Shovel law

Panel considers increasing fine, priority routes for cleared sidewalks

John Howell
Posted 4/16/15

Put away the snow shovel yet?

No, this isn’t a tease about a freak spring storm with more snow for Rhode Island.

But Tuesday morning a committee of city officials and George Shuster, who was …

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Shovel law

Panel considers increasing fine, priority routes for cleared sidewalks

Posted

Put away the snow shovel yet?

No, this isn’t a tease about a freak spring storm with more snow for Rhode Island.

But Tuesday morning a committee of city officials and George Shuster, who was named the public member, met in the basement conference room of City Hall to talk about the city’s law requiring businesses and homeowners to shovel their sidewalks.

The law says sidewalks are to be cleared within 24 hours after a storm and failing to do so could result in a fine of $100. Usually, the law gets little attention, but this year was different.

About 10 days after the Jan. 29 blizzard dumped almost 20 inches of snow on the state, and with many pedestrians being forced to walk in the road, Col. Stephen McCartney invoked the ordinance. In a single day, police left door hangers at more than 90 homes and wrote eight tickets for failure to shovel.

The action produced a tempest. People complained they didn’t know of the law, that they couldn’t possibly shovel all the snow that plows had pushed onto the sidewalks and that they were being unfairly targeted. Council members suggested a moratorium and that the law needed revisions.

Leading the pack was Ward 5 Councilman Ed Ladouceur, who now heads the committee charged with coming up with a better way of ensuring sidewalks are cleared in critical areas within school walking distances and where there is high pedestrian traffic.

Some ideas are already being explored, including establishing priority walking routes near schools that city crews would clear first (that’s already happening on an unwritten basis) and homeowners and businesses would be expected to act quickly.

“We have those routes,” said Department of Public Works Director David Picozzi. Even so, Picozzi said clearing them with the department’s single machine is a tough task and without equipment “you’ll never get it done.”

He said the effort on the part of the DPW “is to try to get one side so kids can safely walk.” A first for the city is clearing the walks near Aldrich Junior High School. And even with a walk cleared, Picozzi notes, “There’s kids walking in the street.”

Ladouceur said he was looking for “zero tolerance” of the shoveling requirement in priority areas, meaning that police would be ticketing and there would need to be some means of not only citing offenders but also clearing the walk and billing the property owner. He also thought that schools should be responsible for clearing sidewalks within school walking areas or providing additional buses and bus stops to ensure student safety.

Assistant Fire Chief Bruce Cooley noted that as soon as people became aware of the $100 fine “they were out shoveling.”

Police Lt. Michael Gilbert argued for a graduated fee schedule that would lower the fine for the initial offense to $50 and hike it to $150 for the second offense. A third offense would require the landowner to appear in Municipal Court, he suggested.

The idea gained the committee’s favor and is likely to be among those changes in the ordinance the committee will bring to the council. Ladouceur is also looking for the feasibility of the city acquiring a second sidewalk unit, which costs about $150,000 and for the fire department to acquire additional snow blowers to do walks near fire stations. At this point, the department has only one snow blower, Cooley said.

While schools were not represented at Tuesday’s meeting, Superintendent Richard D’Agostino felt that ensuring student safety is a community issue and that clearing walks and bus stop areas of snow should be shared. He said under “operation capacity” school buses transport students, who because of their age don’t qualify to ride the bus, if space is available.

Stephen O’Haire, director of school transportation, said this is usually determined at the beginning of the school year and is not used as a response to winter conditions. Most frequently, it applies to elementary students where the walking distances increase in three levels. Kindergarteners living a half-mile or more from school are bused. That increases to three-quarters of a mile for first and second graders and to 1.25 miles for fourth through sixth grades. The maximum walking distance is two miles for high school students. The department is busing about 5,500 students.

Among other issues and ideas brought up is a coordinated education campaign to get people to shovel their sidewalks; the relocation of signs that now make it difficult for equipment to clear walks; a hardship provision to accommodate residents incapable of clearing their walks; and a modest property value exemption for those who would be responsible for shoveling walks on priority routes.

But, as Ladouceur expressed, there’s no silver bullet or single solution.

“We know what we need to do. We know what we want to do, but how do we do it?”

Comments

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  • smh

    the sheer level of utter bombasity and ineptitude in this city is beyond description

    Friday, April 17, 2015 Report this

  • allent

    if every new dollar wasn't plowed right into pensions, be able to afford a few sidewalk clearing machines.

    Friday, April 17, 2015 Report this

  • jfraser

    I wonder how long it will take the city to sweep the streets of the sand that was spread on the roads over the winter. My guess is the end of August.

    Saturday, April 18, 2015 Report this

  • stinkeone

    i just don't get it you want to make people criminals send them to court shame on you the people of warwick should all come together and oppose this ordinance of mandatory shoveling snow here is the directors statement--We have those routes,” said Department of Public Works Director David Picozzi. Even so, Picozzi said clearing them with the department’s single machine is a tough task and without equipment “you’ll never get it done.” so how does this apply to home owners it's a task that your city workers find difficult with a machine and impossible without so with the taxes we pay we can't get the snow cleared we have to shovel multiple times to clear sidewalks that are filled in by plows if we wait till they are done our task increases to impossible good luck with this one we pay enough when will you stop bleeding us in every fashion imaginable just tired of giving and giving and receiving less and less

    Saturday, April 18, 2015 Report this

  • HerbTokerman

    The city should fine themselves since they own the sidewalks.

    It's amazing someone hasn't refused to pay and raise the issue to the supreme court of the state.

    You can't force someone to maintain property that they do not own.

    Sunday, April 19, 2015 Report this

  • .

    Picozzi can't get anything done right.

    Tuesday, April 21, 2015 Report this

  • .

    Have the Warwick Firefighters all chip in a buy a few snow blowers.

    Tuesday, April 21, 2015 Report this

  • davebarry109

    Anyone that was ticketed should fight it. Since it is an ordinance violation, the superior court would have to hear the appeal. They won't want to deal with it. In any event, this article does not even adress the constitutional issue of making a citizen perform work on city property. If sidewalks are city property, how can the city force a citizen to shovel them? If they are private property, how can the city force a citizen to shovel them?

    Tuesday, April 21, 2015 Report this