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Snow removal ordinance calls for fines

Feb 18th, 2009 by Paul Leighton

Here’s a look at an ordinance proposed by City Councilors John Burke, Kevin Hobin and Wesley Slate calling for fines for failing to clear snow and ice from sidewalks in front of your house. We’ll have a full story later in The Salem News.

An Ordinance Amending an Ordinance entitled “Placing and/or depositing snow or ice into streets or sidewalks”.

Be it Ordained by the City Council of the City of Beverly that Section 15-23 of the Revised Ordinances of the City of Beverly be and the same as hereby amended:

REPLACE Section 15-23 with the following new section:

15-23. Removal of snow and ice.

1. Placing and/or depositing snow or ice into streets, onto sidewalks, and around fire hydrants. No person shall place or deposit any ice or snow on any street or sidewalk or place such snow or ice in a manner as to partially or wholly obstruct access to a fire hydrant.  Any person plowing, shoveling or placing snow or ice onto a street or sidewalk or placing same around a fire hydrant shall be fined $250 for each offense.

2. Removal of Snow from Sidewalks.

The owner of private property bordering on a street where there is a sidewalk or footway shall, within twenty four hours after snow ceases to fall, cause all snow that may be on such sidewalk or footway to be removed therefrom to a width of at least four feet or the width of the sidewalk if less than four feet. In the event of an unusually heavy snowfall, the time limit shall be extended at the discretion of the Commissioner of Public Services and Engineering. The provisions of this section shall apply to snow which falls from buildings as well as to that which falls from the clouds.

3. Removal of Ice from Sidewalks.

The owner of private property bordering on a street where there is a sidewalk or footway any portion of which is encumbered by ice shall within six hours after the sidewalk or footway becomes encumbered with ice cause such sidewalk or footway to be made safe and convenient by removing the ice therefrom, or by keeping the same covered with sand or some other suitable substance.

4. Penalty for violation. Except as otherwise provided, any person(s) who shall fail to comply with the provisions of this section shall be fined twenty five dollars ($25.00) for the first offense and fifty dollars ($50.00) for each succeeding offense.  Each day’s failure to comply with this section shall constitute a separate violation.

By Councilors Burke, Hobin, and Slate

Posted in Uncategorized | Comments

  • Mike Kersker
    For every well intended law, there are always unintended consequences. The fact that Salem and Lynn have such ordinances does not mean these ordinances are practical or citizen-friendly in any way. Consider the following possibilities:

    The city is responsible for plowing the streets. I presume the city is also responble to sand or remove ice from all city maintained streets as well. Removing ice is consderably more difficult than removing snow, especially if snow is immediately followed by rain immediately followed by falling temperatures. To prevent ice in such cases, timing is paramount...but we all work and this cannot always be accomplished. Even 24 hours will not make it easier. It is one more citizen-unfriendly requirement. If we cannot remove the ice, how often do we need to check "our" sidwalks to ensure they are properly "covered with sand or some other suitable substance"? And I'm still having trouble with the definition of "properly covered".

    Snow that is pushed by city plows and city contracted plows is fequently piled high, even on the "citizen's" sidewalks, crosswalks, and corners...because the city is responsible to clear the roads. Since the ordinance suggests that it is illegal to put the snow back into the street, where will these sometimes huge piles of snow be placed? Should we, as citizens, hire trucks to "cart it away"? This is NOT a citizen responsibiility. On public property (the idewalks are public property, like the streets, are they not?) snow removal is a shared reponsibility of all citizens through the actions of their government, a government for which we already pay a significant fraction of our income. This is just a hidden tax...more work, time, or if neither are possible (working people, elderly, handicapped, incapacitated), money to pay to have this service provided. I'd prefer a special sidewalk clearing assessment...we already pay to have the streets cleared of snow.

    If ALL ice is not removed or covered by sand, whatever covered means, in addition to the fine that must be paid, is the city suggesting that the homeowner or business owner is liable for any injury that might result from the presence of this ice or snow? This IS New England. Ice and snow are part of our lives. And...if the removal of all ice and snow are not possible because of irregularities in the sidewalks themselves (analagous to "potholes" in the road), how long does the city propose to take to remedy these problems? If there's going to be an ordinance, this should be addressed in the ordinance. Am I liable if the City does not comply?

    Should an ordinance be required after a mere 383 years without one, the city should make sand or some other suitable substance (ground up glass is OK?...now I know what to do with the ashes from my fireplace!!) available to all citizens. How much sand should be available? Lynn provides two buckets/citizen/storm. (That works out to about 300 grains/square inch. Is that the safe level? What is the safe level? I'd love to see Bevery's finest on their hands and knees counting grains. Wait...it could be a special duty!!) Where are the citizens to go to get this sand? I suppose the line will be so long many will exceed the time limit proposed in the ordinance waiting in line for this sand...or...alternatively, do we just go down to Rice Beach and dig it all up?

    I know people who plow for the city. They do not pay attention...yet...to where they put the snow. Consequently, it is not unusual to have HUGE piles at the intersections of streets and sidewalks. The city provides a truck and special crew to remove these piles from these intersections. Can we hire these crews? If so, is this crew obligated to remove this snow prior to the time limit? If my neighbor has a heart attack attempting to shovel these hugely heavy piles of snow from the street/sidewalk intersection, is the city responsible? The Weather Channel even tells us, when the snow is heavy and wet, to moderate our activity to ensure we do not overburden our hearts. Now the city is responsible for piling up this heavy and wet snow into unhealthy and possibly lethal barriers for some of our middleaged citizens. How citizen unfriendly can you get!!!

    I could go on...but...the snow has accumulated and I need to get out there before the sun comes up. I'll be out of town for two days and have to get that snow off the sidewalk before I get to the airport.
  • trinaknoll
    WOW! You sure have alot to say for someone graduated in 1990.
    Is the snow that big a deal up there???

    You should run for Councilman! lol

    Signed,
    Trina Duerden - Knoll Class of "90"
  • Sore Back
    Do fines apply to our fearless city plow drivers who un-do our sidewalk clearing by plowing the snow right back in on the side walk? No disrespect to these hard-working individuals who clear the streets, but sometimes it is just a battle and our poor little shovel and aching backs never seem to be on the winning side.
  • ~Union Buster~
    Insane! $250.00 -$25. and $50 for subsequent. Just leave things the way they are.
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