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Council puts stop to deliveries on lawns and driveways

May 9, 2013
By J.T. Whitehouse , Town Crier

Canfield City Council has taken steps to prevent publications from being tossed onto lawns and driveways. An ordinance was passed at the May 1 meeting to make it a minor misdemeanor.

The new ordinance, which amends chapter 521 of the city code, now reads, "The delivery of any printed or other material of any kind, including but not limited to newspapers, advertisements, circulars, telephone directories or product samples, by placing the same onto the lawns or yard areas, driveways and sidewalks in residential areas is prohibited."

It continues: "The delivery of the items described in (521.13a) above shall be made at the door of the subject residence, or in a receptacle provided for such deliveries. Additionally, a property owner may designate an alternative site for delivery which site shall not be on the lawn or driveways."

The final piece of the new law reads: "Whoever violates this section is guilty of a minor misdemeanor."

Prior to the passage of the new ordinance, several questions were answered by city attorney Mark Fortunato. The first came from Mayor William Kay, who would have to deal with the violations in Canfield Mayor's Court.

"Would the person delivering, or the company, be fined?" he asked.

Fortunato replied the person delivering is responsible just like a truck driver. The person delivering would be cited for the violation.

Under public comment, resident Frank Micchia, who for some time had been pushing council to do something about the tossing of publications on the lawns, remarked he would have liked to see a stiffer fine. As a minor misdemeanor, Fortunato said it would carry a $150 fine. He said if it was a $250 fine, it would fall in the category of a jailable offense. That would move it to county court.

If we sent a lot of cases of tossing publications on lawns to county court, the judge may not think favorably of the city of Canfield," Fortunato said.

He added that in repeat offenses, the mayor could prohibit the delivery of the publication within the city limits.

During public comment, resident John Dance questioned the status of the Stratford Green Drive buffer zone. He has been concerned and presented his case last year to council concerning the destruction of the buffer zone that was part of the original developer's plan when the condos were constructed.

Fortunato told Dance the barn that was constructed on the buffer zone has been removed and some plantings have been done on the original buffer zone.

"I got a letter [from the condo association] that said 'all done,' but not enough has been done to recreate the buffer zone," Fortunato said. "At some point the city will say it is satisfied and it may not be enough to make the Dances happy."

Dance told Fortunato his big concern is possible flooding issues. He said he doesn't want to see the buffer restored incorrectly to create water flow onto the homes on Brookpark.

Another issue during public forum concerned an informational talk from Bruce Neff from the Canfield Heritage Foundation. He said the foundation's mission is to save Loghurst Farm Museum on U.S. 224. The owner of the property and historic home is the Western Reserve Historical Society, which is allegedly willing to deed the property back to Canfield as long as it can get an easement to forever maintain it as a museum.

Neff said he is going to work with the township to get that easement or even declare it part of the township's park system.

He is also looking at bringing in an umbrella organization to help with funding. He said the idea is to put the Bond House, Dispatch, Loghurst, and possibly the War Vet Museum under the umbrella organization. That organization would then be able to pursue funds that could be divided among the entities. He also said once funds were in place, a curator could be hired to rotate between the entities.

In other business:

-City Council approved a change order for the 2012 paving program. The original bid from Diorio Paving Inc. was approved on May 18, 2011 for $161,259.88. The change order calls for a deduction of $4,015 from that amount.

-Council approved Patricia Bernat to serve as acting clerk of council during the absence of Pat Matevich, who underwent surgery recently.



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