Accessible Parking_Snow Removal Ordinance AmendmentMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accessible Parking Snow Removal
DATE: February 9, 2010
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
amendment to the Accessible Parking Ordinance to address snow removal. The
amendment makes property owners or the property owner's designee, responsible for
the removal of snow from accessible parking spaces and access aisles, and prohibits
storing snow on accessible spots and access aisles.
Additionally, it is recommended than an education mailing be provided to snow removal
companies and businesses in the community that own, manage or maintain large
parking lots. The mailing would include a copy of the ordinance amendment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Michael C. Van Milligen
Dubuque
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Masterpiece on the Mississippi
CRENNA M. BRUMWELL, Es .
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: February 3, 2010
MEMORANDUM
RE: Accessible Parking Snow Removal
Tim Horsfield, Parking Division Supervisor, Gary Blosch, ADA Inspector, Kelly Larson,
Human Rights Director, and I have been meeting to discuss challenges faced by
individuals using accessible parking during the winter months. The conversation was
initiated when I was contacted by Proudly Accessible Dubuque's Executive Director
Katrina Wilberding.
Snow and ice removal from customer parking areas, or a lack of snow and ice removal,
makes conditions difficult and sometimes impossible for our citizens with disabilities.
The most common issues include a failure to remove snow or ice from the accessible
parking access aisles and using the accessible parking aisles for snow storage.
The group determined that a provision could be added to the accessible parking
ordinance to address snow removal. I have attached a draft amendment to the
ordinance which makes property owners or the property owner's designee, responsible
for the removal of snow from accessible parking spaces and access aisles and prohibits
storing snow on accessible spots and access aisles.
Additionally, we recommend an educational mailing to snow removal companies and
also businesses in the community that own, manage, or maintain large parking lots.
The mailing would include a copy of the ordinance amendment.
I would ask that the attached ordinance be reviewed and forwarded to the City Council
for consideration. Thank you.
Enclosure
cc: Tim Horsfield, Parking Division Supervisor
Kelly Larson, Human Rights Director
Gary Blosch, ADA Inspector
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 10-10
AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING,
DIVISION 6 PARKING SPACES FOR THE DISABLED, SECTION 9 -14- 321.705
PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SUBSECTION C
SNOW REMOVAL REQUIRING THE OWNER OF ANY LOT OR PARCEL WITH
ACCESSIBLE PARKING SPACES AND ACCESS ISLES FROM ALLOWING
ACCUMULATIONS OF SNOW OR ICE THEREON
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.705 of the City of Dubuque Code of Ordinances is
amended by adding the following new Subsection C:
9 -14- 321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION
DEVICES:
C. Snow Removal.
1. The owner of any property on which is located any disabled parking
spaces and or access aisles shall not allow any snow or ice, or accumulations
thereof, on the property to impede the free access and use of such disabled
parking spaces or access aisles.
2. No person shall use a disabled parking space or access aisle, located on
either public or private property, for the storage of snow.
3. A property owner notified by written notification from the City Manager of a
violation of this section shall remove the snow or ice, or accumulations thereof,
within twenty -four (24) hours of receipt of the notification.
At
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 15th day of February , 2010.
Jeanne F. Schneider, City Clerk
Roy D. B Mayor
EFFECT OF AMENDMENT
9 -14- 321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION
DEVICES:
C. Snow Removal.
1. The owner of any property on which is located any disabled parking
spaces and or access aisles shall not allow any snow or ice, or accumulations
thereof, on the property to impede the free access and use of such disabled
parking spaces or access aisles.
2. No person shall use a disabled parking space or access aisle, located on
either public or private property, for the storage of snow.
3. A property owner notified by written notification from the City Manager of a
violation of this section shall remove the snow or ice, or accumulations thereof,
within twenty -four (24) hours of receipt of the notification.