HomeMy WebLinkAboutPacket - 04/08/2019 - Community Development Committee 8-w-O
MC-A'Alen
Community Development Committee
McHenry Municipal Center
333 S Green Street
McHenry,IL 60050
April 8, 2019
AGENDA
1. Call to Order
2. Public Comment: Any person wishing to address the Committee will be asked to
identify themselves for the record and will be asked but are not required to
provide their address. Public comment may be restricted to three-minutes for
each individual speaker. Order and decorum shall be maintained at public
meetings.
3. Motion to approve the February 11, 2019 Committee Development Meeting
Report.
4. Taxi Cab License Discussion
5. Snow Shoveling Discussion
6. Department updates.
7. Motion to adjourn the meeting.
The City of McHenry is dedicated to providing its citizens,businesses,and visitors with the highest quality of programs
and services in a customer-oriented,efficient,and,fiscalh responsible nranner.
Community Development Committee
Meeting Minutes
February 11, 2019
Call to Order/Roll Call
Alderwoman Condon called the meeting to order at 7:05 p.m. Members present:Alderman Santi,
Alderman Devine and Alderwoman Condon. Others present: Director Polerecky.
Public Comment
None.
Motion to approve the December 10, 2018 Community Development Meeting Minutes
Alderwoman Condon asked if any of the Committee Members had any questions or comments
on the December 10, 2018 meeting minutes. The Committee Members offered no comments.
There being no further discussion on the motion, A Motion was made by Alderman Santi and
seconded by Alderman Devine to approve the December 10 2018 Community Development
Meeting Minutes as presented. RoH call: Voter 3-ayes by unanimous voice vote. 0-nays, 0-
abstained. Motion carried.
Discussion on 2019 Committee Topics
Director Polerecky commented on the topic of snow shoveling both residential and commercial
sidewalks. He reported that this topic comes up frequently with respect to both types of zoning
districts. He noted that several years ago the City amended the Municipal Code Chapter 21
"Streets and Sidewalks" as a portion of this section of the code conflicted with State Statutes.
There was some discussion with respect to the inconsistency of the business owners' sidewalk
snow removal efforts in the Downtown Commercial District. The Committee Members discussed
possible suggesting to the Downtown Business Association to create a program in which the
business owners remove the snow from the sidewalks that are adjacent to their businesses and
the City would then clear the snow from the streets. TheCommittee Members suggested
Business Owner, Mr. Dave Miller would be the best candidate to act as a liaison with the other
business owners and implement a sidewalk snow removal program.The Committee will continue
to discuss this matter in the spring.
Director Polerecky commented on the topic of a possible Municipal Code amendment with
regards to Chapter 25, Article II Taxicab regulations. He reported that there had been some
discussion regarding requiring background checks on individual taxi cab drivers. However,
typically there is a tremendous amount of employee turnover in this type of industry which would
make the background checks on each individual driver burdensome on Staff. In addition, there
are only three taxicab companies operating in the City limits. However, there are many
companies operating in surrounding communities which cannot be regulated by the City.
There was some discussion on other ride service companies such as Urber and Lyft, which are
self-regulated. Director Polerecky commented on the fact that he is aware that Urber does
conduct background checks on their drivers. This matter will be discussed in more detail at an
upcoming Committee Meeting.
Director Polerecky commented on the topic of permitting backyard chickens in residential areas.
He continued on to report that the Committee had discussed this topic in the past and at that
time the decision was made not to bring a code amendment to the full City Council. However,
the Committee was open to revisiting the topic in three years, which would be sometime this
year.
Director Polerecky commented on the fact that chickens are loud, dirty and smell. Which could
be problematic in high density residential areas.This matter will discuss in length at an upcoming
Community Development Committee Meeting.
Director Polerecky commented on the topic of adopting a Vacant Structure Ordinance. He
reported that many communities have done so to encourage property owners of both
commercial and residential properties to fill their vacant buildings. In addition, the Ordinance
would allow the City to inspect the vacant properties this action would mitigate any potential
code violations such as fire suppression systems and other hazardous building related issues.
Director Polerecky commented on the codification process which will be instrumental in singling
out contradictions with State Statutes and out dated building code and fee references.
Director Polerecky reported that he is working on drafting a Request for Proposal with respect to
the Capital Development Fee Schedule. He noted that the fees have not been professionally
reviewed since 2005.
Director Polerecky asked the Committee Members to forward him any other topics that they
wished to discuss in an upcoming Committee meeting.
Department Updates
Director Polerecky provided the Committee Members with an update on the Legend Lakes
Subdivision. He reported that they had applied for and received three single family home building
permits and broke ground on two model homes.
Director Polerecky provided the Committee Members with an update on the Oaks of Irish Prairie
Subdivision. He reported that they had applied for and received eighteen building permits. He
noted that both of these developments continue to sell homes due to the recent reductions in
fees.
Director Polerecky reported that as of December 315t the Department had completed 106
inspections and 482 code compliance tasks. He noted that this winter season the department's
activities has not slow down due to inclement weather. He anticipates that the spring and
summer seasons will be very busy.
There was some discussion with respect to Staffing levels. Director Polerecky commented on the
recent change with regards to how Staff manages grass mowing violations. He reported that by
Staff simply knocking on property owners' doors instead of sending letters and going through the
labor intensive lien process has freed up Staff time. In addition, Director Polerecky reported that
he has some thoughts on creative Staffing initiatives.
Director Polerecky commented on the fact that he believes in the near future Patriot Estates
Developer will be requesting a bond reduction for a portion of their development commonly
referred to as Patriot Lakes.
Director Polerecky reported that he along with Director Hobson has been working with the Oaks
at Irish Prairie's developer drafting a concept park plan. However, the park would be owned by
the HOA not the City.
Director Polerecky reported that Starbucks has now begun renovations on what was once the
Twisted Burger.
Director Polerecky commented on the renovations to the Watertower Marina. He reported that
they have address IDNR and the Army Corps of Engineers concerns. In addition, they have
constructed the piers and will be installing them as weather permits. He continued on to report
that the boat slips will be ready in time for this year's boating season. However, they are still
contemplating the scope of the renovation design due to the cost of a sprinkler system.
Director Polerecky reported that Aldi's grand opening is scheduled for Thursday, February 14tn
The remodeled store is larger and has state-of-the-art equipment.
Director Polerecky reported that the department is operating smoothly and Staff has been
working on the State of the City address, codification and the RFP for the replacement of the
rooftop unit number four located at the municipal center.
Director Polerecky along with the Committee Members discussed the Old Bridge Tavern's
renovation efforts.
There was a brief discussion with respect to an incident that happen with American Vactor LLC.
Motion to adjourn the meeting
There being no further public business to discuss, a Motion was made by Alderman Santi and
seconded by Alderman Devine to adjourn from the public meeting at 7.55 p.m. Roll call: Vote:
3-ayes by unanimous voice vote. 0-nays, 0- abstained. Motion carried.
Respectfully submitted,
Debra Meadows
Approved this day of 2019
Alderwoman Condon
Department of Community&
Economic Development
Ross Polerecky,Director
McHenry Municipal Center
333 Green Street
(' McHenry,,Illinois 60050
Py�
`�1 r Phone: (815)363-2182
Fax: (815)363-2173
rpolerecky@ci.mchenry.il.us
Community Development Committee
Agenda Supplement
DATE: April 8, 2019
TO: Community Development Committee
FROM: Ross Polerecky, Director of Community Development
RE: Taxi Cab Licensing
Chapter 25 in the municipal code details regulations required in order to operate a vehicle for
hire within the city of McHenry. The purpose of this agenda supplement is to familiarize the
committee with the ordinance, identify some of the challenges associated with the current
ordinance and receive direction from the committee on how to proceed. Included in this agenda
supplement is the current ordinance along with the Illinois Taxi Safety Act. The McHenry police
department has volunteered to be present at this meeting to help answer any question relating
to complaints regarding taxi cab companies.
Some of the struggles of this ordinance include:
• Enforcement of ride share programs like Uber and Lyft.
• Enforcement of taxi cab companies not located within the City of McHenry but that do
drop off and pickup in the City of McHenry
• Large turnaround of employed drivers
• Fair enforcement
A quick search of surrounding communities shows that most communities have ordinances that
mirror the city of McHenry's ordinance however these communities struggle with the same items
McHenry is facing. A query of complaints relating to our ordinance show that the City has little
or no complaints relatingto the operation of taxi cabs within the city,all complaints found revolve
`°"" Department of Community&
r
TZ Economic Development
Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
McHenry
McHenry, Illinois 60050
j�l� 1 Phone: (815)363-2182
Fax: (815)363-2173
rpolerecky@ci.mchenry.il.us
around patrons utilizing a cab company not paying their fare, this is not directly related to
licensing taxi cab companies.
The current ordinance only allows five taxi cab companies to be licensed in the city,over the last
ten years no more than three companies a year have registered with the city. It is the opinion of
staff that due to more people using ride share companies, the limited number of registered cab
companies and the lack of complaints filed against cab companies that this ordinance be removed
from the municipal code and allow cab companies to operate in the city of McHenry without a
licensing requirement.
Department of Community&
Economic Development
>„ Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
McHenr McHenry, Illinois 60050
Phone: (815)363-2182
Fax: (815)363-2173
rpolerecky@ci.mchenry.il.us
VEHICLES
(625 ILCS 554 Taxi Safety Act of 2007.
(625 ILCS 55/1)
Sec. 1. Short title. This Act may be cited as the Taxi
Safety Act of 2007.
(Source: P.A. 95-598, eff. 6-1-08. )
(625 ILCS 55/5)
Sec. 5. Requirements for the operation of taxicabs.
(a) The taxi driver's picture, the taxi driver's license
or registration number, and the taxicab medallion number or an
exterior identification number must be posted in a visible
location in each cab.
(b) There must be posted in a visible location in each
taxicab a telephone number for a passenger to call if the taxi
driver is operating the taxicab in a reckless manner.
(c) If a taxi driver collides with a pedestrian while
operating a taxicab, resulting in bodily injury, then any
responding law enforcement officers must test the taxi driver
for drug and alcohol use.
(Source: P.A. 95-598, eff. 6-1-08. )
(625 ILCS 55/15)
Sec. 15. Taxi safety reporting. In counties in which
vehicle citation records are not readily available to the
public, the clerk of the circuit court shall furnish a list of
all moving violations involving a taxi or an individual
licensed or registered as a taxi driver upon the request of a
unit of government that licenses, registers, or otherwise
regulates taxi drivers.
