We’re in a trial program for the snow-removal ordinance, ending next November (search for “Sec. 26-8D” here). Has it been effective? In the last couple of weeks, we’ve not had a 30-hour gap between snow falls, so no one has been out of compliance as the snow mounts up. We all get 30 hours after the storm to clean up. So far, in all this mess, the ordinance has not applied because we keep renewing that 30-hour grace period. All the clear pathways we see now (and are grateful for) are due to Newton being neighborly.
There are some who want the City to plow every sidewalk, since all the sidewalks are City-owned. There are some who want all walkways included in the ordinance, which currently applies only to paved walkways.
The sidewalk shown here was shoveled out — even through mounds of snow and ice that were piled up on the street corner by City street plows. But once the 30-hour grace period is over, this sidewalk will be out of compliance — because it’s only one shovel-width wide (instead of the lesser of 36″ or the width of the sidewalk).
There are some who say that the ordinance should not apply in the current case because we’ve had such a crazy about of snow. But the ordinance makes no exception for amount of snow or number of blizzards.
One thing I don’t understand about the ordinance: It says that “every owner or occupant…shall use reasonable efforts to remove snow and ice from the sidewalk.” Doesn’t that mean that if I do all the shoveling, the rest of my family is out of compliance, since they did not make any effort to remove snow and ice?
All in all, I think this ordinance needs some continued thought.
Overall from my experience the ordinance has helped. I work in downtown Boston and bike to work every day until it snows. Then I walk to the T. On my route from near the Library to Newton Centre, since the ordinance passed, the route has definitely been easier to traverse. And yes, I think that if one family member is doing all the shoveling, everyone else is out of compliance! I am going to call 311 now for my household.
@Shawn Fitzgibbons – Thanks for the tip. I’m definitely going to point out the statute’s “every owner or occupant…shall use reasonable efforts to remove snow” language to a certain young non-compliant occupant of our house tomorrow.
But seriously, that is some awfully sloppy language for a city ordinance
Another ambiguity ….. in the case of an unshoveled rental property, it’s not clear in the language whether it is the owner or the occupant who’s responsible.
We haven’t had a 30-hour gap (1.25 days) between snowstorms? I don’t think that is accurate. And even if it were true, a new batch of snow that starts falling 29 hours after the end of a 12″ storm wouldn’t mean we can skip cleaning up the first foot.
I am managing to keep 3′-4′ path of clear sidewalk out front…however I am really only able to help the neighbors with a 2′-2.5′ snow blower path up to the corner. There is just literally no place to put this stuff especially as the section I live on all has rock walls next to the sidewalk which makes it hard even for the snow blower to get it up and over, especially as there is 3’+ on top of the walls already!
I feel really bad about all the disabled folks and hope The Ride is able to get them where they need to be. The disability commission really needs to be in on the sidewalk priority routes and help identify where some of the especially needy residents may live. (they may already be, in which case good!!).
I also hope the new equipment can put down a salt water mix because just salting (and/or sanding) behind the machine is not enough since shoes are not enough to grind the salt and mix it properly to melt ice/snow. The salt-water brine mixes are how many European countries keep their protected bike lanes as well as sidewalks clear, and they work really well.
I am gonna have to crack down on the kid of my downstairs neighbor, he has not been shoveling one bit and in fact keeps trying to build things and keeps getting snow on the cleared paths!! He is totally slacking in his duty!!! 🙂
The shoveling ordinance is nothing more than an excuse for local government to ignore a critical public safety function and avoid its cost. Sidewalks deserve the same attention as streets. It’s fine to ask residents and homeowners to help, but ridiculous to expect them to do a job that’s best performed by a coordinated effort of mechanized equipment. Shoveling ordinance proponents have done us all a disservice. It’s time for them to stop complaining about their neighbors and start complaining to City Hall.
I agree with Mike Striar. If we are required to adhere to a laws formed by government which was formed to collectively provide community safety services and emergency support. There is nothing community minded about tattling on your neighbors to law enforcement which may more simply be accomplished by talking and working with you neighbors
Can I get a heater built into the hydrant on Elm road. I ‘m tires if shoveling it out every other day 🙂
Janet – that’s true to a point, but doesn’t work when the “neighbor” is a multi-unit condo where it’s unclear who’s responsible.
Here is a situation I just experienced. I had just finished 3 hours of shoveling my own property and helping my adjacent neighbors with their sidewalks. My sidewalk was in compliance with the city ordinance. I came in the house to shower, relax and warm up. I looked outside and there are some kids proceeding down the sidewalk making vertical “angels” in the high snowbanks created from clearing the sidewalks of 84+ inches of recent snow. They were having fun in the freshly fallen snow. The problem is that there fun put my sidewalk in a non-compliant state due to the snow that they re-deposited on mine and others’ sidewalks.
Am I required to redo my efforts because some kids were having fun (at my expense)? Will the city outlaw snow angels and other currently non-regulated activities on public walkways? Will the city issue fines to people who cause sidewalks to fall from compliance? Is this another situation where residents will need to report on neighbors?
