The Lansing City Council’s vote for a new snow/ice removal ordinance raises at least one question in my mind:
What happens when the city itself violates its new ordinance.
According to the language posted in the council’s meeting
packet, the ordinance says:
“No person shall place or cause to be placed ice or snow upon a right-of-way so as to impair vehicular or pedestrian traffic.”
OK, as Lansing residents know, it’s not an uncommon event for a city plow to unintentionally throw snow and ice off a street and on to the adjacent sidewalk. In that case, will the city cite itself? If so, who would pay the resulting tab?
Do we dock Chad Gamble, head of public services? Do we hit Mayor Virg Bernero’s wallet? Or do we assign a prorated portion of the fee to each member of the City Council?
I have a question on this in to City Attorney Brigham Smith. I’ll forward his answer when it comes in.
UPDATE: That was fast. Within minutes of me posting, Smith had an answer on this, which I reproduce below in its entirety:
"The starting (and ending) point is that the City already has a policy calling for it to clear public sidewalks within 24 hours, which is much more stringent than the ordinance, under which people have up to 5 days to clear their own sidewalks before the City intercedes. To say that the City is not holding itself to the same standard it holds its citizens is correct: The City holds itself to a higher standard.
"Beyond the fact that the City already has a policy in place that is more stringent than the ordinance, enforcing the ordinance against itself would be legally problematic for a number of reasons. First, the City is a municipal corporation, not a "person" as that term is used in the ordinance. Second, even if it were a "person" under the ordinance, the enforcement mechanism would be something out of a Lewis Carroll novel. Should the City fine itself? If so, how? If it fails to pay the "fine," does the fine go as a lien against the City? If so, how? The City is a tax-exempt entity; there are no means to place a tax lien against the City, let alone for the City to collect such a lien against itself.
"While these are (perhaps) interesting legal questions, the practical fact remains that the City's policy already requires more of the City than the ordinance requires of its citizens. Hope this helps."
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