(Source: P.A. 97-1062, eff. 1-1-13. )
(625 ILCS 55/20)
Sec. 20. Home rule. A home rule unit may not regulate the
operation of taxicabs in a manner that is less restrictive
than the regulation by the State of the operation of taxicabs
under this Act. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution
on the concurrent exercise by home rule units of powers and
functions exercised by the State.
(Source: P.A. 95-598, eff. 6-1-08. )
1/08
MUNICIPAL CODE
CHAPTER 25
VEHICLES FOR HIRE
ARTICLE 1. RESERVED
Secs.25-1 -25-15. Reserved.
ARTICLE 11. TAXICABS
Sec.25-16. Defined.
The term "taxicab" as used in this Article shall mean and include any vehicle used to carry passengers for hire
but not operating on a fixed route and shall also include limousine service.
Sec.25-17. License required; application.
It shall be unlawful to engage in the business of operating a taxicab in the City without first having secured a
license therefore. Applications for such licenses shall be made in writing to the Clerk, and shall state thereon
the name of the applicant,the intended place of business and the number of cabs to be operated.
Sec.25-18. Number of licenses.
There shall be no more than five taxicab licenses in the City. No person or corporation shall be issued more
than one license,nor shall a license be issued unless the licensee has taxicabs in service. (MC-96-658)
Sec.25-19. Character of applicant.
No taxicab license shall be issued to or be held by any person who is not a person of good character or who has
been convicted of a felony; nor shall such license be issued to or held by any corporation if any officer thereof
would be ineligible for a license under the foregoing conditions.
Sec.25-20. Fee established; payment.
The annual fee payable in advance for taxicab licenses shall be $100.00 for each cab company or owner plus
$20.00 for each taxicab operated. All such fees shall be paid to the Clerk at the time application is made.
Sec.25-21. Return of fee on license denial
In the event the license applied for has been denied,the fee shall be returned to the applicant.
Sec.25-22. Deposit of fee.
If the license is granted,then the fee shall be deposited in the general corporate fund or such other fund as shall
have been designated by the Council by proper action.
Sec.25-23. Fee in addition to other fees.
The fee required by this Article shall be in addition to the motor vehicle license fee and all other fees required
by ordinance. (MC-89-477)
800
1/08
Sec.25-24. Notice,fee when vehicles added.
Whenever the number of cabs operated shall be increased during the license year the licensee shall notify the
Clerk of such change and shall pay the additional fee to the Clerk.
Sec.25-25. Certificate of License required.
The Clerk shall issue certificates of license for the number of cabs covered by each license.
Sec.25-26. Display of Certificates of License.
The certificates of license shall be displayed in a prominent place on each taxicab while it is in use.
Sec.25-26.1. Term of license.
Licenses to engage in the business of operating a taxicab within the City shall be the same as the fiscal year of
the City(May 1 to April 30).
Sec.25-27. Replacement of vehicles.
If a taxicab is withdrawn from service and another taxicab replaces the one withdrawn,the licensee shall notify
the Clerk who shall issue a certificate of license for such replacement taxicab without additional charge to the
licensee.
Sec.25-28. Notice of vehicle identification number,state registration number.
The licensee shall notify the Clerk of the vehicle identification number and state registration number of each
cab operated and of the corresponding City vehicle sticker number.
Sec.25-29. RESERVED. (MC-96-658)
Sec.25-30. Requirements for vehicles.
(a) No taxicab shall be operated unless it bears a state license duly issued; and no such cab shall be
operated unless it is equipped with proper brakes, lights, tires, horn, muffler, rear vision mirror,
and windshield wiper in good condition.
(b) No taxicab shall be operated unless it has passed semi-annual inspection and examination by as
certified inspection agency. Following said semi-annual inspection, certification of safety shall
be provided to the City Clerk and shall be so,noted on the certificate of license when issued.
(MC-96-658)
(c) If the inspection/examination shows the taxicab is not in a safe mechanical condition, it shall not
be operated on the streets of the City until it has been repaired, submitted to a retest at an
approved testing station and a current Certificate of Safety is issued.
(d) At the time of application for a City license, a copy of the Certificate of Safety then in effect
shall be filed with the City Clerk. No City license shall be issued without the filing of the copy
of the Certificate of Safety. (MC-96-658)
801
1/08
Sec.25-31. Marking of vehicles.
Each taxicab, except limousines, while operated, shall have on each side, in letters readable from a distance of
twenty feet,the name of the licensee operating it. If more than one cab is operated by a licensee each cab shall
be designated by a different number, and such number also shall so appear on each side of such cab.
Sec.25-32. Drivers to be licensed.
No person shall drive a taxicab unless he shall have secured a license therefor, as provided by the Statutes of the
State of Illinois. No person shall drive a taxicab until he has exhibited such license to the Chief of Police or his
designee who will issue a certificate that the applicant has complied with the provisions of this Article.
Sec.25-33. Conduct of drivers.
It shall be unlawful for any driver of a taxicab while on duty to drink any intoxicating liquor, or to use any
profane or obscene language,to shout or call to prospective passengers, or to disturb the peace in any way.
Sec.25-34. List of drivers required.
The licensee shall submit a list of drivers to the City Clerk semi-annually.
Sec.25-35. Bond or insurance required.
No taxicab shall be operated unless it is covered by a bond or public liability policy as required by statute.
Sec.25-36. Obedience to traffic rules.*
It shall be the duty of every driver of a taxicab to obey all traffic rules established by statute or ordinance.
Sec.25-37. Use in perpetration of crime.
It shall be unlawful to knowingly permit any taxicab to be used in the perpetration of a crime or misdemeanor.
Sec.25-38.. Duty to accept passengers.
It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to so use the
taxicab,provided such person is not intoxicated and conducts himself in an orderly manner. No person shall be
admitted to a taxicab occupied by a passenger without the consent of the passenger.
Sec.25-39. Route to be direct.
The driver shall take his passenger to,his destination by the most direct available route from the place where the
passenger enters the'cab:
* Cross Reference- Traffic regulations generally, Ch. 13.
802,
Next;page is,820 . -
Department of Community&
Economic Development
w. , . Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
mc,",enrvMcHenry, Illinois 60050
Phone: (815)363-2182
Fax: (815)363-2173
rpolerecky@ci.mchenry.il.us
Community Development Committee
Agenda Supplement
DATE: April 8, 2019
TO: Community Development Committee
FROM: Ross Polerecky, Director of Community Development
RE: Snow Shoveling Ordinance Discussion
Each year as winter falls upon us the topic of snow shoveling comes up. The Community
Development Committee has asked that this discussion be brought back to the committee for a
review or further discussion. Included in this packet is a history of the past nine years that
includes each CDC discussion and the minutes associated with those meetings. In brief,the City
Council voted to eliminate a snow shoveling ordinance in August of 2013. Since 2013 the
Community Development Department has handled snow complaints on an educational basis, a
brochure explaining the benefits of snow shoveling was created and is distributed to property
owners in areas of concern (attached). Over the years the largest hurdle was how to handle the
liability of requiring someone to shovel a public right of way in front of their property.There is a
distinct difference between residential and commercial properties. In the attached documents it
is explained, with a case study, the differences between requiring snow shoveling on residential
properties vs commercial properties. In brief a business owner may be liable for someone that
gets hurt on their property, a residential property owner is protected by tort immunity. A brief
search of surrounding community's shows that most communities do have an ordinance
requiring snow shoveling, these communities include:
Barrington
Fox Lake
West Dundee
Richmond
Crystal Lake
Department of Community&
Economic Development
Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr
Phone:(815)363-2182
Fax: (815)363-2173
rpolerecky@ci.mchenry.il.us
Cary
Other villages such as Woodstock currently handle snow shoveling like the City of McHenry and
strongly encourage it without an ordinance on the books.
Complaints:
While the city does not track snow shoveling complaints any longer a discussion with office staff
has determined that most of the complaints for snow shoveling in residential areas revolves
around schools and bus stop locations. In commercial areas most of the complaints are in the
North Richmond Road area and the three downtown locations. During the winter of 2018 office
staff said they received between 15-20 calls in regards to non-shoveled sidewalks.
Due to the legal nature of this topic if the committee would like to have a further discussion on
reinstating the snow shoveling ordinance it is recommended that this topic be forwarded to the
full council and be placed on the agenda as a discussion item,this will allow for the city attorney
to handle any legal related questions.
FIRE HYDRANTS i=a
x City of
PLEASE ASSIST THE FIRE DEPARTMENT BY McHenry
CLEARING SNOW FROM ANY FIRE HYDRANT
NEAR YOUR HOME TO MAINTAIN ACCESS TO
SAFETY TIPS
THE WATER SUPPLY Snow
�
Children should NEVER play in snow Rem
oval
drifts,windrow of snow,or piles close to iia a.a
any street or driveway. An accident may Help Yourself—Your Neighbor
be unavoidable if a vehicle can't stop. }
t This Brochure is Intended as a guide
If sidewalks are not cleared by the adjoin-
ing property owner,school children and ".,* snow Removal
pedestrians may occasionally walk along " ; in the City of McHenry
the edge of the street Motorists are
reminded to watch for pedestrians walk-
ing in the street. Give them the right of .
way,and slow down when nearing any - r `
pedestrian or school children.
ft
Allow additional space and time when
SIDEWALK SNOW REMOVAL
approaching stop signs and crosswalks.
Please be aware of the road conditions, The City encourages all residents to remove
and slow down.Pedestrians are reminded accumulations of snow and ice from public Being a Good Neighbor
to walk in the opposite direction of traffic. sidewalks adjacent to their homes and
Always take the time to completely clear property within 24-hours after the accumula-
tion of such snow and ice began. Department of Community&
snow and ice from all vehicle windows. Economic Development
Remember to include your headlights and Always do your best to keep sidewalks clean McHenry Municipal Center
brake/taillights so other drivers are aware and free from debris and litter at all times. 333 Green Street
when you approach or slow down.By not The cleaning of snow from the sidewalks McHenry,Illinois 60050
doing so,you risk not only yourself,but makes it possible for school children and all Phone:(815)363-2170
the lives of your passengers,fellow residents to move safely around the neighbor- Fax:(815)363-2173
motorists,and unwary pedestrians. hood and community, www.ci.mchenry.11.us
(Rev.2-2014)
SNOW REMOVAL ON STREET
HINTS AND TIPS PARKING PROHIBITED
Do not push or blow snow into the street DURING DURING
SNOW SNOW
This practice leaves a windrow of snow in EMERGENCY EMERGENCY
a travel lane which is hazardous and
illegal.
