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#10-11 passed 5/23/11

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COMMITTEE REVIEW:                                                                  SAFETY COMMITTEE          

INTRODUCED BY:                                                                       COUNCILMEMBER MERCER

INTRODUCED ON:                                                                      APRIL 25, 2011         

DATE OF FIRST READING:                                                           APRIL 25, 2011

DATE OF SECOND READING:                                                       MAY 9, 2011         

DATE OF THIRD READING:                                                          MAY 23, 2011

EMERGENCY CLAUSE:                                                                 YES/NO

TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:         YES/NO

AN ORDINANCE ESTABLISHING THE CONDITIONS OF A SNOW EMERGENCY; NOTICE TO THE GENERAL PUBLIC; AND RESTRICTION OF PARKING

WHEREAS the Village Council recognizes that excessive accumulation of snow constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection; and

WHEREAS snow removal equipment must be utilized in a safe, efficient manner to clear the streets of accumulated snow in a timely manner; and 

WHEREAS restricting parking on the village streets during an excessive snow accumulation event will enable the Sebring Service Department to safely and efficiently remove snow form the village streets.

NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO:

Section 1:        Whenever, during any period of twenty-four hours or less, there is an accumulation of snow of an average depth of three inches or more an emergency is declared to exist in that such an accumulation of snow constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities of the Village.  Such emergency shall continue until an announcement is made by the Municipal Manager that snow removal operations have been completed.   

Section 2:        Whenever such an emergency exists, the Municipal Manager shall announce the emergency by local press and/or radio and such emergency shall become effective at a time designated by the Manager, but not sooner than one hour following the first announcement.  Such announcement shall constitute notice to the general public of the existence of the emergency; provided, however, that the owners and operators shall have full responsibility to determine existing weather conditions and to comply with emergency parking regulations. During the existence of the emergency, no person shall park or cause to be parked, permit to remain parked or abandon or leave unattended any vehicle on any streets.  However, vehicles may be parked for a period of not longer than fifteen minutes for actual loading or unloading of passengers or property; provided that snow removal equipment is not being operated on such street and that no other ordinance restricting parking is violated thereby.

Section 3:        Any motor vehicle parked in violation of this section is hereby declared to be a public nuisance and may be removed from the street and impounded at such place as may be directed by the Municipal Manager at the cost and expense of the owner thereof.

Section 4:        That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council, and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

_____________________________

 JOHN W. SMITH

Mayor/President of Council

 

ATTEST:                                                                     APPROVED AS TO LEGAL FORM:

 

_________________________                                  _________________________

Malea G. Sanor                                                           Andrew L. Zumbar

Clerk of Council                                                          Assistant Solicitor