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Sidewalk snow removal laws..... right or wrong? 
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Supercell
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Post Sidewalk snow removal laws..... right or wrong?
Here are several links, what amazes me is how greatly they vary from state to state, in Ohio, we don't care it seems, in other states there are stiff fines and even jail time up to 12 months in lockup. so i ask everyone.... what is right and what is wrong? foe example ( and Jeremy Moses will agree to this) say your neighbor is wheel chair bound but works or goes to school, and what if they have to take a public access bus for the disabled? a few inches of snow and that person will be unable to make it around to the bus stop thus rendering him late for work or maybe he don't show up at all because you didn't do the right thing, now can he sue you for him being fired from his job? hmmm here is what Ohio says: http://www.ahcuah.com/lawsuit/ohio/brinkman.htm also: http://cincinnati.injuryboard.com/property-owners-liability-slip-and-fall/falls-on-snow-and-ice-in-ohio.aspx?googleid=256880 now we look at the direct opposite: http://www.a2gov.org/government/safetyservices/Police/Pages/SnowRemovalonSidewalks.aspx now here is Massachusetts State law: http://www.ci.worcester.ma.us/dpw/seasonal-information/sidewalk-snow-removal Forest Lake Minnesota calls snow on sidewalks a nuisance and you have to remove it: SIDEWALK SNOW REMOVAL POLICY

Per City Code, Chapter 19, Subd. 5(a) It is declared to be a nuisance affecting public peace and safety if all snow and ice is not removed from public sidewalks twelve (12) hours after the snow and ice have ceased to be deposited thereon and furthermore it is the responsibility of all residential and commercial property owners within the City of Forest Lake to shovel that portion of the sidewalk that abuts their property.

The Police Department will enforce this City Code and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Any person who shall fail to comply with said Code, upon conviction ...shall be guilty of a misdemeanor and shall be punished according to the law.

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Mon Feb 08, 2010 10:42 pm
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Post Re: Sidewalk snow removal laws..... right or wrong?
Yes, I saw a report earlier this evening on the news where the city of Philly is ticketing business owners e.g. if they don't get their walks shoveled.

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Mon Feb 08, 2010 10:58 pm
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Shower

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Post Re: Sidewalk snow removal laws..... right or wrong?
I guess my rebel reply to the law would be "Officer ... is that 0z hours, 12z?"

I'd love to see them write me a ticket, So if you see someone getting a shovel removed from their THORAX on the news, suspect Bumble. Ok?

Bottom line, if THEY can clear all the streets in 12, I'll do my sidewalk - what y'all think?

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Mon Feb 08, 2010 11:00 pm
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Supercell
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Post Re: Sidewalk snow removal laws..... right or wrong?
This is a great topic and i am spending time researching different states and their laws. In Philly,its a $100-300 fine: According to Philadelphia Code 10-720, "The owner, agent and tenants of any building or premises shall clear a path of not less than 30 inches in width on all sidewalks abutting the building or premises withing 6 hours after the snow has ceased to fall." Failure to comply in Philadelphia sidewalk snow removal could result in penalties ranging from $100 to $300, and residents can also be penalized for dumping the snow from their sidewalks into the street.

While not part of the sidewalk snow-removal code, the city also requests that residents help keep snow clear of storm drains and fire hydrants. Now Halfax sums it up pretty well, they call it a " quality of life issue " Failure to Properly Removal Snow and Ice

Is A Quality-of-Life Issue:

* Many residents of the HRM depend upon clear sidewalks for their outdoor mobility. For some, the fear of falling prevents them from enjoying an active lifestyle during the winter months.

May Be A Hazard:

* Sidewalks free of snow and ice are essential to the safety of children making their way to school, workers commuting to their jobs, service providers performing their duties or people taking their daily walk.
* Seniors, persons in wheelchairs and others with mobility challenges are at particular risk of a slip and fall accident due to uncleared sidewalks.