Do not push snow across the street onto Please assist our employees during
snow removal,and avoid being
the parkway in front your neighbor's ticketed or towed,by obeying the no
residence. Place snoww on the parkway in front of your own home. parking restrictions when It snows.
'�, �,;�`.
When removing snow from your drive ' McHenry's parking ordinance does not
way approach,please push the snow so allow parking between 2:00am and
that it is downstream(with the flow of CLEARING SNOW FOR MAI 6:00am.
traffic)of your driveway when the plows
pass. Clearing snow from the area in front of your In the event the City receives a snowfall
mailbox is difficult for the City's large plow of 3 inches or more,on-street parking is
Dress properly,always layer your trucks.Residents are asked to help by shov- prohibited for residents until such time
clothing,don't get over heated and take eling out the remaining snow so that mail that streets are adequately cleared of the
frequent breaks while shoveling snow.
deliveries can continue. snow.
If a mailbox is inadvertently damaged by the Your compliance with these regulations
_ will significantly benefit the efforts of
city's snowplowing efforts,the City will re-
place the mailbox with a standard box as snowplow drivers.In addition,you will
avoid the risk of receiving a ticket or
soon as snowplowing efforts for that storm your vehicle being towed.
r' are completed.
Please note that during an average
If a post has been broken by the City during snowfall,City trucks need to make more
snow removal operations a temporary mail- than one pass down the street in order
If you hire a contractor to assist with snow box will be installed until weather condi- to clear snow all the way to the curb.
removal,please tell them to avoid leaving tions allow for permanent replacement Even though the snow stops falling and
snow in the street, pushing snow across the plow has been down the street,
the street or around a fire hydrant Please report broken mailboxes and/posts please refrain from parking on the street
to Public Works immediately. until a reasonable period of time has
(815-363-2186) passed.
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin,Deputy City Administrator
FOR: August 24, 2010, Community Development Committee Meeting
RE: Snow Removal on Public Sidewalks
Background. Several months ago at a Committee meeting during public input there was an
inquiry and clarification requested from two local citizens regarding the law on snow removal
particularly in commercial areas of the city. Currently, the municipal code includes the
following language in Chapter 21, Streets and Sidewalks.
Sec.21-18.Duty to remove deposits on sidewalks.
The owners or occupants of all property facing on or abutting sidewalks, shall remove from
any existing sidewalk abutting their property, all accumulations of snow and ice within 24
hours after the accumulation of such snow and ice began, and shall keep the said abutting or
adjacent sidewalks clean and free from debris and litter at all times.
Analysis. Although this language was adopted many years ago with seemingly good
intentions, due to the volume of complaints and amount of staff time required for this one
issue, staff does not consistently enforce this provision of the municipal code. Snow removal
across the board has become less common over the years, particularly on public sidewalks,
throughout the city.
If a complaint is received, regardless whether it's in a commercial, residential or other area,
staff will contact the violator of the ordinance, inform them of the concern and ask them to
remove the snow from the sidewalk adjacent to their property. Staff has even sent multiple
letters to the same property owners, as well as stop by their place of business or residence,
encouraging the removal of snow; however, staff does not believe this ordinance could be
equitably applied and enforced throughout the city without a significant increase in labor
dedicated solely to this issue.
Numerous residents and business owners throughout town do not consistently remove snow
from their adjacent sidewalk. This is one of those things we assumed residents and business
owners would do but is not the case and over time the number of people who violate this
provision has literally increased exponentially. In addition,non-residential property owners do
not receive the same protection under current state law, which in turn acts as another
disincentive to comply.
Attached is the state law, Civil Immunities Snow and Ice Removal Act, regarding the removal
of liability for an owner, lessor, occupant or other person in charge of residential property who
removes snow or ice from a sidewalk abutting their property. Currently state law does not
apply this protection to commercial property owners.
In addition, attached is an excerpt from the same chapter in the state statutes, which addresses
local government and governmental employees' tort immunity. On page two the last
paragraph addresses liability for a local public entity and public employees if an injury occurs
resulting from weather conditions along public rights-of-way.
Recommendation. Because the existing ordinance provision is not consistently enforced staff
recommends deleting Section 21-18 from the City municipal code.
745 ILCS 75/ Snow and Ice Removal Act. Page I of I
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes(ILCS)is an ongoing process.Recent laws
may not yet be included in the ILCS database,but they are found on this site as Public Acts soon
after they become law.For information concerning the relationship between statutes and Public
Acts,refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes,statutory
changes are sometimes included In the statute database before they take effect.If the source note
at the end of a Section of the statutes includes a Public Act that has not yet taken effect,the version
of the law that is currently in effect may have already been removed from the database and you
should refer to that Public Act to see the changes made to the current law.
CIVIL IMMUNITIES
(745 ILCS 751)Snow and Ice Removal Act.
(745 ILCS 75/0.01) (from Ch. 70, par. 200)
Sec. 0.01. Short title. This Act may be cited as the Snow
and Ice Removal Act.
(Source: P.A. 86-1324.)
(745 ILCS 75/1) (from Ch. 70, par. 201)
Sec. 1. It is declared to be the public policy of this
State that owners and others residing in residential units be
encouraged to clean the sidewalks abutting their residences of
snow and ice. The General Assembly, therefore, determines that
it is undesirable for any person to be found liable for
damages due to his or her efforts in the removal of snow or
ice from such sidewalks, except for acts which amount to clear
wrongdoing, as described in Section 2 of this Act.
(Source: P.A. 81-591.)
(745 ILCS 75/2) (from Ch. 70, par. 202)
Sec. 2. Any owner, lessor, occupant or other person in
charge of any residential property, or any agent of or other
person engaged by any such party, who removes or attempts to
remove snow or ice from sidewalks abutting the property shall
not be liable for any personal injuries allegedly caused by
the snowy or icy condition of the sidewalk resulting from his
or her acts or omissions unless the alleged misconduct was
willful or wanton.
(Source: P.A. 81-591.)
TOO
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2084&ChapterlD=58 7/20/2010
745 ILCS 10/Local Governmental and Governnental Employees Tort Immunity Act. Page I of 2
CIVIL IMMUNITIES
(745 ILCS 104 Local Governmental and Governmental Employees Tort
Immunity Act.
(745 ILCS 10/Art. III heading)
ARTICLE III--IMMUNITY FROM LIABILITY FOR INJURY OCCURRING IN
THE USE OF
PUBLIC PROPERTY
(745 ILCS 10/3-101) (from ch. 85, par. 3-101)
Sec. 3-101. As used in this Article unless the context
otherwise requires "property of a local public entity" and
"public property" mean real or personal property owned or
leased by a local public entity, but do not include easements,
encroachments and other property that are located on its
property but that it does not own, possess or lease.
(Source: Laws 1965, p. 2983.)
(745 ILCS 10/3-102) (from Ch. 85, par. 3-102)
Sec. 3-102. (a) Except as otherwise provided in this
Article, a local public entity has the duty to exercise
ordinary care to maintain its property in a reasonably safe
condition for the use in the exercise of ordinary care of
people whom the entity intended and permitted to use the
property in a manner in which and at such times as it was
reasonably foreseeable that it would be used, and shall not be
liable for injury unless it is proven that it has actual or
constructive notice of the existence of such a condition that
is not reasonably safe in reasonably adequate time prior to an
injury to have taken measures to remedy or protect against
such condition.
(b) A public entity does not have constructive notice of a
condition of its property that is not reasonably safe within
the meaning of Section 3-102(a) if it establishes either:
(1) The existence of the condition and its character of
not being reasonably safe would not have been discovered by an
inspection system that was reasonably adequate considering the
practicability and cost of inspection weighed against the
likelihood and magnitude of the potential danger to which
failure to inspect would give rise to inform the public entity
whether the property was safe for the use or uses for which
the public entity used or intended others to use the public
property and for uses that the public entity actually knew
others were making of the public property or adjacent
property; or
(2) The public entity maintained and operated such an
inspection system with due care and did not discover the
condition.
(Source: P.A. 84-1431.)
(745 ILCS 10/3-103) (from Ch. 85, par. 3-103)
Sec. 3-103. (a) A local public entity is not liable under
this Article for an injury caused by the adoption of a plan or
design of a construction of, or an improvement to public
http://www.ilga.gov/legislation/i lcs/ilcs4.asp?DocName=074500100HArt%2E+111&ActID... 7/20/2010
745 ILCS 10/Local Govenunental and Governmental Employees Tort Immunity Act. Page 2 of 2
property where the plan or design has been approved in advance
of the construction or improvement by the legislative body of
such entity or by some other body or employee exercising
discretionary authority to give such approval or where such
plan or design is prepared in conformity with standards
previously so approved. The local public entity is liable,
however, if after the execution of such plan or design it
appears from its use that it has created a condition that it
is not reasonably safe.
(b) A public employee is not liable under this Article for
an injury caused by the adoption of a plan or design of a
construction of, or an improvement to public property.
(Source: Laws 1965, p. 2983.)
(745 ILCS 10/3-104) (from Ch. 85, par. 3-104)
Sec. 3-104. Neither a local public entity nor a public
employee is liable under this Act for an injury caused by the
failure to initially provide regulatory traffic control
devices, stop signs, yield right-of-way signs, speed
restriction signs, distinctive roadway markings or any other
traffic regulating or warning sign, device or marking, signs,
overhead lights, traffic separating or restraining devices or
barriers.
(Source: P.A. 84-1431.)
(745 ILCS 10/3-105) (from Ch. 85, par. 3-105)
Sec. 3-105. (a) Neither a local public entity nor a public
employee is liable for an injury caused by the effect of
weather conditions as such on the use of streets, highways,
alleys, sidewalks or other public ways, or places, or the ways
adjoining any of the foregoing, or the signals, signs,
markings, traffic or pedestrian control devices, equipment or
structures on or near any of the foregoing or the ways
adjoining any of the foregoing. For the purpose of this
section, the effect of weather conditions as such includes but
is not limited to the effect of wind, rain, flood, hail, ice
or snow but does not include physical damage to or
deterioration of streets, highways, alleys, sidewalks, or
other public ways or place or the ways adjoining any of the
foregoing, or the signals, signs, markings, traffic or
pedestrian control devices, equipment or structures on or near
any of the foregoing or the ways adjoining any of the
foregoing resulting from weather conditions.
COMMUNITY DEVELOPMENT COMMITTEE MEETING
Tuesday,August 24,2010
Aldermen's Conference Room,7 p.m.
In Attendance: Chairman Alderman Condon,Alderman Santi,Alderman Peterson.
Staff in Attendance: Deputy City Administrator Martin,Deputy Clerk Kunzer
Also in Attendance:
Dave Miller, 1208 N Riverside Drive,McHenry
Debra McClaughery, 5320 W Highland Drive,McHenry.
