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An Ordinance Amending Section 660.05

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ORDINANCE 2010-18, VILLAGE OF YELLOW SPRINGS, OHIO

AMENDING SECTION 660.05 – DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN, OF CHAPTER 660 – SAFETY, SANITATION AND HEALTH, OF PART SIX- GENERAL OFFENSES CODE OF THE CODIFIED ORDINANCES OF THE VILLAGE OF YELLOW SPRINGS, OHIO.

Interested persons will take note that the Village Council of Yellow Springs on Monday, October 18, 2010, gave first reading to an ordinance, text to follow.

Council will consider said ordinance for second reading and possible passage into law during a public hearing to begin at 7 p.m. Monday, November 1, 2010 in the Bryan Community Center, 100 Dayton Street.

WHEREAS, the Village Council of Yellow Springs has determined that public sidewalks are an integral part of the overall transportation system and network of the Village; and

WHEREAS, the Village Council desires to promote the Village as a “Walkable Community” and as such feels it is important to have a system of public sidewalks that are in a walkable condition and accessable to all residents; and

WHEREAS, the Village Council has discussed the repair of public sidewalks and determined that they want to change the Village’s policy of requiring abutting property owners to keep sidewalks in good condition and instead to treat sidewalks similarly to streets and repair sidewalks as part of the Village’s Capital Improvement Program; and

WHEREAS, Section 660.05 of the Codified Ordinances, in part, requires abutting property owners to keep sidewalks in good condition and needs to be amended to reflect the Village Council change in policy.

NOW, THEREFORE, THE COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1. Existing Section 660.05 Duty to Keep Sidewalks in Repair and Clean of Chapter 660 of the Codified Ordinances is hereby repealed in its entirety.

Section 2. A new Section 660.05 is hereby enacted to read as follows:

660.05: DUTY TO KEEP SIDEWALKS CLEAN AND FREE OF NUISANCES.

(a) No owner or occupant of abutting lands shall fail to remove accumulated snow and ice from sidewalks within 24 hours of the cessation of snow or ice fall, nor fail to keep sidewalks free of any nuisance.

(b) Whoever violates this section is guilty of a minor misdeameanor.

Section 3. This ordinance will be approved and in full force at the earliest time permitted by law.

Judith Hempfling, Council President

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