Back to top

Property Owner's Responsibility

Sidewalk Snow and Ice Removal

Property owners in Peninsular Halifax, Armdale, Purcell’s Cove and Spryfield, who do not receive sidewalk snow and ice removal service from the Municipality, and are not located on:

* a major arterial road, e.g., Barrington Street, Spring Garden Road, Quinpool Road, Bay Road, Dutch Village Road

* a bus route


are required by HRM By-Law S-300 Part 1 Section 4 (1) to:

* clear snow and ice from all sidewalks abutting their property. Where a residential property abuts sidewalks at both the front and the rear of the property, snow and ice must be removed from the front sidewalk where the civic address is posted.

* clear snow and ice from any pathways leading from a sidewalk to the roadway.

* clear snow and ice from any paths between a sidewalk and a crosswalk. A crosswalk is implied at every intersection whether or not there are lines painted for the crosswalk.



Sidewalks must be cleared to bare pavement for a minimum width of three feet or the full width of the sidewalk, whichever is less.

Snow and ice removal must be completed within twelve hours after the end of any snowfall, or six hours after daylight when the snow has stopped falling during the night.Violating Sidewalk Snow and Ice Removal Regulations

* Sidewalk Snow and Ice Removal - Property owners in violation of Part 1 of By-Law S-300 will receive a 24 Hour Order advising them to clear their sidewalk. Failure to comply with the Order will result in the HRM removing the snow and ice and issuing an invoice to the property owner for the cost of the removal. The property owner may also be issued a Summary Offence Ticket of $225.21 or greater...................... Hereis the policy and reasoning in Boston Mass. Posted by Rona Fischman January 28, 2009 02:57 PM

Here’s a twist I didn’t know. According to current Massachusetts law, you are liable for injury caused by someone slipping on your sidewalk if you shovel. If you leave the snow as it falls, you are not liable.

Denise Provost, a State Representative explains it this way, “This means if you shovel piles of snow off your sidewalk after a big snowfall, but leave an icy patch you could not scrape off, and someone came along and broke a bone by slipping on it, they could hold you responsible.” Whereas, if you leave the snow where it falls, you are not responsible if someone walks there. You might get a ticket… Big deal.

Is this rationale contributing to the unshoveled sidewalks, especially in business areas? [grammar corrected 1/29] I don’t know. I only know that the complaining about business owners who don’t shovel is up considerably this year.

I am pleased to tell you that your State Legislature is working to plug this loophole. The new law before the House of Representatives (HR 1987) will reduce the liability for those who clear their walks. Unless there is “gross negligence.” If this law passes, I propose the fine for unshovelled walks goes up to $100. [typo corrected 1/29]
Ontario, Canada is strict: Sidewalk Snow Clearing

ShovelThe City of Brampton requires all property owners and occupants to remove snow, ice and slush from their sidewalks by 11 a.m. the day after a snowfall, under City By-law 242-76.

When the City of Brampton receives a complaint about sidewalks that are not cleared, the Enforcement Division will issue an Order to Comply, requiring the property owner or occupant to comply with the By-law and clean their sidewalk immediately (within 8 hours). The entire length of the sidewalk is to be cleared from shoulder to shoulder, down to bare concrete.

Failure to comply with the By-law and not complete the necessary work will result in the City of Brampton cleaning the sidewalk and charging back the cost of the work and the investigation to the property owner.

A minimum charge of $400 will apply and if the work exceeds one hour to complete, the cost will increase. Costs will be applied directly to the property owner’s property taxes and will include all costs associated with investigation of the complaint, administration and the actual cost of clearing the snow and ice from the sidewalk.

Residents could also face a fine of up to $2,000 if convicted of failing to remove snow, ice and/or slush from their sidewalks.

To report a sidewalk that has not been cleared by 11 a.m. the day after a snowfall, contact
Enforcement at 905-458-3424.