Chairman Alderman Condon called the meeting to order at 7 p.m.
Public Inaut Session
There was no one in attendance who wished to comment during the Public Input Session.
Discussion: Snow Removal
Deputy City Administrator Martin stated the City's Municipal Code currently requires owners or
occupants of all property facing on or abutting sidewalks, to remove from any existing sidewalk
abutting their property all accumulations of snow and ice within 24 hours after the accumulation
began. He noted the ordinance has not been enforced due to the large job it would entail. There
are numerous businesses and residents who do not comply with the ordinance. In addition,
residential property owners are protected by State Statute from liability after shoveling their
public walk. Commercial property owners have no such protection. The City also faces liability
once the snow has been shoveled as it is not protected by Statute.
Deputy City Administrator Martin noted in addition to the liability issue, enforcement is a major
problem He suggested if City Staff wrote all offenders a citation, Staff would be inundated with
administrative paper work. He noted other communities face the same issue, although local
government has tort immunity in many cases.
Deputy City Administrator Martin stated with regard to the downtown area, many business
owners do not shovel the public walks. He suggested one possible means of addressing the issue
is to organize the downtown areas to have someone clear the walks and have the business owners
pay them to have it done. But, again,there would be liability for the person shoveling the walks.
It also appears to be inequitable to enforce the ordinance with regard to residential sidewalks
(whose owners are exempt from liability), but to avoid enforcing it in the commercial district
(whose owners are not exempt from liability).
Following much discussion and debate, Staff is of the opinion the section requiring the removal
of snow and ice deposits from City walks be deleted from the Municipal Code as it cannot be
equitably enforced.
Community Development Committee Meeting
August 24,2010
Page 2
Chairman Condon inquired why the State only provides residential property owners with an
exemption from liability following shoveling of the public walks.
Ms. McClaughery stated it is a State Statute that business property owners are now exempt from
liability. Both Chairman Condon and Deputy City Administrator Martin responded the revision
to the Statute exempting commercial property owners from liability has not been enacted yet.
Alderman Peterson stated his office is located in Whispering Point Center and the Center's
maintenance association provides for the removal of snow from sidewalks within the Center, but
not from the sidewalks along Hanley and Crystal Lake Road. Snow is not removed from those
walks. He noted many times kids have to walk in the street to and from school at West Campus
because the sidewalks have not been cleared. He noted if a third party business owner clears the
walks,the liability would be theirs.
Mr. Miller stated that what Alderman Peterson is suggesting is that it is up to the property owner
to get the walks cleared.
Chairman Condon stated she understands the City has an enforcement issue. She suggested it
would be a nightmare if the City chooses to enforce the ordinance only in certain areas that it
believes need to be cleared,i.e. Green Street,Riverside,Drive,Main Street,etc.
Alderman Santi stated this issue is like opening a can of worms. Is it the property owner or the
business owners leasing the space who should be responsible for making sure the walk is
cleared? He noted in many cases businesses clean only their lots and internal walkways, but do
not clear the public walks abutting City streets. Alderman Santi stated he would like to have
something in the ordinance requiring cleared sidewalks, but it may be too huge of an obstacle to
overcome. It is a difficult issue. The City should not be playing favorites as to which businesses
or residents should be required to clear the public walks while others do not have to follow the
ordinance.Alderman Sand noted there needs to be a resolution to the issue but he is not sure how
it can be resolved.
Alderman Peterson suggested the Downtown Business Association should be able to handle the
clearing of the downtown walkways.They should be able to work it out among themselves.
A lengthy discussion ensued regarding the issue of clearing the public walks and whether or not
the ordinance should remain in the City's Municipal Code. Alderman Peterson stated he would
like to encourage residents and businesses to continue to clear the public walks by leaving the
ordinance in place.
Mr. Miller inquired what happens when someone is injured when they have to walk in the
roadway, such as Route 120, because sidewalks have not been cleared.Mr. Miller stated it is an
ambiguous term. To state that it is not possible to equitably enforce the ordinance if the snow/ice
removal requirement remains in place is not a solution to the problem. By keeping the ordinance
on the books, it may encourage others to shovel snow from the walks. He further suggested by
writing tickets the City could help the problem and it could eventually take care of itself. He
Community Development Committee Meeting
August 24,2010
Page 3
suggested the City increase the fine for noncompliance in order to make it worthwhile to have
people follow the ordinance.
Ms. McGlaughery stated she belongs to RABA and for many years there have been businesses
which do not want to participate in the organization. There are several that do not shovel their
walks.
Mr. Miller noted he is extremely frustrated. If someone does not clear their walk and he falls he
stated he would sue.
Ms. McGlaughery stated there was language included in her lease requiring her to shovel her
walk. Mr.Miller stated it should be the tenant's responsibility to clear the walkways.
Chairman Condon stated she does not disagree with the sentiments expressed. However, it is
impossible to make people do the right thing. She expressed concern that nothing would happen
unless the ordinance is somehow enforceable. She noted the City is at a barebones staffing level
and logistically it would be impossible to enforce this ordinance.
Mr. Miller suggested a stiff fine be imposed and that the matter could go through the City's new
administrative adjudication process to be resolved.He noted if people find it impossible to move
from store to store due to the impassibility of the walks,the City sill lose sales tax revenue.
Alderman Peterson stated snow is an act of God and snow removal has become less common.He
is not sure why this is true. He suggested it could be laziness, fear of a lawsuit—he is not sure. It
comes down to a legal question—what can the City legally do to enforce the ordinance.
Chairman Condon inquired if Mr. Miller had contacted local legislators. Mr. Miller responded in
the negative. Alderman Condon stated she would be more comfortable requiring enforcement if
the State Statutes would indemnify commercial businesses as well as private homeowners. She
suggested that might be something Mr.Miller would like to pursue.
Alderman Peterson reiterated he is not in favor of completely doing away with the ordinance
requiring clearing of public walkways.
Alderman Santi inquired if there was any way to have an ordinance in place with teeth in it so
that it could be enforced?
Chairman Condon suggested leaving the current ordinance in place for one year. If an
unshovelled walk is brought to Staff's attention, it should be tracked, with a notice, then a
warning and finally a ticket being issued. She requested a log be maintained of all snow on
sidewalk complaints received and include action taken with the ultimate resolution/action. She
stated it is important to determine the amount of Staff time utilized in tracking the violations. In
this way the committee would have additional information which could be used to evaluate the
ordinance in one year's time. She noted this would be a complaint-driven enforcement.
i
Community Development Committee Meeting
August 24,2010
Page 4
Chairman Condon requested a motion from the floor to direct Staff to enforce the current
ordinance on a complaint-driven basis for one year subject to Staff maintaining a log of all
complaints received including all follow-up action, with the matter to be reviewed next spring.
The evaluation in the spring would include all Staff man-hours used to log and enforce the
ordinance.
Motion by Santi, seconded by Peterson, to direct Staff to enforce the current snow removal from
public walkways ordinance on a complaint-driven basis for one year subject to Staff maintaining
a log of all complaints received including all follow-up action, with the matter to be reviewed
next spring. The evaluation in the spring would include all Staff man-hours used to log and
enforce the ordinance.
Voting Aye: Santi,Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Continued Discussion: Drive-In Establishments
Deputy City Administrator Martin noted at the last committee meeting discussion occurred
regarding basic guidelines being established to assist in the review of drive-in facilities when
they come before the City for consideration and approval. Following much discussion, the
committee chose not to amend the Zoning Ordinance with regard to drive-in establishments.
Instead, Staff was directed to create a handout which could be provided to businesses who were
considering adding a drive-in facility to their establishment. Staff has prepared a proposed
handout which is presented to the committee for consideration this evening.
Chairman Condon noted the guidelines did not include a provision for an escape lane and
requested this be added. Alderman Santi concurred.
Alderman Santi inquired if there is a minimum legal turning radius required for emergency
vehicles. Deputy City Administrator Martin responded noting the Fire District verifies the site
plan is acceptable by using a wheel base diagram overlay on the site plan to ensure all of its
vehicles would be able to maneuver on the site.
It was the consensus of the committee to approve the use of the proposed Drive-In Establishment
Guidelines as prepared by Staff subject to the inclusion of a provision for an escape lane.
Continued Discussion: Temporary Uses
Deputy City Administrator Martin stated the committee at its May meeting discussed at length
proposed amendments to the temporary use permit regulations in the City's Zoning Ordinance.
The committee directed Staff to create a more detailed temporary use permit application and
bring it to the committee for consideration. Based on the committee's discussion, Staff created a
new Temporary Use Permit Application Form and Regulations. Staff is seeking a referral to City
Council for a recommendation to send this matter to the Planning and Zoning Commission for
public hearing.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
2� sMcHenr dmartin@i.che� u
www.ci.mchenry.il.us
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin Deputy City Administrator
FOR: January 22, 2013, Community Development Committee Meeting
RE: Snow and Ice Accumulation Removal
ATT: 1. Village of Lombard Press Release w/snow removal requirements
2. City of Urbana w/snow removal requirements
3. Community Development Committee Minutes dated March 16, 2010 and
May 17, 2011
BACKGROUND. The topic of snow and ice removal was discussed at the March 16, 2010,
October 26, 2010 and May 17, 2011 Community Development Committee meetings. The
Committee directed staff to enforce the provisions of Sec. 21-18 of the McHenry Municipal
Code by complaint only and keep a log of staff time associated with enforcement.
Chapter 21, Sec. 21-18. Duty to remove deposits on sidewalks states "The owners or
occupants of all property facing on or abutting sidewalks, shall remove from any existing
sidewalk abutting their property, all accumulations of snow and ice within 24 hours after the
accumulation of such snow and ice began, and shall keep the said abutting or adjacent
sidewalks clean and free from debris and litter at all times.
During the winter of 2011/2012 the City experienced:
• Five major snow events between December and February which generated a total of 12
complaints;
• From the 12 complaints 92 individual properties were identified as being in violation;
• Notification was made by personal visits or letters being sent to the 92 property owners;
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
McHenry Fax:(815)363-2173
v e it dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
• A total of 347 tasks were completed and approximately 77 hours of staff time was
consumed to identify the properties and investigate the violations, log the information,
send notification/speak to property owner and conduct follow-up inspections.
ANALYSIS. If a complaint is received, regardless whether it's in a commercial, residential or
other area, staff will contact the property owner, inform them of the concern and ask them to
remove the snow from the sidewalk adjacent to their property. Staff has even sent multiple
letters to the same property owners, as well as stop by their place of business or residence,
encouraging the removal of snow. If a complaint is received about one property on a block
notices are sent to all homes within the same block.
