) of this section is invoked, the city shall cause to be prepared a schedule giving the name of the owner, so far as known, a description of the property, the date when the work was done, and the amount charged to each lot, and for what work and materials the charge was made. The schedule shall include all work done under the provisions of this section for the twelve-month period ending on the fifteenth day of April of each year. As soon thereafter as practicable the schedule shall be filed with the city clerk.
(m) Notice to Property Owners to File Objections—Form and Substance of Notice of Assessment. Upon filing the schedule of assessments for snow and ice removal with the city clerk, the city council shall by resolution set a date as the last date for filing written objections to the schedule of assessments. The city clerk shall thereupon publish a notice in a newspaper of general circulation in the city. This notice shall be published at least twenty days prior to the last day for filing written objections to the schedule of assessments. It shall be in form and substance as follows:
"NOTICE OF ASSESSMENT FOR REMOVAL OF SNOW AND ICE TO:"
The owners of the following described real estate situated in the City of Chariton, Lucas County, Iowa: (give legal description of real estate) YOU AND EACH OF YOU ARE HEREBY NOTIFIED that a schedule has been prepared and is now on file in the office of the City Clerk of the City of Chariton, Iowa, showing assessments for the cost of removing snow and ice and accumulations thereof from sidewalks in front of the above described real estate for the twelve months period ending April 15, 19___, and that said schedule shows the description of the said real estate to be assessed, the names of the owners thereof so far as known, the amount to be assessed to each parcel or lot or part thereof, and for what the assessments are made.
YOU ARE FURTHER NOTIFIED that any and all objections which you, or any of you, have to the said schedule of assessments, or any part thereof, must be filed in writing in the office of the City Clerk of the City of Chariton, Iowa, on or before _______, ___, otherwise any objections to the said schedule will be considered as waived. YOU ARE FURTHER NOTIFIED that thereafter and at a meeting of the City Council to be held at or before the first regular meeting of the City Council in June, ___, the City Council will adopt and approve final schedule of assessments and cause such to be certified to the County Auditor for collection as provided by law and ordinance. CITY OF CHARITON, IOWA, By _____ City Clerk"
(n) Adoption of Assessment Schedule. The city council shall consider all objections to the schedule of assessments for the removal of snow and ice from sidewalks, duly filed, and shall by resolution at or before the first regular meeting in June finally approve a schedule of assessments.
(o) Certification for Collection. Upon adoption by the city council the schedule of assessments for the removal of snow and ice from sidewalks and the resolution approving such shall be certified by the city clerk to the county auditor for collection in the manner provided by law.
(p) Allocation of Cost. The cost of removing snow, ice or accumulation from sidewalks shall be paid from the proper fund and when collected shall be credited to that fund.
(Ord. 625 § 2, 1991)
