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Committee seeks clearer wording on ordinance banning debris in streets to avoid penalizing fallen leaves
Summary
Fostoria's Law & Ordinance Committee reviewed proposed amendments to section 311.01 and recommended clarifying language to limit enforcement to debris that creates a traffic or drainage hazard; members asked the law director to advise whether to add an intent requirement such as "knowingly."
The Fostoria Law & Ordinance Committee on Monday reviewed administration-requested amendments to section 311.01, the ordinance that covers "placing injurious material or obstruction in street," and recommended clearer wording so the rule targets actual safety hazards rather than incidental occurrences.
Council person Grin said he supported the proposal in principle but worried the current draft could hold residents responsible when leaves "fall in the roadway" without being placed there intentionally: "when leaves just fall in, you know, if leaves fall from my tree and they're in the the roadway, this would seem, you know, to state that I'm responsible for that," he said. He said the committee needed language that distinguishes natural occurrences from intentional acts.
Another member suggested adding a phrase tying the prohibition to conditions that "create a hazard to the safe movement of traffic or that obstruct or interfere with drainage or roadway safety," arguing that would align enforcement with measurable safety impacts rather than routine curbside leaf drop. Council person Baker cautioned that such wording could introduce subjectivity about who determines a "hazard," and advocated asking the law director whether requiring proof of intent (for example, inserting the word "knowingly") would be appropriate.
The committee also said the penalty for subsection F appeared aligned with the nature of the conduct and expressed support for the penalty as drafted, while still seeking legal guidance on precise drafting. The chair confirmed staff will follow up with the law director and bring any recommended language back before the ordinance's third reading. The committee indicated general support to move the matter toward that next step, pending the law director's input.
The committee additionally approved previous meeting minutes and closed an unrelated open issue on Elmherst Drive without further action earlier in the meeting.
