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Home My WebLink AboutItem 09 Proposed Amendment of the Springfield Municipal Code 4.428 AGENDA ITEM SUMMARY Meeting Date: 9/16/2013 Meeting Type: Regular Meeting Staff Contact/Dept.: Kim Singleton, DPW Staff Phone No: 726-3626 Estimated Time: 10 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality ITEM TITLE: PROPOSED AMENDMENT OF THE SPRINGFIELD MUNICIPAL CODE 4.428. ACTION REQUESTED: Hold a public hearing for the first reading of the following Ordinance: AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE, CHAPTER 4, GARBAGE AND REFUSE, TO ELIMINATE DISCREPENCIES EXISTING BETWEEN ILLICIT DISCHARGE, SECTION 4.372, AND DEPOSIT OF REFUSE UPON PROPERTY OF ANOTHER OR UPON PUBLIC PROPERTY, SECTION 4.428, TO ENSURE PROPER HANDLING OF SIDEWALK DIRT AND DEBRIS AND ADOPTING A SEVERABILITY CLAUSE. ISSUE STATEMENT: The final sentence of Springfield Municipal Code (SMC) Section 4.428 permits citizens to dispose of dirt and debris accumulated on sidewalks into the public right-of-way. This practice is a hindrance to Operations staff and in conflict with SMC 4.372 and SMC 5.272, which prohibit disposal of such debris into the public right-of-way and stormwater management system. ATTACHMENTS: 1. Ordinance Amending SMC Chapter 4 2. SMC 4.428, including proposed deletion 3. SMC 4.372 4. SMC 5.272 DISCUSSION/ FINANCIAL IMPACT: City staff has discovered a discrepancy between SMC 4.428 and Municipal Codes 4.372 and 5.272. Currently, SMC 4.428 permits the sweeping of dirt and debris from sidewalks into the public right-of-way, while SMC 4.372 (3) states “No person in charge shall place or cause to be placed a substance which is harmful to or has a tendency to clog any city stormwater management system or permit such substance in the control of such person to enter the city stormwater management system.” When introduced to the stormwater management system, dirt and debris have the potential to clog public infrastructure, creating localized flooding and requiring Operations Division crews to leave other necessary tasks to respond. Dirt and debris can also reduce water quality and harm aquatic life, such as fish and invertebrates. SMC 5.272 states “Except as provided in sections 3.200 to 3.310, no person shall place or deposit upon any street, alley, sidewalk, bike path, parking lot or any other public way, any substance tending to mar the appearance, or to detract from the cleanliness or safety of the street, alley, sidewalk, bike path, parking lot or other public way.” The current code language is a source of confusion for citizens, and staff may be unable to enforce necessary sections of SMC 4.372 in order to address situations of larger- scale deposition of dirt and debris into public streets. Adoption of the proposed Ordinance would remove the sentence from SMC 4.428 which allows this practice, creating a clear and consistent message to citizens and City staff regarding the handling of dirt and debris on sidewalks. The proposed SMC amendment has been reviewed and approved by the City’s Operations Division, Code Enforcement group, Environmental Services Division staff, and the Office of the City Attorney. AT T A C H M E N T 1 Pa g e 1 o f 2 AT T A C H M E N T 1 Pa g e 2 o f 2 ATTACHMENT 2 Page 1 of 1 CURRENT SMC TEXT AND PROPOSED AMENDMENT Note: Language proposed to be deleted is shown as: [strike through]. 4.428 Deposit of Refuse Upon Property of Another or Upon Public Property It shall be unlawful for any person to throw, dump, place, deposit or drain, or permit to be drained upon the land or property of another, without the permission of the owner, or upon any public property, road, highway, street, alley or any easement used by the public, any cans, glass, nails, tacks, broken dishes or crockery, carcass of any dead animal, old clothing, old automobile tires or parts, boards, metal or any sort of garbage, rubbish, trash, debris, or refuse, or any sewage or the drainage from any cesspool or septic tank, or any substance which would mar the appearance, create a stench or detract from the cleanliness or safety of such property, public or private, road, highway, street, alley or easement. It shall further be unlawful for any person to place any of the foregoing materials in any receptacle for such materials belonging to or upon the land of another without the consent of the owner of the land and receptacle. [Nothing herein shall be construed as prohibiting the sweeping such dirt and debris as is accumulated upon