Spencer updates obstruction ordinance to include motor vehicles

Published 12:00 am Thursday, April 12, 2018

SPENCER — Spencer police will have new authority to move vehicles blocking alleyways and other thoroughfares after a Monday night town board meeting.

Town Manager Reid Walters suggested the change after a recent incident. While responding to a call, Spencer police officers found an abandoned car blocking an alley but realized they had no authority under town law to move the vehicle.

The former ordinance for obstruction of thoroughfares covered things like train cars blocking streets or chicken coops blocking sidewalks — but not cars in alleyways.

Walters suggested adding language that would update the ordinance and cover any obstruction to alleys, rights of way or public thoroughfares. Monday’s meeting included a public hearing about the change.

Alderman Kevin Jones asked why motor vehicles had been left out of the original ordinance. Walters said his best guess is that it was just an older ordinance.

But the law raised other questions.

“Leaving a railway car?” Alderman David Lamanno asked after reading through the ordinance. “Is that language unique to Spencer?”

“I was more concerned about the chicken coop,” Alderman Mike Boone joked.

Again, Walters said his best guess was simply that it was an old ordinance.

Alderman David Smith wanted to know how the change would affect the town’s annual Christmas parade, as sometimes people pull up on the sidewalk. Walters said it would give police permission to ask them to move.

“Anything in here we think will not be enforced?” Mayor Gobbel wanted to know.

“It’s literally the same ordinance,” Walters said, but with a few extra caveats.

“We’re just reading it now and it’s raising questions,” Jones said.

Local residents had their own questions. Former board member Howard White wanted to know if the ordinance would extend to people loitering. Walters said the town has a separate ordinance for that.

Another resident was concerned that he would be fined while landscape work was being done in his yard, which forces him to park his cars in a nearby alley.

“It doesn’t mean we’re going to go looking for alleys with stuff blocking them,” Jones explained. “… I think it’s more of if it becomes an issue.”

The board voted unanimously to update the ordinance.

In other business, the board:

• Said it will hold a budget workshop at 6 p.m. April 24.

• Moved its May business meeting to 7 p.m. May 9 because of primary elections the day before.

Contact reporter Rebecca Rider at 704-797-4264