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#5 Public Hearing and Action on Ordinance for Leaves and Grass on Streets (File Ord. #2009-441) OPERATIONS DIVISION MEMORANDUM November 2, 2009 TO: City Council FROM: Peter Riggs, Assistant Operations Director SUBJECT: Second reading, public hearing and action on a proposed ordinance amending the regulations on the placement of leaves and grass on public streets. (File Ord. No. 2009-441) Staff Recommendation The Operations Division and the Police Department recommend, following the public hearing, the City Council approves File Ordinance 2009-441. City Manager Recommendation The City Manager concurs with the Operations Division recommendation. Suggested Action Move to approved proposed ordinance number 2009-441. Background Information Currently JGO 12.44.060 allows for the placement of leaves in a public street stth between May 1 and November 15 of each year. This ordinance authorizes residents to place leaves in the public street in preparation of the leaf collection program held annually in November. As currently written, JGO 12.44.060 has two flaws. First, allowing leaves to be stth placed in the street between May 1 and November 15 is too far in advance of the leaf collection program and can have a negative impact on the effectiveness of street sweeping operations and can pose a problem for stormwater flow. th Second, the November 15 deadline no longer matches the scheduling of the loose leaf collection program. In recent years the loose leaf collection program has been scheduled for the two weeks immediately preceding the week of Thanksgiving. This change was implemented to allow more time for leaves to fall with a goal of improving the effectiveness and customer satisfaction of the leaf collection program. Ordinance Description Proposed ordinance number 2009-441 amends JGO 12.44.060 to prohibit the placement of leaves in the street after the completion of the loose leaf collection st program and before October 1 of the following year. This means residents can st place leaves into the street for collection starting October 1 and ending once leaves are collected during the annually scheduled loose leaf collection program. 1 The penalty for violating the proposed ordinance is outlined in JGO 12.44.100 and remains unchanged from the current regulations. Pros and Cons The primary positive outcome of proposed ordinance number 2009-441 will be a reduction in the amount of time that leaves will be in the gutter line. Leaf piles can impede stormwater flow and have a negative impact on street sweeping operations. This is particularly true when a resident places leaves into the gutter line well in advance of the leaf collection program. Additionally, neighborhood aesthetics are impacted because leaves will rot and become unsightly. The primary negative outcome of proposed ordinance number 2009-441 is that residents will have less time to place their leaves into the street prior to leaf collection. This should have minimal impact on customer satisfaction as leaves do not typically start to fall until after October 1. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services Wald Klimczyk, City Attorney Dave Moore, Police Chief John Whitcomb, Operations Director 2 ORDINANCE NO. 2009-441 An Ordinance amending JGO 12.44.060 prohibiting placement of leaves on any street after the st completion of the annual loose leaf collection program and until October 1 of the following year, with penalties for violations thereof as set forth in JGO 12.44.100. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 12.44.060 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: “12.44.060 Leaves and grass on public streets.(A) Leaves: It is unlawful for any person to st before October 1 or place or cause to be placed any leaves on any street or highway after November th the City has collected, or caused to be collected, leaves from the applicable street during the 15 st City’s annual fall leaf collection program. and until May 1 of the following year. (B) Grass and Other Lawn Debris: It is unlawful to place or cause to be placed any grass, grass clippings, or other lawn debris on any street or highway at anytime. (Ord. 84-363’1, 1984).” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: Police Chief and Operations Director Prepared by: Assistant Operations Director