Plan for sidewalk shoveling

Committee proposes changes in current law

John Howell
Posted 9/15/15

It hardly seems possible to focus on the issue of shoveling sidewalks in the midst of a heat wave. If anything, the only consolation may be that thinking of how to deal with all that snow somehow …

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Plan for sidewalk shoveling

Committee proposes changes in current law

Posted

It hardly seems possible to focus on the issue of shoveling sidewalks in the midst of a heat wave. If anything, the only consolation may be that thinking of how to deal with all that snow somehow makes us appreciate all that heat.

Naturally, some of the heat of the past two weeks would have gone a long way in resolving the problems rendered by one snowstorm after the next last winter. There was no place to put all the stuff, and in many parts of the city the only place for pedestrians to walk was in the street that was already restricted by snow banks.

Concern over student safety mounted. In areas around schools, police left door hangers informing residents of the law requiring them to shovel their sidewalks. And when police started issuing citations, people got upset.

Ward 5 Councilman Ed Ladouceur thought there could be a better way.

There were plenty of suggestions, from requiring schools to bus all students to the city acquiring additional equipment, to plowing sidewalks in priority areas near schools.

A City Council committee was formed, bringing together concerned parties. After numerous meetings starting while snow was still fresh in people’s minds and continuing through the summer, the committee reached a number of suggestions that will become the basis of a modified sidewalk-shoveling ordinance.

Ladouceur said Friday his aim was to try to come up with an ordinance that would be reasonable and consistent, treat people fairly, and deal with those “who can’t” shovel their walk as well as those “who won’t shovel their walk.”

Ladouceur, who chaired the committee that completed its work Friday, outlined the proposed major modifications to the existing law. If enacted, the requirement to shovel a sidewalk would be extended from two to three days following a storm.

Ladouceur explained a frequent complaint last winter was that city plows filled in walks that had been cleared. Extending the period to clear walks, he said, would reduce those cases where the work of homeowners seeking to abide by the law is undone by city plows.

The committee further found it important that “priority” sidewalks near schools be identified, and that is where clearing and enforcement should be focused. With identification of those areas, there would be a campaign to educate people on the law through neighborhood associations.

The committee also addressed fines, suggesting a three-part system that would be initiated with a warning and followed by a $100 fine. A third citation would carry a $175 fine. A fourth violation carries a fine of no less than $250 and a court appearance. Ladouceur said the important thing would be to get chronic offenders into municipal court and before Judge Joel Gerstenblatt.

The law provides for the city to clear the walks of violators and charge the property owner.

The committee also recognized some homeowners can’t shovel because they are elderly, handicapped and lack the financial resources.

Ladouceur said the committee felt it important that these hardship cases be identified well in advance of a storm and that police have a list. He believes the city could go a step further with the creation of a mechanism for people to apply for hardship relief not simply from sidewalk shoveling but also other municipal requirements. He said a subcommittee would work on it.

In addition to Ladouceur, those on the committee included council members Camille Vella-Wilkinson and Joseph Gallucci, representatives of the administration, police, fire, public works and school departments, and public member George Shuster.

The committee considered regulations as they applied to commercial property as well. While the existing law requires businesses to clear sidewalks, Ladouceur said the committee recognized that, because of the piling of snow around streets, cleared parking lots are often safer for pedestrians than sidewalks. In situations where parking lots provide safe walking, businesses would not be required to also clear sidewalks.

As part of the effort to make it easier to clear walks, both by the city and contractors or homeowners, Ladouceur said the city is looking to move signs from walks to outside the walks. Fire hydrants would also be better marked so as to be obvious to plows and easily identified for clearing following a storm.

Ladouceur sees the ordinance as a work in progress that will need to be evaluated after the first storm and then some.

“It’s going to be difficult to get perfect the first time,” he said.

Comments

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  • stinkeone

    i don't see why people who work forty hours a week or more has to come home and shovel snow as many stated before it's laying the duty of the city to clear snow on citizens i find it depreciating peoples property value that fall into this ordinance and makes it harder to sell their properties i'm sure this was not something that was thought out why didn't the committee find ways to help clear these areas if being a safety issue it should be the cities responsibility you are giving elderly and handicap a pass which is understandable i would think that the city has people and equipment to do this i find that it is not a fair proposal at all and think that more can be done by the city

    Tuesday, September 15, 2015 Report this

  • gwsjr75

    I agree it is a burden to shovel a sidewalk. It is also a burden to mow a lawn. Or paint a house with peeling paint. But there are certain things that a property owner might be expected to do (and should want to do) in a civil society. The city does not have the personnel or equipment to shovel even the sidewalks along main roads, and even if they had a dedicated staff of say 10 people to shovel sidewalks (with big snowblowers), it would still take weeks to cover the whole city (and my guess is that most city residents would rather have them focused on other things, like clearing roads, anyway). And of course it would cost a lot of money for the city to do all of the shoveling, which would raise taxes. The only realistic options are to repeal the existing ordinance altogether and have no shoveling requirement at all (which means the person who works forty hours a week or more, or is handicapped, or just has no car or chooses not to drive, cannot walk to the bus stop safely,and cannot walk anywhere safely along main roads, when it snows a lot) or to ask property owners to shovel in front of their properties. I also think the businesses should generally be expected to clear paths in front of their properties as a cost of doing business (and I have a business on a main road, and it sure is a pain in the neck to do that). I am actually OK with either of those options--repeal or requirement, whichever the city residents as a whole seems to prefer. It just sort of depends on which type of city we want to be, the one where people shovel their sidewalks or the one where they don't. In any event, it seems like the new proposed ordinance is at least more flexible and better than the existing one, even if the new one may not be perfect.

    Tuesday, September 15, 2015 Report this

  • PaulHuff

    If you have a property which has a sidewalk along a main road then clear it. If you are elderly or handicapped and can't handle it yourself then have a plan.

    Maybe the councilman should come up with volunteers to help the "hardship" residences, or pay them out of their campaign funds. I really don't care how the sidewalks get cleared, just clear them so some child walking to school doesn't get killed.

    You live in New England people....have a plan.

    Tuesday, September 15, 2015 Report this

  • Justanidiot

    stinkeone, if you can't handle home ownership, go move to an apartment.

    Wednesday, September 16, 2015 Report this

  • wwkvoter

    I think a big issue is that the city plows put large amounts of packed snow onto the sidewalks. (repeatedly) You almost need a team of SeaBees to cut through it in lots of places. So it's not just shoveling a few inches and you're done. Not sure what solution there is but thats the issue that comes to mind.

    Wednesday, September 16, 2015 Report this

  • stinkeone

    try selling your home with these conditions and see how long you wait it's unfair and takes value from the property do you really think someone would be willing to purchase a property with these conditions i think not ---- justanidiot you do have the right handle

    Thursday, September 17, 2015 Report this

  • Justanidiot

    You can always tell a true RIer by how much they whine.

    Thursday, September 17, 2015 Report this

  • davebarry109

    This whole plan is going to be found unconstitutional. How can a government require a private citizen to work for free on city property? If sidewalks are city property, they can't. If sidewalks are private property, they also can't. This is not the same as not painting your home. The solution to this situation is for the city to clear sidewalks near schools and let the rest of us decide what to do. The city may get more compliance by a civic virtue campain. Lastly, someone please tell me what the city should do about the overwhelming majority of us that don't have actual sidewalks.

    Thursday, September 17, 2015 Report this