Numerous residents and business owners throughout town do not consistently remove snow
from their adjacent sidewalk. This is one of those things we assumed residents and business
owners would do but is not the case and over time the number of people who violate this
provision has literally increased exponentially. In addition, non-residential property owners do
not receive the same protection under current state law, which in turn acts as another
disincentive to comply.
As discussed and directed by the Committee two years ago staff has taken a less enforcement-
oriented approach to this issue and tried very hard to work with property owners. Moving
forward staff believes to obtain compliance and maintain the integrity of this ordinance,
violation notices and if necessary citations should be sent to those property owners which do
not comply. Staff is seeking feedback from the Committee if this is the direction they would like
to head. The alternative would be to delete this provision from the Municipal Code.
While some communities do have similar regulations (see attached) staff believes this provision
is antiquated, cannot be equally enforced and thus should be removed from the Municipal
Code. Staff has spent a lot of time working on this issue with property owners. Sometimes the
issue is moot because the snow melts within 24 hours; however, there is a gray area
determining when snow has partially melted or removed. If the Committee directs staff to
continue with enforcement staff would like the ability to follow through with violation notices,
citations and administrative adjudication otherwise it would not worthwhile the City to partially
address the issue.
Staff is seeking direction from the Committee whether to completely enforce the removal of
snow and ice from public sidewalks or alternatively delete the provision requiring property
owners to remove snow and ice accumulation from public walks within 24 hours.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
y McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
MCHenr Fax:(815)363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
Posted on: November 20, 2012
Village of Lombard Reminds Residents, Business Owners of Snow& Ice on Public Sidewalk
Ordinance
Lombard ordinance requires snow removal from public sidewalks adjacent to commercial
properties.
Within 24 hours of the end of each snowstorm, public sidewalks (near the street) adjacent to
commercial properties must have a path cleared to provide safe passage so pedestrians do not
have to walk in the street. This is particularly important in areas of high pedestrian traffic
including Main Street near Glenbard East, Downtown Lombard and along Roosevelt Road.
Please get communications in place now so that the sidewalks near the street will be snow-free
throughout the winter, recommends Joan Rogers, Code Enforcement Coordinator for the
Village.
While the ordinance does not require snow removal from public sidewalks abutting residential
properties,the same hazards exist. Some people have expressed a concern regarding liability
involved in removing snow, stated Rogers, but the Illinois Snow and Ice Removal Act (745 ILCS
75/2) provides that anyone who "removes or attempts to remove snow or ice from sidewalks
abutting the property shall not be liable for any personal injuries allegedly caused by the snowy
or icy condition of the sidewalk."
Those who have sump pumps draining toward the front yard are reminded to switch the
drainage to the rear yard for the winter months to prevent icing of the sidewalks.Village code
does require those having any surface water drainage mechanisms or conduits onto a sidewalk
or street to take action to prevent icing.
Please help to keep the pedestrians of our community safe by keeping sidewalks clear of snow
and ice. If you have any questions regarding snow or ice removal, please contact Code
Enforcement at (630) 620-5749
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
MCHenr Fax:(815)363-2173
dmartin@ci.mchenry.il.us
il.us
www.ci.mchenry.il.us
City of Urbana Sidewalk Snow Removal
The Urbana City Council passed an ordinance on December 5, 2011 which requires property
owners within identified snow removal districts to clear the adjacent public sidewalk of snow
and ice. Sidewalk clearance must occur within 24 hours of a declaration made by the Public
Works Director. After a winter storm, notice that the sidewalk clearance requirements are in
effect will be issued through local media outlets and on the City's website.
For more information,view the Frequently Asked Questions below, click on the links to the
ordinance and maps,or call the Environmental Compliance Officer at Urbana Public Works
(217.384.2416).
If you wish to employ a snow removal service for sidewalk snow clearance, please consult the
local telephone directory.
Frequently Asked Questions
1. What is the purpose of this ordinance?
The goal of this ordinance is to maintain safe, passable sidewalks for the public to travel
upon, even following winter storms.
2. When is the ordinance effective?
Enforcement of the ordinance will begin January 3, 2012.
3. What does the ordinance require me to do?
Property owners are required to clear public sidewalks adjacent to all sides of their
property of snow and ice. The ordinance requires that a 48" path be cleared for the full
frontage of the property. For those property owners adjacent to an intersection or
public crosswalk, a path must be cleared to the street.This requirement is effective
after a winter storm event of 2" or greater of snow or a declared ice event.
4. How will 1 know when these requirements are effective?
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
4 McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
McHenrydmartin@ci815)che6iuy.il.us
www.ci.mchenry.il.us
The City's Public Works Director will make an official declaration and send it to all news
media outlets for announcement. Citizens can also visit the City's website for
announcements. Impacted property owners can also be added to an e-mail notice list by
contacting the Urbana Public Works Department at 217.384.2342.
5. What if it takes multiple storms to reach the 2"threshold?
The Public Works Director will make the determination of when the official declaration
will be made for property owners to begin clearing the adjacent sidewalks.
6. How much time will I have to shovel the snow or clear the ice,sleet or freezing rain?
You will have 24 hours to clear sidewalks after the public announcement by the Public
Works Director.
7. Where am I expected to put the snow?
You are expected to store the snow on your property, if possible. Otherwise, snow may
be placed in the parkway between the sidewalk and the street curb. Please bear in mind
that streets with on-street parking still need access to vehicles and parking meters. Your
help in ensuring access is appreciated. Depositing snow onto City streets is prohibited.
8. What if I can't clear off the snow,ice, sleet or freezing rain because it has become too
hard?
The ordinance requires you to spread sand, salt or other abrasive material and make a
reasonable effort to clear the walk.
9. Will the City of Urbana comply with this requirement?
Yes. The City of Urbana will clear all sidewalks adjacent to City-owned properties.
10. How much of the sidewalk do I need to clear?
You are required to clear the full width of the sidewalk, or 48 inches (4 feet), whichever
is less in width. You must clear the entire length of your property. Property owners on
corner lots are also required to shovel paths to the nearest crosswalks.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
»' 333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
Fax:(815)363-2173
McHenr dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
11. What if I am out of town when it snows or I am physically unable to shovel?
Property owners are expected to have arrangements in place to have the adjacent
sidewalk cleared if they are unable to personally attend to the matter.
12.What if the snow plow pushes snow back onto the sidewalks?
Typically the declaration to clear sidewalks will be made near the completion of street
plowing activities. However,the ordinance states that owners must maintain the
sidewalk in a reasonably clear manner after the initial clearance.
13. Does the passage of this ordinance increase civil liability?
The weight of legal authority(including the Illinois Snow and Ice Removal Act 745 ILCS
75/1) indicates that the ordinance itself imposes no additional civil liability on
individuals for shoveling snow. Like any legal question,there is no absolute answer that
fits all circumstances.
14. What areas are covered by the three snow removal districts?
See the maps or ordinance.
15. Is there some way my neighbors and I can organize to clear an area?
Yes. Individual neighborhoods, streets, districts are free to contract for the removal
system that best meets their needs.The City encourages this, however will not play a
role in organizing such groups. Interested parties may contact the Public Works
Department for a list of contractors or volunteers who are seeking to provide these
services.
16. Do other communities have this requirement?
Yes, many cities in Illinois over 25,000 in population have similar requirements, as do
cities in other Midwestern states.
17. What are the penalties?
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
MC - r Fax:(815)363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
If a person fails to clear snow, ice, sleet,or freezing rain,the City or its contractor will do
it. After the City completes the work,the property owner will be billed for the City's
cost, plus a fine and administrative costs. Fines start at$25 for a first offense and
administrative fees are set at$55.
18. Will property owners by warned before the City clears the sidewalk?
The City will provide one warning per winter storm season to each property owner
before clearing the sidewalk.A warning may come in the form of a personal visit, door
hanger,or phone call. Such a warning gives the property owner an additional 24 hour
before the City clears the sidewalk.
19. Who should people call with questions or to make a complaint?
Call the Environmental Compliance Officer at Urbana Public Works(217.384.2416)
during regular business hours.
Department of Community&
McHenry,Illinois 60050
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
Phone:(815)363-2170
McHenryFax:(815)363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
COMMUNITY DEVELOPMENT COMMITTEE MEETING
January 22, 2013
Discussion Regarding Snow and Ice Accumulation Removal
Deputy City Administrator Martin reiterated to the Committee that snow and ice removal was
discussed at the March 16, 2010, October 26, 2010 and May 17, 2011 Community Development
Committee meetings and staff was directed to enforce the provisions of Sec. 21-18 of the
McHenry Municipal Code by complaint only and keep a log of staff time associated with
enforcement.
During the winter of 2011/2012 the City experienced:
• Five major snow events between December and February which generated a total of 12
complaints;
• From the 12 complaints 92 individual properties were identified as being in violation;
• Notification was made by personal visits or letters being sent to the 92 property owners;
and
• A total of 347 tasks were completed and approximately 77 hours of staff time was
consumed to identify the properties and investigate the violations, log the information,
send notification/speak to property owners and conduct follow-up inspections.
Deputy City Administrator Martin stated staff has taken a less enforcement-oriented approach
to this issue as directed by the Committee two years ago and has tried very hard to work with
property owners. The ordinance is hard to enforce due to timing of the complaints and
temperature and weather variables on a daily basis. Enforcement also often requires a
judgment call in determining when snow has partially melted or been removed and these issues
can be a cause of questionable determination if enforcement is continued and violations go to
court. It is staffs belief that to obtain compliance and maintain the integrity of the ordinance,
violation notices and citations, if necessary, should be sent to those property owners which do
not comply.
Staff is seeking direction from the Committee whether to completely enforce the removal of
snow and ice from public sidewalks or alternatively delete the provision requiring property
owners to remove snow and ice accumulation from public walks within 24 hours.
Department of Community&
Economic Development
'Doug Martin,Deputy City Administrator
McHenry Municipal Center
d
333 Green Street
" McHenry,Illinois 60050
Phone:(815)363-2170
MCHenr Fax:(815)363-2173
vl tl dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
A brief discussion ensued. Chairman Alderman Condon opined there appears to be an unfair
advantage since commercial property owners are not given civil immunity from liability for non-
compliance with the state's snow and ice removal act and residential property owners are. She
stated she is not concerned with the staff time being used if the ordinance can actually be
enforced, which is proving to be difficult to accomplish. Chairman Alderman Condon suggested
the Committee recommend deleting the provision from the Municipal Code and use the State's
Snow and Ice Removal Act as a point of reference if complaint calls are received.
