Snow Emergency Levels – Ordinance

ORDINANCE OF THE FISCAL COURT OF
MASON COUNTY
ORDINANCE NUMBER: 09-05
An ordinance enabling the office of the Mason County Judge/Executive to declare various levels of snow emergencies.

WHEREAS, the County Judge/Executive is empowered by KRS 39A.lOO(2) to respond appropriately to threatened or impending emergencies; and

WHEREAS, the occurrence of snow, sleet and freezing rain can be hazardous for motor vehicle traffic and increases the risk of collisions; and

WHEREAS, motor vehicles on roadways during such times may substantially interfere with the removal of snow and ice from the roadways by county employees and may interfere with the movement of emergency vehicles upon the roadways; and

WHEREAS, the Mason Fiscal Court has determined that in order to protect and safeguard the property, health, safety and welfare of its citizens during such occurrences, it should delegate authority to declare various levels of snow emergencies to the Judge/Executive.

NOW THEREFORE, be it ordained by the Fiscal Court of the County of Mason, Commonwealth of Kentucky:

SECTION ONE
Upon the occurrence of snow, sleet or freezing rain and after consultation with the Mason County Road Supervisor, the Mason County Judge/Executive may declare a Snow Emergency and the level thereof. Upon such declaration, all major news media outlets, other governmental jurisdictions and school district authorities in Mason County may be notified by the most expedient method practicable under the circumstances.

SECTION TWO
Snow Emergencies may be declared at one of the following levels:

LEVEL ONE: Conditions: Roadways are hazardous with blowing and/or drifting snow, roadways may be icy. Advisory: Cautious driving is advised.

LEVEL TWO: Conditions: Roadways are hazardous with blowing and drifting snow and roadways may be icy. Advisory: Only motorists whose travel is necessary should be on the roadways. Residents are urged to contact their employer to see if they should report to work.

LEVEL THREE: Conditions: All roadways are restricted to emergency personnel use only for travel to work, for delivery of medical supplies, medical treatment and snow removal operations. Advisory: Essential travel only is advised. Violators are subject to prosecution. Residents are strongly urged to contact their employer concerning work schedules.

SECTION THREE
During Snow Emergencies, no vehicle may be parked and no person, corporation, partnership, joint venture, unincorporated association or any combination thereof may park or permit any vehicle to be parked upon any public road right of way, except in designated parking spaces upon such right of ways. Regardless of any designation permitting parking along right of ways, the County Judge/Executive may specifically prohibit parking in such areas as necessary to permit cleaning of the right of way or parking area, or to otherwise permit emergency vehicles or traffic to utilize the right of way.

SECTION FOUR
During Snow Emergencies, the Mason County Road Department Supervisor may as ordered by the Mason County Judge/Executive assist in clearing state-owned roadways if
otherwise permitted by law.

SECTION FIVE
Any person violating any provision of this ordinance, or any lawful order, rule or regulation promulgated pursuant to it, may be issued a citation by the Mason County Sheriff or any peace officer; upon conviction, a fine or not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars shall be assessed for each occurrence.

SECTION SIX
Should any section or provision of this ordinance be declared invalid by a court of competent jurisdiction for any reason, such declaration shall not invalidate, or adversely affect, the remainder of this ordinance.

SECTION SEVEN
This Ordinance shall be full force and effect from and after its passage, publication and recording, according to law.

INTRODUCED, given first reading and Ordered published this 13th day of October,2009.

Given second reading, and passed by the Mason County Fiscal Court and Ordered recorded this 10th day of November, 2009.

MASON COUNTY FISCAL COURT
/s/ James L. “Buddy” Gallenstein
Mason County Judge/Executive

Attest:
/s/ Amy Asher, Mason County Fiscal Court Clerk