Troy amends sidewalk ordinance


$20 fine to replace misdemeanor charge; third reading Dec. 16

By Melanie Yingst - Miami Valley Today



TROY — The majority of the discussion at Troy City Council on Monday centered on the pending legislation of clearing of sidewalks and streets.

Council members Robin Oda and Tom Kendall were not present at the meeting.

The resolution regarding residents’ duties to keep sidewalks clear will go to a third reading at the Dec. 16 meeting.

Council member Bobby Phillips made a motion to amend the ordinance following a committee meeting on Nov. 26. The amended ordinance removes the criminal misdemeanor charge and, instead, allows the city to issue tickets and/or fines to violators like a parking ticket. The revision also is proposed to include, “No person shall dump, discharge, sweep or other wise deposit grass, yard, or lawn clippings onto any public street.”

The committee report also states while placing snow and grass in the public right-of-way can create unsafe conditions, it will continue to be the intent of the city to discuss with residents the need for compliance and only issue tickets if and when a resident refused to comply.

Resident Lester Conard said, “It seems to me you’ve figured out a way to make money off people again — let’s fine them. I just don’t understand this town.”

Council member Todd Severt responded by stating, once the ordinance is passed, residents will first receive a warning, and if a resident fails to comply, a $20 ticket may be issued. Severt said council was de-criminalizing the ordinance, which is currently classified as a misdemeanor offense with up to $250 in fines and court costs.

“What we did was take away the criminalization of the conduct and made it more user-friendly so that we can issue warnings to people to say, ‘Hey don’t throw your stuff out in the street, the next time you’re going to get a ticket,’” Severt said.

Resident Deb Pike asked questions concerning how the city determines which roads are plowed first. Director of Public Service and Safety Patrick Titterington said the city first plows its 153.4 lane miles of primary streets, major thoroughfares such as Main Street, Market Street and all bridges. Then the city clears 37 lane miles of secondary streets before moving on to residential neighborhoods and cul-de-sacs, which includes 106.5 miles of plowing.

A detailed list of priority for plowing is available under the street department section of the city’s website at www.troyohio.gov.

Phillips also noted the suggestion of compiling a list of volunteers to help clear sidewalks was not discussed at the Nov. 26 meeting. Titterington said such a list would be better compiled by an outside entity or service organization, rather than the city.

Resident Aimee Shannon later suggested the Care Givers organization would be a good fit to help with the effort.

The following resolutions were approved Monday:

• A resolution to authorize 2020 funding to Troy Main Street, Inc. at a cost of $55,000.

• A resolution to authorize 2020 funding to Troy Recreation Association, Inc., at a cost of $29,000.

• A resolution to authorize 2020 funding to Troy Development Council, at a cost of $125,000.

• A resolution to authorize legal services by assistant law directors, which is a resolution in regard to city Law Director Grant Kerber continuing to practice with the law firm Shipman Dixon and Livingston and use the clerical duties of the law firm for non-prosecutor duties of his office.

The following ordinances were approved:

• 2020 Appropriation Ordinance (budget approval)

• Approve re-appropriations for 2019.

$20 fine to replace misdemeanor charge; third reading Dec. 16

By Melanie Yingst

Miami Valley Today

Reach Melanie Yingst at myingst@aimmediamidwest.com

© 2019, Miami Valley Today; all rights reserved.

Reach Melanie Yingst at myingst@aimmediamidwest.com

© 2019, Miami Valley Today; all rights reserved.