Board of Aldermen 06-12-2018 Page 10
Alderman Klee
Thank you, that clarifies it.
Alderman Harriott-Gathright
But what he just said, is that end the amendment that it is for placing? | haven’t read it so | am just
asking the question.
Alderwoman Melizzi-Golja
Put any snow or yard debris including but not limited to and it shall not apply to situations where
placement has been directed or requested by DPW — like when they tell you to put your barrels along
the curb and they are in the road. Or clean up or collection of material as simultaneously occurring —
and that was to recognize the fact that people have employed companies to come and clean their yards
and while they are in the process of cleaning the yard, they may place it in the road and then come by
and vacuum it up or do whatever and remove it. But it the long-term like “let me blow it into the street
so | don’t have to bag it”.
Alderman Tencza
| will say that | am not in favor of the snow ordinance as it is now, I’m not in favor of amending it to
include yard debris as well only because | think it is so arbitrary and the City doesn’t have the resources
to really enforce this across the board in every neighborhood. And | think some neighborhoods will be
targeted more so than others. My other objection to it would be that any violation which is perceived by
apparently a Police Officer who is assigned to help enforce the Ordinance subjects a person up to
$1,000.00 fine per day when there is a violation that is alleged.
Certainly | don’t think that right now that is how the Ordinance is being used or they are that heavy-
handed, but | would feel much more comfortable with this if there was more language in the Ordinance
so that someone would have to be warned multiple times before they are hit with any type of fine. If
there are chronic offenders of this, certainly the City knows about it and are getting calls but I’m not so
much concerned now but in the future if this Ordinance is on the books and a Police Officer or Police
Chief, Director of Public Works wants to start enforcing this pretty heavy-handedly | think they could.
So again, I’m not in favor, I'll be voting against the amendment as well as the Ordinance.
Alderman Lopez
| just wanted to ask a question of Corporation Counsel, is there a dispute process if you are fined in this
nature and you disagree?
Attorney Steven Bolton
Yes it’s atrial. If you say you didn’t do it is up to the City to prove you did do it.
Alderman Lopez
So it has to go all the way to trial, there isn’t like a review board or anything?
Attorney Bolton
Since my office would be prosecuting these things, | will tell you that | don’t think we are going to be
doing things where this any indication that it might have been an accident or caused by wind or rain or
some other naturally occurring phenomenon. It just doesn’t benefit anyone to go around heavy-
handedly enforcing this. The provision about snow has been on the books at least 35 years, probably
much longer than that. And | don’t remember ever there being a prosecution about it.
