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ORD 19-875 ORDINANCE NO. 19-875 AN ORDINANCE of the City of Federal Way, Washington, relating to declaring winter snow and ice emergencies as Snow Alerts, removal of snow and ice from sidewalks, removal of vehicles from City Primary Snow Routes during declared Snow Alerts, and prohibiting the abandonment of vehicles on City Streets during the same; and adding new sections to Chapters 4.40 and 8.60 FWRC. WHEREAS, the City of Federal Way ("City") is a non-charter code city under Title 35A of the Revised Code of Washington ("RCW"); and WHEREAS, FWRC 2.27.030 provides that the Public Works Director or designee shall have charge of and supervision over all City streets; and WHEREAS, wintep weather conditions make it necessary and. advisable to declare snow emergencies ("Snow Alerts") in order to permit City staff to promptly remove vehicles from the City's Primary Snow Routes that are impeding the proper and efficient removal of snow and application of deicing or traction materials to roadway surfaces; and WHEREAS, vehicles stopped, parked, or left standing on the City's Primary Snow Routes during Snow Alerts obstruct traffic and jeopardize public safety; and WHEREAS, upon public proclamation of a Snow Alert, the Chief of Police and members of the Federal Way Police Department are to summarily impound vehicles if, in the discretion of the Public Works Director, or designee, the Chief of Police, or a member of the Federal Way Police Department, a vehicle stopped, parked, or left standing on a Primary Snow Route constitutes an obstruction to traffic or jeopardizes public safety by impeding the removal of snow or the application of appropriate deicing or traction materials on Primary Snow Routes; and Ordinance No, 19-875 Page 1 of 6 WHEREAS, the City Council deems it necessary to clarify and formalize current practices and responsibilities for snow removal from sidewalks abutting City streets and property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.40 of the Federal Way Revised Code is hereby amended to add a new section 4.40.040 to read as follows: 4.40.040 Clearin2 of Snow. It shall be the duty of the property owner, lessee, or occupant of property abutting or bordering any highway, street, avenue, or public place, to remove or cause to be removed all snow and ice from the sidewalk in front of or adjacent to such property to the full width of said sidewalk within 24 hours after such snow or ice has accumulated thereon. Section 2. Chapter 4.40 of the Federal Way Revised Code is hereby amended to add a new section 4.40.050 to read as follows: 4.40.050 Dumping, snow in street prohibited. It i, unlawful for any person, by any means, to scrape, Mow. pile, dump, push, or deposit Snow oii. into, or upon any city street, riWit-of-way, or trafFi�.' _l)itn itic�I, ]��r����ur, Ilii _clic neither prevents the removal of snow from pt.tblic sidewalks, nor prohibits the city's snow removal or street maintenance operations. Section 3. Chapter 4.40 of the Federal Way Revised Code is hereby amended to add a new section 4.40.080 to read as follows: Ordinance No. 19-875 Page 2 of 6 4.40.080 Violation - Penalty. A violation of this chapter is a Class 3 civil infraction and will be enforced as set forth in C17�17ter 7.80 RCW. Each day a violation_continues is a separate offense. Section 4. Title 8 of the Federal Way Revised Code is hereby amended to add a new Chapter 8.60 to read as follows: Chapter 8.60 Snow Alerts and vehicle removal from city streets. 8.60.010 Snow Alert. A Snow Alert may declared by the public works director or designee in the event that snow or ice accumulates or is forecasted to accumulate within city limits and when in the sole discretion of the public works director or designee, vehicles stopped, parked, or left standing on Primary Snow Routes would iWede the proper and efficient removal of snow and/or application of deicing or tr,lLtloll materMls to roadway surfaces. A Snow Alert shall be distributed I'V the CO,-," public information officer. 8.60.020 Primary Snore Routes. The purpose of desigjiatii7L� E lniarr' 'SI_iow Routes is to allow the city to perform unimpeded snow and ice removal operations during and following, the decl_itrallon of a Snow Alert. All Primary Snow Routes shall be designated and posted on the city's website and may be revised as deemed necessary by the public works director. Primary Snow Routes shall include the entire width of the vublic right--of-way, which includes, but is not limited to any portion of the Primary Snow Route primarily used for the movement of vehicles or pedestrian traffic (e.g., the travelway and any abutting shoulder). Any Snow Alert must include a reference to where the PI.1111-11'ti` ��ni�lt" JEiil.lieti t;i[) 1't' t�?Llild. Ordinance No. 19-875 Pace 3 of 6 8.60.30 Vehicle prohibitions durinp_ Snow Alert. Vehicles stopped, parked, or left standing upon any roadways designated as Primary Snow Routes shall beprohibited from the time a Snow Alert goes into effect until the Snow Alert is terminated by the public works director or designee. 8.60.40 Stopped, parked, or left standin,vehicles—removal by police authorized. A. During a declared Snow Alert, ineinben� rel. thy: Fed r l \ ,iti i'{tli�e. 1)cpal tinelit are authorized to remove, or have removed, any vehicle from Primary Snow Routes to a place of safety when any part of the vehicle is stopped, parked, or left standingon n any portion of a Primary Snow Route during a Snow Alert. For the purposes of this section, a place of safety includes the business location of a registered tow truck operator. B. Whenever a member of the police department removes, or has removed, a vehicle from_a Primary Snow Route as authorized in this chapter, the notice requirements of Chapter 46.55 RCW shall apply. C. This section shall be supplemental and in addition to any oilier provisimis of law granting members of tlie-police department autllor-ity to remove motor velllcles. 8.60.50 Stopped, parked, or left standing vehicles—leaving in roadway prohibited. During,a declared Snow Alert, whenever a vehicle becomes s(ojl,1: pm-ked, or left standing for any reason whether or not in violation of this clic ter within any travelway on any city street on which there is a covering of snow, sleet, or ice, the person operating such vehicle shall take I f ii I11Ct 11 I t action to have the vehicle towed or removed from the roadway. No Rersoll shall stop, park, or leave standing-, a vehicle in the roadway of a street, reL-'Iailess�or Mietlier the-1)( rson indicates that the vehicle is stalled, except for the purpose of securing assistance during the Ordinance No. 19-875 Page 4 of 6 actual time necessarytwo to a nearby place to gaii7 assistance and return without delay. Vehicles that are parked entirely within designated parking areas on Iariblic streets not classified as a Primary Snow Route are exempt from this section. Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 1 st day of October, 2019. [signature page follows] Ordinance No. 19-875 Page 5 of 6 CITY OF FEDERAL WAY: JI R ELL, MAYOR ATTEST: �u� S P ANIE COURTNEY,(�C, CITY CLERK APPROVED AS TO FORM: �C J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 09/11/2019 PASSED BY THE CITY COUNCIL: 10/01/2019 PUBLISHED: 10/04/2019 EFFECTIVE DATE: 11/03/2019 ORDINANCE NO.: 19-875 Ordinance No. 19-875 Page 6 of 6