Alderman Peterson and Alderman Santi continued the discussion and expressed concern
particularly in high traffic pedestrian districts such as the downtown business districts. It was
suggested that a snow district might be established in these business areas and the business
owners could unite and produce a plan for maintaining their sidewalks, possibly in cooperation
with the McHenry Chamber of Commerce. Alderman Peterson and Alderman Santi agreed with
Chairman Alderman Condon regarding the disparity in liability for non-compliance for
commercial property owners as opposed to residential property owners.
In response to a question asked by Alderman Santi regarding what action will be taken and
what response will be given to snow complaints if the provision is abolished, Deputy City
Administrator Martin stated a letter could be mailed to the offending property owner notifying
them of the Illinois Snow and Ice Removal Act and advising them of their responsibility to clean
their sidewalks.
Motion by Peterson, seconded by Santi directing Staff to forward a recommendation to delete
the provision for snow removal ordinance from .the Municipal Code to full Council for
consideration.
Aye: Condon, Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
;1h Phone:(815)363-2170
Fax:(815)363-2173
McHenry dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin Deputy City Administrator
FOR: June 11, 2013, Community Development Committee Meeting
RE: Snow and Ice Accumulation Removal
ATT:
1. January 22, 2013 Community Development Committee Minutes
2. Appellate Court Case
3. Snow and Ice Removal Act
BACKGROUND. On January 22 of this year the topic of snow and ice removal was discussed at
the Community Development Committee. The Committee directed staff to forward a
recommendation to delete the provision for snow and ice removal from the Municipal Code to
the full Council for consideration (minutes attached). Since that meeting a local business
owner, Dave Miller, brought the attached court case to staff's attention.
ANALYSIS: The court case involves a plaintiff who files a negligence lawsuit following falling in
the parking lot at a local gas station. Initially the trial court found the gas station 75% negligent
and the plaintiff 25% negligent. The case subsequently went to the fourth district appellate
court. The defendant's argument was the snow and ice were a natural accumulation for which
it had no duty to remove, warn or protect against. The appellate court agreed and stated: "To
prove a claim of negligence, a 'plaintiff must establish the existence of a duty, a breach of the
duty, and an injury to the plaintiff was proximately caused by the breach."' The court went on
to state: "Although a property owner has no duty to remove natural accumulations, he 'may be
subject to liability if his voluntary undertaking to remove snow and ice is performed in a
negligent manner."'
Department of Community&
Economic Development
y. w, Doug Martin,Deputy City Administrator
^k a McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
McHenr Fax:(815)363-2173
dmanin@ci.mchenry.il.us
www.ci.mchenry.il.us
A court case referenced in the brief stated: "'it is unrealistic to expect property owners to keep
all areas where people may walk clear from ice and snow at all times during the winter
months."' Finally the court stated "While defendant's removal and remediation of the snow
may not have been perfect, the natural accumulation rule does not require perfection.
Otherwise, property owners would be held to an onerous burden and would most likely find it
more advantageous to forego snow-removal operations altogether. Because plaintiff's
evidence failed to show an unnatural accumulation here, defendant could not be held liable."
The trial court's judgment was reversed.
Staff spoke with Attorney McArdle about the case and he believes, in addition to its
applicability on private property, this ruling could potentially impact public property. Below is
the current City ordinance. Additionally, the Snow and Ice Removal Act is attached for the
Committee's reference. The attached court case and the Snow and Ice Removal Act use similar
language stating negligence can be found only if "the alleged misconduct was willful or
wanton."
Chapter 21, Sec. 21-18. Duty to remove deposits on sidewalks states "The owners or
occupants of all property facing on or abutting sidewalks, shall remove from any existing
sidewalk abutting their property, all accumulations of snow and ice within 24 hours after the
accumulation of such snow and ice began, and shall keep the said abutting or adjacent
sidewalks clean and free from debris and litter at all times.
Staff is seeking direction from the Committee whether to pursue the recommendation from
the January 22, 2103 Community Development Committee meeting or alternatively maintain
the snow and ice removal ordinance as-written in the municipal code.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
=a° McHenry Municipal Center
333 Green Street
t5 McHenry,Illinois 60050
Phone:(815)363-2170
Fax:(815)363-2173
McHenry dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
Discussion Regarding Snow and Ice Accumulation Removal
Deputy City Administrator Martin reiterated to the Committee that snow and ice removal was
discussed at the March 16, 2010, October 26, 2010 and May 17, 2011 Community Development
Committee meetings and staff was directed to enforce the provisions of Sec. 21-18 of the
McHenry Municipal Code by complaint only and keep a log of staff time associated with
enforcement.
During the winter of 2011/2012 the City experienced:
• Five major snow events between December and February which generated a total of 12
complaints;
• From the 12 complaints 92 individual properties were identified as being in violation;
• Notification was made by personal visits or letters being sent to the 92 property owners;
and
• A total of 347 tasks were completed and approximately 77 hours of staff time was
consumed to identify the properties and investigate the violations, log the information,
send notification/speak to property owners and conduct follow-up inspections.
Deputy City Administrator Martin stated staff has taken a less enforcement-oriented approach
to this issue as directed by the Committee two years ago and has tried very hard to work with
property owners. The ordinance is hard to enforce due to timing of the complaints and
temperature and weather variables on a daily basis. Enforcement also often requires a
judgment call in determining when snow has partially melted or been removed and these issues
can be a cause of questionable determination if enforcement is continued and violations go to
court. It is staffs belief that to obtain compliance and maintain the integrity of the ordinance,
violation notices and citations, if necessary, should be sent to those property owners which do
not comply.
Staff is seeking direction from the Committee whether to completely enforce the removal of
snow and ice from public sidewalks or alternatively delete the provision requiring property
owners to remove snow and ice accumulation from public walks within 24 hours.
A brief discussion ensued. Chairman Alderman Condon opined there appears to be an unfair
advantage since commercial property owners are not given civil immunity from liability for non-
compliance with the state's snow and ice removal act and residential property owners are. She
stated she is not concerned with the staff time being used if the ordinance can actually be
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
McuPy�y Fax:(815)363-2173
e !1 dmartin@ci.mchenry.il.us
01W W ly www.ci.mchenry.il.us
enforced,which is proving to be difficult to accomplish. Chairman Alderman Condon suggested
the Committee recommend deleting the provision from the Municipal Code and use the State's
Snow and Ice Removal Act as a point of reference if complaint calls are received.
Alderman Peterson and Alderman Santi continued the discussion and expressed concern
particularly in high traffic pedestrian districts such as the downtown business districts. It was
suggested that a snow district might be established in these business areas and the business
owners could unite and produce a plan for maintaining their sidewalks, possibly in cooperation
with the McHenry Chamber of Commerce. Alderman Peterson and Alderman Santi agreed with
Chairman Alderman Condon regarding the disparity in liability for non-compliance for
commercial property owners as opposed to residential property owners.
In response to a question asked by Alderman Santi regarding what action will be taken and
what response will be given to snow complaints if the provision is abolished, Deputy City
Administrator Martin stated a letter could be mailed to the offending property owner notifying
them of the Illinois Snow and Ice Removal Act and advising them of their responsibility to clean
their sidewalks.
Motion by Peterson, seconded by Santi directing Staff to forward a recommendation to delete
the provision for snow removal ordinance from the Municipal Code to full Council for
consideration.
Aye: Condon,Santi, Peterson
Nay: None.
Absent: None.
Motion carried.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
w� McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
Fax: (815)363-2173
McHenry dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
COMMUNITY DEVELOPMENT COMMITTEE MEETING
June 11,2013
Discussion Regarding Snow and Ice Removal
Deputy City Administrator Martin reiterated to the Committee that on January 22, 2013 the
topic of snow and ice removal was discussed at the Community Development Committee
meeting. The Committee, at that time, directed Staff to forward a recommendation to delete
the provision for snow and ice removal from the Municipal Code and to present the
recommendation to full Council for consideration. Since the meeting in January, a local business
owner, Dave Miller, brought to the attention of Staff a court case he believed was pertinent to
the topic.
Deputy City Administrator Martin informed the Committee that the court case involves a
plaintiff who files a negligence lawsuit following a fall in the parking lot at a local gas station.
Initially,the trial court found the gas station 75% negligent and the plaintiff 25%negligent.The
case subsequently went to the Fourth District Appellate Court. The defendants argued that the
snow and ice were a natural accumulation,for which it had no duty to remove, warn or protect
against.The Appellate Court agreed and stated: "To prove a claim of negligence, a 'plaintiff
must establish the existence of a duty, a breach of duty, and an injury to the plaintiff was
proximately caused by the breach."'The Court went on to state: "Although a property owner
has no duty to remove natural'accumulations, he 'may be subject to liability if his voluntary
undertaking to remove snow and ice is performed in a negligent manner."
A case referenced in the Court's brief stated: 'it is unrealistic to expect property owners to
keep all-areas where people may walk clear from ice and snow at all times during the winter
months. " Finally,the Court stated: "While defendant's removal and remediation'ofthe snow
may now have been perfect,the natural accumulation rule does not require perfection.
Otherwise, property owners would be held to an onerous burden and would most likely find it
more advantageous to forego snow removal operations altogether. Because plaintiff's evidence
failed to show an unnatural accumulation here, defendant could not be held liable."The trial
court's judgment was reversed.
Staff has spoken with the City Attorney, David'M-cArdle, regarding the case. He believes, in
addition to its applicability on private property,this ruling could potentially affect public
property. Deputy City Administrator Martin provided'the Committee with the current City
ordinance and also provided the Snow and Ice Removal Act, 745 ILCS 75.The verbiage in the
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
. . 333 Green Street
McHenry,Illinois 60050
�j y�y Phone:(815)363-2170
Mc e !1 dmartin@X•c.mche63-2m'Y• 1.us
www.ci.mchenry.il.us
court case and the Snow and Ice Removal Act use similar language stating: negligence can be
found only if"the alleged misconduct was willful or wanton."
Staff is seeking direction from the Committee regarding whether to pursue the original
recommendation from January 22, 2013 from the Community Development Committee or,
alternatively, maintain the snow and ice removal Ordinance as written in the Municipal Code.
Chairman Alderman Condon opined there is more strength in following a state mandate.
Following a brief discussion, it was the consensus of the Committee to proceed with the
recommendation to delete the provision for snow and ice removal from the Municipal Code
and to submit the recommendation to the full Council for consideration.