the sidewalks from the pedestrians using the same into the public right-of-way for public sweeping or collection.] ATTACHMENT 3 Page 1 of 2 CURRENT SMC TEXT 4.372 Illicit Discharge (1) No person in charge shall discharge, or cause to be discharged, any substance into the city stormwater system if the discharge poses a threat to health, safety, public welfare, or the environment, or is otherwise prohibited by law. The director may withdraw approval to discharge if the director determines that a discharge poses a threat to health, safety, public welfare, or the environment, or is otherwise prohibited by law. (2) No person in charge shall allow an illicit discharge from his or her premises to flow out, on or into a stormwater management system. (3) No person in charge shall place or cause to be placed a substance which is harmful to or has a tendency to clog any city stormwater management system or permit such substance in the control of such person to enter the city stormwater management system. (4) Every establishment or place where the substances prohibited in subsection (3) above are or may be produced is hereby required to install such necessary catch basin traps or other devices for the purpose of preventing such substance from entering the city stormwater management system. Where the director reasonably believes that any such substance may be produced, the director may require any person in charge to furnish, to the city of Springfield, plans prepared by an Oregon registered engineer showing the proposed method of elimination. Such device shall be approved by the director only if tests and subsequent engineering data establish that a desirable standard of removal is produced. (5) No person in charge shall allow stormwater to flow out on or under a public way in a manner that creates a hazard for those lawfully using the public way or that creates a hazard within the city stormwater management system. (6) Failure to comply with this section shall be cause for a person in charge to be subject to enforcement procedures set forth in Springfield Municipal Code Chapter 5. The imposition of a penalty does not relieve a person in charge of the duty to abate the illicit discharge. [Section 4.372 added by Ordinance No. 6256, enacted June 7, 2010.] See Page 2 for Definitions → ATTACHMENT 3 Page 2 of 2 4.370 Definitions. Director. The director of public works or duly authorized representative. Illicit Discharge. Any discharge to the city stormwater management system that is not composed entirely of stormwater, or as determined by the federal Environmental Protection Agency Storm Water Phase II Final Rule, as it may be modified from time to time, with the following exceptions: • Lawful discharges from National Pollution Discharge Elimination System permitted industrial sources; • Fire fighting activities; • Water line flushing; • Landscape irrigation; • Diverted stream flows; • Rising groundwater; • Uncontaminated groundwater infiltration; • Uncontaminated pumped groundwater; • Discharges from potable water sources; • Foundation drains; • Air conditioning condensation; • Irrigation water; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing; • Flows from riparian habitats and wetlands; • Dechlorinated swimming pool discharges; • Street wash water. Person in Charge. See Springfield Municipal Code section 1.105 “Definitions.” Stormwater. Water derived from a storm event or conveyed through a stormwater management system. Stormwater Management System. The structures, facilities, and practices utilized by the city and/or a development to control and manage the quantity and quality of groundwater discharges and surface water run-off, including stormwater run-off, non-storm generated run-off and floodwaters. [Section 4.370 added by Ordinance No. 6256, enacted June 7, 2010.] ATTACHMENT 4 Page 1 of 1 CURRENT SMC TEXT 5.272 Injurious, Unsightly Substances on Streets, Alleys, Sidewalks, Bike Paths, Parking Lots and Other Public Ways Except as provided in sections 3.200 to 3.310, no person shall place or deposit upon any street, alley, sidewalk, bike path, parking lot or any other public way, any substance tending to mar the appearance, or to detract from the cleanliness or safety of the street, alley, sidewalk, bike path, parking lot or other public way. Failure to comply with this section is a civil infraction pursuant to the Springfield Municipal Code and punishable pursuant to SMC sections 5.600 to 5.626. [Section 5.272 amended by Ordinance No. 6169, enacted May 15, 2006.]