South Lake Tahoe Municipal Code Art. IV Seasonal Restrictions – Streets And Sidewalks

The purpose of this article is to establish regulations which will provide for the most efficient and expedient removal of snow from city rights-of-way in order to protect the health, safety and welfare of the community as a whole.

Vehicles that are parked on or in the right-of-way of city streets during the process of snow removal by the city cause an obstruction and impediment to such operation of snow removal resulting in delays and inconvenience to the citizens of South Lake Tahoe.

It is therefore necessary for the health, safety, and welfare of the people of the city of South Lake Tahoe that city streets and street rights-of-way be kept clear of snow and other obstructions during the snow season, which is defined as from November 1st through April 30th of each year, or when snow removal conditions exist.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-38)

As used throughout this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

Generally.

Whenever any words or phrases used in this article are not defined in this section, but are defined in the California Vehicle Code, such definitions shall apply.

B.

"Right-of-way"

shall mean that area of the street and shoulder that is maintained by and under the control of the city as defined in the El Dorado County assessor's parcel maps.

C.

"Shoulder"

shall mean that portion of the unpaved area of the street right-of-way abutting private property.

D.

"Sidewalk"

shall mean something that is next to, or a part of, a street or highway and set apart for the use of pedestrians who have a preferential right to the use thereof.

E.

"Snow event"

shall mean that period of time during which snow continuously falls and accumulates on surfaces including sidewalks and walkways.

F.

"Snow removal operations"

shall mean the removal and/or reduction of accumulated snow, ice, or slush by city street maintenance personnel or authorized contractors from the street right-of-way.

G.

"Snow season"

shall mean each day of the year between November 1st and April 30th of each year.

H.

"Snow storage area"

shall mean a storage or disposal site on public property and/or private property, used to store large piles, mounds or a collection of snow which have accumulated from roadways and/or side streets of the city.

I.

"Street"

shall mean any street, avenue, highway or other public way in the city, and shall include the entire right-of-way thereof.

J.

"Walkway"

shall mean something that is next to, or a part of, a street or highway and set apart for the use of pedestrians who have a preferential right to the use thereof.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-39)

It shall be unlawful for any person to park, abandon, or otherwise leave unattended any vehicle or trailer, as defined in Section 670 of the California Vehicle Code, on any city right-of-way at any time or in any manner which will obstruct or hinder any city employee or city contractor during the snow season or which will leave any vehicle in such a position that it is subject to damage by city employees or city contractors engaged in snow removal operations. This provision shall not prohibit the stopping of passenger vehicles for periods of time sufficient to load or discharge passengers from such vehicles. Owners of vehicles parked in violation of this article shall be subject to citation or towing. Owners of vehicles parked in violation of this article shall also be held liable for any damage to snow removal equipment which may occur due to contact with said vehicle. The city of South Lake Tahoe shall not be liable for damage to any vehicles or property parked in violation of this article. Snow removal operations shall be deemed completed at such time as the full width of the street right-of-way has been restored.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-40)

Notwithstanding the other provisions of this article, the community services director or his/her designee may issue a permit or enter into a written agreement to allow on-street parking on certain streets at certain times within the city subject to conditions established by the community services director or his/her designee.

Where snow removal operations no longer exist, parking may be resumed on individual streets where designated parking spaces are marked and have been cleared as soon as snow plowing has been completed on the full width of the street right-of-way, except that no overnight parking shall be allowed within 50 feet of snow storage areas.

(Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-40.1)

It shall be the responsibility of residents, property owners, occupants, and/or their agents for snow removal of any berm across any encroachment, including but not limited to driveways, sidewalks, parking lots and other uses for ingress or egress areas used to access the property, pursuant to SLTCC § 7.05.230(C).

(Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-40.2)

Any vehicle which is found to be stopped, parked, abandoned or otherwise left unattended in violation of SLTCC § 7.05.420 is hereby declared to be an obstruction to the snow removal operations and is an infraction punishable by a fine which shall be set forth in a duly adopted resolution of the city council. Such violation is hereby declared to be an obstruction of the public streets which shall constitute a nuisance, which may be abated in accordance with SLTCC § 7.05.460.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-41)

In the event any vehicle is stopped, parked, abandoned or left unattended in violation of SLTCC § 7.05.420 and § 7.05.450, any police officer or other city employee granted authority to issue citations pursuant to SLTCC § 1.10.010 is hereby authorized to remove or cause to be removed any such vehicle and to have such vehicle towed or otherwise removed to any public or private garage or parking area and to have such vehicle stored in such garage or parking area at the owner's expense until claimed by the owner.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-42)

Signs giving notice of the provisions of this article shall be erected at each entrance to the city. Such signs shall be of not less than 17 inches by 22 inches in size, and shall be worded substantially as follows:

No vehicle shall be removed pursuant to the provisions of this article unless the signs required by this section have been erected at least 24 hours prior to such removal.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-43)

Additional signs, smaller in size but containing substantially the same wording, may be erected at such places within the city as the public works director or his/her designee shall deem appropriate.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-44)

It shall be unlawful for any person to move or remove any snow from any portion of the right-of-way of any street or to apply abrasives or deicers to any street without first having obtained a permit therefor from the director of public works or his/her designee, except in the following cases:

A. The removal of snow from directly in front of a private driveway or walkway for purposes of ingress and egress from the driveway or walkway to the cleared portion of the street.

B. The removal of snow by city employees or by contractors employed by the city.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-45)

Snow may not be dumped, deposited, placed, or pushed into a city street. Snow removed from private property may not be piled so as to block or cover a fire hydrant, snow pole, street sign, culvert inlets and outlets, or other drainage structures. Violations of this section shall be deemed an infraction, punishable by a fine.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-46)

No person may place, push, blow, dump or otherwise relocate snow onto any city property including open ditches, infiltration systems and/or retention basins without a permit from the director of public works or his/her designee. Violation of this section shall be deemed an infraction, punishable by a fine.

(Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-46.1)

No person shall place, construct or maintain any permanent or temporary improvement or other obstruction on any parcel of real property in the city upon which snow is or may be placed for purposes of city snow removal operations, unless otherwise provided herein. "Permanent or temporary improvements or other obstructions" shall include, but not be limited to, fences, walls, signs, trash enclosures and containers, landscape materials, irrigation systems, lighting fixtures, motor vehicles and/or trailers, driveway marker poles, mailboxes, and other similar improvements.

The provisions of this section shall not apply when one or more of the following conditions have first been met:

A. The improvement or obstruction is set back pursuant to SLTCC § 6.10.210 through § 6.10.280 (Article VI, Fences and Walls Design Standards);

B. Where a fence or wall has been constructed, said improvement has been marked at intervals not less than 10 feet with distinctively colored stakes or poles a minimum of eight feet in height with a reflector facing traffic affixed to the topmost portion thereof. Said stakes or markers shall be made of either wood or plastic and shall be put in place by the property owner not later than November 1st of each year and shall remain in place until May 1st of the following year. Any person electing to utilize this procedure shall additionally file with the director of public works or his/her designee a certificate executed by a licensed engineer that the fence, wall, or barrier can withstand the storage of snow on, in and around it in an amount equal to or greater than a pile eight feet in height without damage to the fence or wall;

C. Whenever driveway marker poles are erected to delineate a driveway, such markers have been located within the boundaries of private property and do not in any way protrude into the street right-of-way. Such markers shall be made of plastic or wood material, be a minimum of eight feet in height, and shall have a reflector facing traffic affixed to the topmost portion thereof;

D. Any damage sustained to any permanent or temporary improvement or other obstruction not meeting the requirements of subsections (A) through (D) of this section which is the result of snow removal operations shall be the sole responsibility of the property owner and the city shall bear no liability whatsoever therefor.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-47)

No person shall place, construct or maintain any permanent or temporary improvement or other obstruction on any portion of any street right-of-way without first obtaining an encroachment permit from the director of public works or his/her designee. In no event shall the city bear any liability for any permanent or temporary improvement or other obstruction placed within any portion of the street right-of-way or other public property without all necessary permits and approvals having first been obtained. Any such improvement or other obstruction for which an encroachment permit has not been obtained shall be deemed a public nuisance and may be summarily abated by order of the director of public works or his/her designee in accordance with SLTCC § 7.05.100 or any successor section thereto.