ILLINOIS OFFICIAL REPORTS
Appellate Court
Barber v G.J. Partners,Inc.,2012 IL App (4th) 110992
Appellate Court ANNETTE BARBER,Plaintiff-Appellee,v. G.J. PARTNERS,INC.,
Caption Defendant-Appellant.
District&No. Fourth District
Docket No.4-11-0992
Argued July 10,2012
Filed August 22,2012
Held The accumulation of snow and ice on the parking lot at defendant's
(Note: This syllabus convenience store where plaintiff fell was a natural accumulation,
constitutes no part of regardless of the fact that the area had been plowed and salted, and
the opinion of the court defendant was not subject to liability for failing to remove the
but has been prepared accumulation.
by the Reporter of
Decisions for the
convenience of the
reader.)
Decision Under Appeal from the Circuit Court of Vermilion County, No. 08-L-36; the
Review Hon. Michael D. Clary,Judge,presiding.
Judgment Reversed and remanded with directions.
Counsel on Richard A.Chapin(argued),of Chapin&Long,P.C.,of Champaign,for
Appeal appellant.
Mario C.Palermo(argued),of Woodruff,Johnson&Palermo,of Aurora,
for appellee.
Panel PRESIDING JUSTICE TURNER delivered the judgment of the court,
with opinion.
Justices Appleton and Knecht concurred in the judgment and opinion.
OPINION
¶ 1 In September 2008,plaintiff,Annette Barber, filed an amended negligence complaint
against defendant,G.J.Partners,Inc., following a fall with injury at a Danville gas station.
In August 2011, a jury found in plaintiff's favor and awarded damages in the amount of
$496,609.67,before reducing it to$372,457.25, which represented the jury's allocation of
plaintiff's negligence in the amount of 25%.
12 On appeal,defendant argues the trial court erred in refusing to enter judgment in its favor
as it had no duty to remove,warn,or protect against a natural accumulation of snow or ice.
We reverse and remand with directions.
13 I.BACKGROUND
14 In September 2008,plaintiff filed an amended negligence complaint against defendant
for injuries suffered in a fall at defendant's gas station on February 16,2007.The complaint
alleged defendant failed to properly maintain its premises by allowing snow to be piled into
an unnatural accumulation near its lined parking spaces, failed to warn plaintiff of the
dangerous condition of its premises,and failed to adequately inspect the premises to prevent
an unnatural accumulation of snow. Plaintiff alleged defendant's negligent acts and/or
omissions caused her to trip and fall on the piled up snow adjacent to the customer parking
spaces on defendant's premises. Plaintiff claimed she suffered serious and permanent
personal injuries.
15 In June 2009, defendant filed a motion for summary judgment, claiming no evidence
showed the accumulation of ice upon which plaintiff slipped was an unnatural accumulation
or that it posed an unreasonable risk of harm to people on the property.In July 2009,the trial
court denied the motion. In April 2010, plaintiff filed her second amended complaint. In
August 2010,defendant filed a motion for summary judgment,which the court denied.
¶6 In August 2011,a jury trial was conducted.Alice Hoskins testified she was an assistant
manager at the BP gas station in February 2007. She stated the normal procedure in wintery
-2-
conditions was to have someone plow the parking lots and have employees"put salt down
on the metal plates out in the front,because they were slick."The two metal plates allowed
access to gauges beneath the parking lot surface.A photo of one of the plates indicates it was
approximately 45 inches in diameter.The face of the plate appears to be approximately one-
half inch below the surface of the parking lot. The plates were near the front entrance to the
convenience store.
17 Since the metal plates were not level with the ground, Hoskins stated the snowplows
would fill or pack the plates with snow.After the snowplow was finished,employees would
try to scrape the metal plates with a shovel and put salt or chemicals down.Hoskins stated
the salt would have little or no effect when the temperature was below 28 degrees Fahrenheit.
At that temperature or below, the salt"might melt just a little bit," like the top layer, and
employees would"take a shovel and chip [the snow] away,if[they] could."When the top
layer melted, a "slushy layer"would develop and vehicles running over the plate "would
pack[the snow] down and you couldn't hardly do anything with it."Prior to February 16,
2007, Hoskins had slipped and fallen while going over the metal plates. She also had
customers tell her the plates were slick.Hoskins stated she would mention to customers that
the plates could be slick and for them to be careful. She also stated the station had cones but
they were hardly ever used.
18 Danielle Osmundson's testimony was presented by her videotaped evidence deposition.
She testified she worked at the BP gas station on February 16,2007,and there was snow on
the ground. During snowy conditions, employees were to clear the sidewalks and near the
gas pumps.Both a shovel and salt were available. On the date in question,the snowplows
had cleared snow from the lot. Osmundson stated the metal plates were"troublesome,"as
they"were always covered in ice and snow and very slippery."With the plates being slightly
below ground, it was common for the snowplows to leave snow and ice on the them.
Osmundson stated she would warn customers about the metal plates and tell them to be
careful.Because the snowplow had left snow and/or ice on the metal plates,Osmundson and
her boyfriend put salt down on the plates on the morning of plaintiff's fall.Approximately
20 to 30 minutes later,plaintiff parked her truck on top of a metal plate.Osmundson believed
ice on the metal plate caused plaintiff to fall.
¶9 Plaintiff testified that on February 16,2007,she and her husband drove from Champaign
to Danville.With there being a snowstorm in the area a couple of days before,plaintiff stated
it was "snowy out everywhere"but the roads were clear. She pulled into the gas station
parking lot and"it looked like it had been cleaned."When she exited the vehicle,she stepped
down,slipped,and broke her foot.After she was helped back into her truck,she looked down
and noticed a circular spot of ice. As a result of her injury, plaintiff had to undergo three
surgeries. She was unable to return to work as a certified nursing assistant and"couldn't get
outside to do things [she] used to do."
¶10 On cross-examination,plaintiff testified she did not know whether she fell on the metal
plate or the concrete, stating it was "a gray spot." She agreed that she testified in her
discovery deposition that she did not look down before exiting the truck. She also testified
in her deposition that she did not slip on a metal cover but thought it was ice on top of
concrete.
-3-
¶11 The parties stipulated to plaintiff's medical bills.Plaintiff then rested.Defendant moved
for a directed verdict, which the trial court denied. Defendant's evidence consisted of
certified copies of weather records for February 2007.The temperature was near zero at the
time of plaintiff's fall. Defendant then filed a motion for directed verdict at the close of all
the evidence, arguing the snow and ice was a natural accumulation and defendant had no
duty to warn or protect plaintiff from such an accumulation. The court denied the motion.
¶ 12 Following closing arguments,the jury found in plaintiff's favor.The jury listed the total
amount of damages as $496,609.67, based on medical expenses of$75,276.33, pain and
suffering of$250,000, lost earnings of$21,333.34, and loss of a normal life in the amount
of$150,000. After finding plaintiff 25% negligent, the jury reduced the total award to
$372,457.25.
¶ 13 In September 2011,defendant filed a motion for judgment notwithstanding the verdict,
claiming there was no evidence to show defendant caused or contributed to the creation of
an unnatural accumulation of snow or ice upon which plaintiff fell.In October 2011,the trial
court denied the motion.This appeal followed.
¶ 14 H.ANALYSIS
¶ 15 A. Standard of Review
¶ 16 Defendant argues the trial court erred in failing to direct a verdict in its favor at the close
of plaintiff's case and at the close of all the evidence and/or in failing to enter judgment
notwithstanding the verdict."`[V]erdicts ought to be directed and judgments n.o.v. entered
only in those cases in which all of the evidence,when viewed in its aspect most favorable
to the opponent, so overwhelmingly favors movant that no contrary verdict based on that
evidence could ever stand.' " Jablonski v. Ford Motor Co., 2011 IL 110096, ¶ 88, 955
N.E.2d 1138(quoting Pedrick v.Peoria&Eastern R.R. Co.,37111.2d 494,510,229 N.E.2d
504, 513-14 (1967)). `Because the standard for entry of judgment n.o.v. `is a high one'
[citation],judgment n.o.v.is inappropriate if`reasonable minds might differ as to inferences
or conclusions to be drawn from the facts presented.'[Citation.]"York v.Rush-Presbyterian-
St.Luke's Medical.Center,222111. 2d 147, 178,854 N.E.2d 635,652(2006).As a question
of law is involved,review of a trial court's decision denying a motion for judgment n.o.v. is
de nova. York,222 Ill. 2d at 178, 854 N.E.2d at 652; see also Lawlor v. North American
Corp. offllinois,409111.App. 3d 149, 161,949 N.E.2d 155, 170(2011)(de novo standard
is utilized when reviewing a trial court's denial of motions for directed verdict and for
judgment n.o.v.).
¶ 17 B.Natural Accumulation Rule
¶ 18 Defendant argues the condition in the parking lot causing plaintiff s fall was a natural
accumulation for which it owed plaintiff no duty.We agree.
¶ 19 To prove a claim of negligence, "a plaintiff must establish the existence of a duty,a
breach of the duty,and an injury to the plaintiff that was proximately caused by the breach."
Yancura v. Katris, 238 Ill. 2d 352, 373, 939 N.E.2d.328, 342(2010). "Under the natural
-4-
accumulation rule,a landowner or possessor'of real property has no duty to remove natural
accumulations of ice, snow, or water from'its property." Krywin v. Chicago Transit
Authority, 23`8 Ill: 2d 215, 227, 938 N.E.2d 440, 447 (2010). Even when landowners
voluntarily remove snow, they do not owe a duty to remove natural accumulations of ice
underneath the snow. Koziol v. Hayden, 309 Ill. App. 3d 472, 476, 723 N.E.2d 321, 324
(1999); see also Endsley v. Harrisburg Medical Center, 209 Ill. App. 3d 908, 910, 568
N.E.2d 470, 471 (1991) ("The mere removal of snow which may leave a natural ice
formation on the premises does not constitute negligence.").
¶20 Along with snow removal operations like shoveling and plowing,"[t]he mere sprinkling
of salt, causing ice to melt, although it may later refreeze, does not aggravate a natural
condition so as to form a basis for liability on the part of the property owner."Harkins v.
System Parking,Inc., 186 Ill.App.3d 869,873,542 N.E.2d 921,924(1989);Lewis v. W.F.
Smith & Co., 71 Ill. App. 3d 1032, 1038, 390 N.E.2d 39, 43 (1979). "Ruts and uneven
surfaces created by traffic in snow and ice are not considered unnatural and cannot form the
basis for liability."Harkins, 186 Ill.App. 3d at 872, 542 N.E.2d at 924.