In Bennington Nebraska, ordinance#309. Ordinance #309 regulates removal of ice and snow from sidewalks within the City of Bennington.
• It shall be the duty of the occupant, as well as the owner of any lot, land, or real estate in the city to clear all ice and snow from the sidewalks within twenty-four hours after the cessation of any storm or fall of snow.
• It shall be unlawful to place snow and ice on any alley or street from private sidewalks, driveways, parking lots, roofs or other private property.
• If any person is injured in body or property because of neglect, failure or refusal of any occupant or owner to clear the sidewalks abutting the premises of snow or ice, the owner shall be liable to the city for any amount of damages and costs recovered by the injured party against the city................ Folks, i could go on and on, what we should ask ourselves is how do we draw the line between Ohio's law that says its natural, leave it alone and just plain common sense and courtesy towards the elderly, the wheel chair bound disabled and kids that have to walk the sidewalk to get to school? this is a touchy issue for sure and it seems like Ohio is the only state i found so far that don't require you to do a thing, they actually discourage you from removing snow. i am sure somewhere, some place at sometime had say for example, an elderly person that had to rush to get their blood pressure pills or say some vital heart medication and a bus was their only transportation but, since someone didn't want to get sued, neglected to shovel off the nights 6 inches of snow and the said elderly person ends up dying because they couldn't make it through your snow and to the bus stop in time and never makes it to the pharmacy.... so we weigh the good with the potentially bad...... and its a very fine line indeed.

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Mon Feb 08, 2010 11:10 pm
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Supercell

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Post Re: Sidewalk snow removal laws..... right or wrong?
No sidewalks where I live, so I don't have any issues.


Mon Feb 08, 2010 11:25 pm
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Cloud
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Location: Blackhawk, Ohio - SE Warren County
Post Re: Sidewalk snow removal laws..... right or wrong?
Wow, talk about big government. Could be unrealistic/unreasonable in parts of the east right about now. I think some snow might be safer than a shoveled sidewalk with the inevitable ice. And then, if big gov can fine 'us', then shouldn't we be able to sue them if the roads aren't cleared to our specs lol? Curious if senior citizens are required to shovel too? Maybe cardiologists & chiropractors are behind these laws lol. Gotta love that "hall-monitor" mentality. No sidewalks where I live. I'm not sure what the law is regarding horse poop though. I wish one my neighbors would shovel that...when they ride their horses down our street lol. On the bright side, I guess thats better than looking at litter.


Tue Feb 09, 2010 9:25 am
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Shower

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Post Re: Sidewalk snow removal laws..... right or wrong?
blackhawkwxfan wrote:
Wow, talk about big government. Could be unrealistic/unreasonable in parts of the east right about now. I think some snow might be safer than a shoveled sidewalk with the inevitable ice. And then, if big gov can fine 'us', then shouldn't we be able to sue them if the roads aren't cleared to our specs lol? Curious if senior citizens are required to shovel too? Maybe cardiologists & chiropractors are behind these laws lol. Gotta love that "hall-monitor" mentality. No sidewalks where I live. I'm not sure what the law is regarding horse poop though. I wish one my neighbors would shovel that...when they ride their horses down our street lol. On the bright side, I guess thats better than looking at litter.


Yea, this is a great post - and one of those things were I see both sides of the coin ...

I think the fact that I'm gettin' older ... lived on a farm, etc ... I never knew what a sidewalk was until I was 10. I have that inner voice asking "Were we all hardier in the 70's?" I mean, is this nanny state? Or is this common sense? In the city maybe the laws should be there ... I don't know - someone would have to really SELL me on the idea.

I'd rather see the sidewalks become responsibility of municipalities ... they can have the people with DUI's chain up and shovel and spread salt - or any of the Bengals currently on PROBATION or COMMUNITY SERVICE do it?

Does anyone see how I see both sides, but lean towards the "Oh come on, Man-UP!" ?


Tue Feb 09, 2010 11:39 am
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