(Ord. 906 § 2; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-48)

All mailboxes shall be placed in accordance with the rules and regulations of the United States Postal Service, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public or interfere with snow removal operations. A permit is not required for the placing of mailboxes. The city is not liable in the event of damage to any box placed in the street right-of-way. It shall be the responsibility of the resident/property owner and/or their agents to clear snow and snow berms to enable U.S. Postal Service employees access to mailboxes.

No mailbox shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. The city is not liable in the event of damage to any mailbox placed in the street right-of-way. Persons must remove obstructions, including, but not limited to, vehicles, trash cans, and snow, that impede safe and efficient delivery.

Damage to snow removal vehicles caused by mailbox supports will be borne by the resident, if the mailbox is not placed pursuant to this section.

Residents are responsible for clearing and maintaining mailbox access for delivery and ensuring that the mailbox is not placed in the public right-of-way.

(Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-48.1)

Whenever a motorist within the street right-of-way fails to maintain a distance of 100 feet from any piece of snow removal or other heavy equipment upon which has been posted a warning, in lettering of a minimum of two inches in size, which reads:

and a traffic collision results, the motorist violating the distance requirement created herein shall be deemed guilty of an infraction and liable for any damage to city equipment.

Motorists, pedestrians and persons within a right-of-way or within or on private property are prohibited from obstructing, confronting, standing in the way of, or in any way threatening a snow removal equipment operator and/or snow removal equipment. The city shall prosecute such offenses in accordance with California Penal Code Section 71 (or as it may be amended).

(Ord. 909 § 1; Ord. 998 § 1; Ord. 1041 § 1 (Exh. A); Ord. 1055 § 1 (Exh. B); Code 1997 § 26-49)

It shall be the duty of all owners, and their tenants, of real property within the city whose property borders, is adjacent to, or is in a city right-of-way encompassing any improved sidewalk or walkway to maintain the sidewalk or walkway in a safe condition for its use by pedestrians and other members of the public. The duty created by this section shall include the duty to keep the sidewalk or walkway substantially free and clear of all dirt, sand, gravel, filth, rubbish, ice and snow.

(Ord. 1023 § 1 (Exh. A); Ord. 1041 § 1 (Exh. A); Code 1997 § 26-50)

During a snow event, owners and their tenants shall ensure that the sidewalk or walkway as set forth in SLTCC § 7.05.560 herein is substantially free and clear of snow and ice within the following time frames:

1. Within 12 hours after the end of a snow event.

2. Within each 24-hour period during a snow event if such event is of a duration greater than 24 hours.

3. Whenever the accumulation of snow and/or ice creates a condition that is dangerous to property or to persons using the sidewalk or walkway in a reasonable manner and whenever such condition interferes with the public convenience in and the use of said sidewalk or walkway area.

(Ord. 1041 § 1 (Exh. A); Code 1997 § 26-51)

The property owner and their tenants required by SLTCC § 7.05.560 and § 7.05.570 to maintain and repair the sidewalk or walkway area shall owe a duty to members of the public to keep and maintain the sidewalk or walkway area in a safe and nondangerous condition. If, as a result of the failure of any property owner or their tenants to maintain the sidewalk or walkway area in a nondangerous condition as required by SLTCC § 7.05.560 and § 7.05.570, any person suffers injury or damage to person or property, the property owner, tenant, or occupier shall be liable to such person for the resulting damages or injury. The city shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this section.

Notwithstanding any other section of this article, members of the public are not absolved of their reasonable duties of care which must be exercised while walking, running, bicycling, or utilizing any other nonmotorized transportation method, in an area they know or should reasonably expect is snowy or icy. Failure to exercise reasonable care shall bar said members of the public from any recovery against a property owner or the city related to claims arising out of maintenance of sidewalks and walkways.

(Ord. 1041 § 1 (Exh. A); Code 1997 § 26-52)