121 Although a property owner has no duty to remove natural accumulations, he "may be
subject to liability if his voluntary undertaking to remove snow and ice is performed in a
negligent manner."Judge-Zeit v. General Parking Corp., 376 Ill. App. 3d 573, 581, 875
N.E.2d 1209, 1216(2007).Liability may arise if the snow or ice"accumulated because the
owner either aggravated a natural condition,or engaged in conduct which created a new,
unnatural or artificial condition." Whittaker v. Honegger, 284 Ill. App. 3d 739, 743, 674
N.E.2d 1274, 1276(1996).
¶22 In the case sub judice,defendant argues the only evidence was that the snow or ice in the
parking lot was a natural accumulation from a prior snowstorm. Further,defendant claims
the snow or ice on the metal plate remained after the lot had been plowed and salt had been
sprinkled in the vicinity. Thus, defendant claims it cannot be held liable under the natural
accumulation line of cases.
¶23 Here,the snow event that fell on,the Danville area created a natural accumulation in
defendant's parking lot.To help remedy the situation,an independent contractor plowed the
lot and Osmundson and her boyfriend put salt down on the metal plates. We find the facts
of this case fall under the natural accumulation rule.
¶24 In support.of the jury verdict, however,=plaintiff contends defendant's snow removal
efforts created an unnatural accumulation on the metal plates that contributed to her fall.We
find the""salting",aspect of the natural accumulation rule instructive.As stated,"[t]he mere
sprinkling of salt,causing ice to melt, although it may later refreeze, does not aggravate a
natural condition so as to form a basis for liability on the part of the property owner."
Harkins, 186 Ill.App.3d at 873,542 N.E.2d at 924;see,also Riecitelli v. Sternfeld, 1111.2d
133,136-37, 115 N.E.2d 288,290(1953)(finding no liability where the defendant shoveled,
an alternate thaw and freeze caused snow to melt, run onto sidewalk and freeze, and the
defendant applied rock salt).The application of salt to an accumulation of snow and/or ice
causes a change in the composition of the wintery mix.If the melted material refreezes,the
composition will again change and form a new accumulation,one that the case law does not
-5-
consider unnatural. The same can be said in regard to plowing operations. A snowplow
traversing a snowy parking lot, and even over a recessed metal plate as in this case, may
change the composition of what is below the plow,but what remains does not amount to an
unnatural accumulation.See Scott&White Memorial Hospital v.Fair,310 S.W.3d 411,419
(Tex.2010)(staring"salting,shoveling,or applying deicer to a natural ice accumulation does
not transform it into an unnatural one").As a natural accumulation resulted from defendant's
plowing and salting,defendant had no duty to remove it and could not have been liable for
plaintiff's injuries.
125 We note shoveling and plowing snow-covered parking lots, along with salting ice-
covered walkways,are desirable actions in this part of the country during the winter months.
See Riccitelli, 1 Ill. 2d at 137, 115 N.E.2d at 290. But rarely can such remedial operations
be done perfectly.See Ordman v.Dacon Management Corp.,261 Ill.App.3d 275,281,633
N.E.2d 1307, 1311-12(1994)(stating"it is unrealistic to expect property owners to keep all
areas where people may walk clear from ice and snow at all times during the winter
months"). Moreover, requiring such perfection would cause an unreasonable burden on
property owners in this state. See Kellermann v. Car City Chevrolet-Nissan, Inc., 306 Ill.
App. 3d 285,290,713 N.E.2d 1285, 1289(1999)(noting"courts have consistently found it
an unreasonable burden for a business to keep small areas such as parking lots, sidewalks,
and entryways safe from naturally accumulated snow and ice"). To hold a property owner
liable in these situations, absent certain circumstances, "would place the defendant in the
position of an absolute insurer of the safety of its business invitees contrary to the settled law
of our state."Zide v.Jewel Tea Co., 39 Ill.App.2d 217,227, 188 N.E.2d 383,388(1963).
¶26 In this case, defendant took steps to clear the parking lot. Such actions are to be
encouraged. While defendant's removal and remediation of the snow may not have been
perfect, the natural accumulation rule does not require perfection. Otherwise, property
owners would be held to an onerous burden and would most likely find it more advantageous
to forego snow-removal operations altogether. Because plaintiff's evidence failed to show
an unnatural accumulation here, defendant could not be held liable. Therefore,judgment
notwithstanding the verdict should have been granted.
¶27 III. CONCLUSION
¶28 For the reasons stated,we reverse the trial court's judgment and remand with directions
to set aside the verdict and judgment entered thereon and enter judgment for defendant.
129 Reversed and remanded with directions.
-6-
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
McHenry Municipal Center
a 333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
Fax:(815)363-2173
McHenry dmartin@ci.mchenry.il.us
SAW www.ci.mchenry,iI.us
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin Deputy City Administrator
FOR: August 5, 2013, Regular City Council Meeting
RE: Snow and Ice Accumulation Removal
ATT:
1. January 22, 2013 Community Development Committee Minutes
2. June 11, 2013 Community Development Committee Minutes
3. Ordinance amending Chapter 21 of the Municipal Code
4. Appellate Court Case
5. Snow and Ice Removal Act
BACKGROUND. The topic of snow and ice removal was discussed at several past Community
Development Committee meetings in 2010 and 2011. The Committee directed staff to enforce
the provisions of Sec. 21-18 of the McHenry Municipal Code by complaint only and keep a log of
staff time associated with enforcement. Below is the current City ordinance.
Chapter 21, Sec. 21-18. Duty to remove deposits on sidewalks states "The owners or
occupants of all property facing on or abutting sidewalks, shall remove from any existing
sidewalk abutting their property, all accumulations of snow and ice within 24 hours after the
accumulation of such snow and ice began, and shall keep the said abutting or adjacent
sidewalks clean and free from debris and litter at all times.
On January 22 of this year the Community Development Committee considered the issue again
and discussed staffs concern that the provision is antiquated, cannot be equally enforced and
thus should be removed from the Municipal Code. At the January meeting The Committee
directed staff to forward a recommendation to delete the provision for snow and ice removal
from the Municipal Code to the full Council for consideration (minutes attached).
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
„# y McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Phone:(815)363-2170
McHenry dmartFax:(815)363-2173
in@ci.mchenry.il.us
www.ci.mchenry.il.us
Since that meeting a local business owner, Dave Miller, brought the attached appellate court
case to staffs attention. Staff brought the case to the Community Development Committee for
consideration at their June 11, 2013 meeting.
ANALYSIS: The court case involves a plaintiff who files a negligence lawsuit following falling in
the parking lot at a local gas station. Initially the trial court found the gas station 75% negligent
and the plaintiff 25% negligent. The case subsequently went to the fourth district appellate
court. The defendant's argument was the snow and ice were a natural accumulation for which
it had no duty to remove, warn or protect against. The appellate court agreed and stated: "To
prove a claim of negligence, a 'plaintiff must establish the existence of a duty, a breach of the
duty, and an injury to the plaintiff was proximately caused by the breach."' The court went on
to state: "Although a property owner has no duty to remove natural accumulations, he 'may be
subject to liability if his voluntary undertaking to remove snow and ice is performed in a
negligent manner."'
A court case referenced in the brief stated: "'it is unrealistic to expect property owners to keep
all areas where people may walk clear from ice and snow at all times during the winter
months."' Finally the court stated "While defendant's removal and remediation of the snow
may not have been perfect, the natural accumulation rule does not require perfection.
Otherwise, property owners would be held to an onerous burden and would most likely find it
more advantageous to forego snow-removal operations altogether. Because plaintiff's
evidence failed to show an unnatural accumulation here, defendant could not be held liable."
The trial court's judgment was reversed.
Staff spoke with Attorney McArdle about the case and he believes, in addition to its
applicability on private property, this ruling could potentially impact public property.
Additionally, the Snow and Ice Removal Act is attached for the Council's reference. The
attached court case and the Snow and Ice Removal Act use similar language stating negligence
can be found only if"the alleged misconduct was willful or wanton."
COMMUNITY DEVELOPMENT COMMITTEE: The Community Development Committee
discussed the attached court case and decided to proceed with their original recommendation
to delete the provision for snow and ice removal from the Municipal Code and.to submit the
recommendation to the full Council for consideration.
w,.
Department of Community&
Economic Development
Doug Martin,Deputy City Administrator
Fa, McHenry Municipal Center
X � 333 Green Street
McHenry,Illinois 60050
Phone: (815)363-2170
Fax: (815)363-2173
McHenrdmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
If the City Council concurs with the Community Development Committee it is recommended
the attached ordinance deleting the provision for snow and ice removal in the municipal code
be approved.
Regular Meeting
Page g
August 5,2013
Motion by Condon, seconded by Santi, approving the Ordinance amending Municipal
Code Chapter 6,Animals and Fowl.
Voting Aye: Santi,Glab, Blake,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer
Motion carried.
COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE DELETING MUNICIPAL CODE
CHAPTER 21,ARTICLE I,SECTION 21-18 DUTY TO REMOVE DEPOSITS ON SIDEWALKS
Deputy City Administrator Martin informed Council that the topic of snow and ice
removal was discussed at several meetings of the Community Development Committee in 2010
and 2011. The Committee directed Staff to enforce the provisions of Sec. 21-18 of the
Municipal Code by complaint only and to keep a log of Staff time associated with enforcement.
On January 22, 2013, the Community Development Committee again considered the
issue and Staff's concerns that the provision is antiquated, cannot be equally enforced and
thus, should be removed from the Municipal Code as discussed. At the January meeting the
Committee directed Staff to forward a recommendation to delete the provision for snow and
ice removal from the Municipal Code to full Council for consideration.
Deputy City Administrator Martin stated that since the January 2013 meeting, a local
business owner, Dave Miller, brought to Staff's attention an appellate court case involving a
plaintiff who filed a negligence suit following falling in the parking lot at a local gas station. The
defendant argued that the snow and ice the plaintiff slipped on was a natural accumulation for
which it had no duty to remove, warn or,protect against. The appellate court agreed with
defendant. The Community Development,Committee discussed the court case and it was their
decision to proceed with their original recommendation to delete the provision for snow and
ice removal from the Municipal Code and to submit the recommendation to Council
Motion,by Santi,,,�econded by. Wimmer, approving the Ordinance deleting Municipal
Code Chapter 21,Article I,Sec. 21-18 Duty to Remove Deposits on Sidewalks.
Voting Aye: Santi, Glab, Blake,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer
Motion carried. .
MAYOR STATEMENT AND REPORTS
Mayor Low congratulated the Noon Rotary Club of. McHenry for a successful Blues,
Brews& Bar-b-que event in Petersen Park this weekend.