Unfortunately, Patrick, the ordinance says: “This section shall apply to snow and
ice which falls from buildings, other structures, trees or bushes, as well as to that which falls from clouds.” So if fallen snow angels are “other structures,” then you’re on the hook to get your sidewalk into compliance. But I guess you have 30 hours from the time the snow angels wreaked their havoc. 😉
@mgwa
or when the “neighbor” is a multi-unit condo where it is clear who’s responsible … but they still don’t do it. I’m talkin’ to you Chestnut Grove Trustees
Patrick, of course you’re in compliance. Let’s not become sticklers over the wording of the ordinance, especially under circumstances that even native New Englanders have never experienced. The folks who are most bothersome are the ones who have their driveways and and property plowed, never lift a shovel, but won’t pay a few extra dollars to have the public sidewalk plowed. No one’s trying to shame residents who’re doing their best, but the folks who live on the West Newton Hill section of Chestnut St., most of whom never have their sidewalks plowed? They could use a little shaming.
Jane, the city administration, BOA and SC have put themselves in this situation where I now need to question the language in any public document.
Do I need to remind you about the override where the city asked for additional taxes to pay for a new Zervas, while choosing to omit the fact that the new school would increase enrollment by 150% to 500 students with all the accompanying traffic issues. Maybe with more students converging on the new school, the city will do a better job of snow removal on Evelyn Rd, Puritan Rd and the other ancillary roadways around the school. And the sidewalk on Beacon St. will deserve better treatment for all the new kids walking to school from 4 Corners to Beethoven Avenue.
Since the City wants to codify the behavior of its property owners regarding snow removal, I would like it to be clear. Despite your comment about the West Newton Hill section of Chestnut Street, the trial ordinance does stipulate that the city can shame any property owner in Newton with a door hanger warning and follow-on fines for repetitive non-compliance. I would like to know the boundaries of the ordinance that will be in effect after the trial period.
Who fools me once, shame on him. Who fools me twice, shame on me. I do not like being taken for a fool.
Having shoveled the sidewalk, we were dismayed when the city plough came along and proceeded to knock the snowbank on the berm all over what we had just shoveled. So…we clear it, and the city comes along and undoes all our work. Marvelous.
Patrick-Believe it or not, I was referring to the snow shoveling ordinance the BOA passed a few years ago, and thought the idea of a public shaming was a joke and not an ordinance in the making. I had heard about orange door hangers used in Somerville, but not Newton. Until this moment, I did not know that the Newton BOA was actually acting on this ordinance, though I’d support fining those residents who are able to, but repeatedly refuse, to shovel their walks.
As for the larger issue you raise, if the BOA passes an ordinance and I haven’t take the time to find out about it, then that’s my fault and therefore my responsibility to comply with it. We’ll probably always disagree about the Zervas School. It’s perfectly fine to have points of disagreement.
Jane, thank you for your reply. I have already taken your recommendation to learn as much as I can about various city ordinances. That is why I submitted my comment above.
FWIIW, Boston Mayor Walsh addressed the issue of youthful shenanigans with the snow in his morning press conference today. So I still consider my concern a point to be considered by the BOA.
@Patrick – “Patrick and the Youthful Shenanigans” would be an excellent name for a band 😉
Jerry, thank you for the suggestion. Maybe I should hire you as my agent and road manager? The pay would not be so great given the low expected revenue that may come from any concerts and albums (or whatever they are called now). (smiling emoticon)
@Patrick – I’m in. We’ll open you this next Tuesday for a matinee performance at the Countryside After School Program. Give me a month or two and we’ll have you headlining at the Highlands Soup Social.
Here’s an interesting idea:
http://www.universalhub.com/2015/organize-snowcrew-yeti-shoveling-party
What about vacant buildings? (One on Athelstane has gone uncleared since the first storm.) What about plow services that leave a 6 foot berm next to a driveway, making shoveling the walk impossible? What about plow/shoveling services booked by landlords for tenants that seem to follow a long-standing practice (tradition?) of shoveling from driveway to front walk, but not the rest of the public sidewalk?
And what about all these lots with no sidewalk to begin with, which means they’re exempt from shoveling ordinances? (The one-disservice-deserves-another escape clause.)
What I’ve seen happen on Athelstane is that one bad turn deserves another: with one house totally un-shoveled, its as if a bunch of residents on that side just threw their shovels down in frustration: well, what’s the point, if a pedestrian is going to have to walk in the street two houses down anyway?
With this amount of snow, the thought of making a path more than shovel-wide between the stone wall along my sidewalk and the now 6-8 foot berm between the sidewalk and road… well, it will remain only a thought. And I’m reasonably fit, and kind of enjoy shoveling (and yes, I appreciate that’s a little twisted.) So, yes, the language needs to be clarified.
@Jerry & others wondering about who is responsible for the sidewalk snow, “owner” or “occupant”.
As the police have been interpreting it, if the occupant does not clear (or there is none), the sidewalk responsibility is ultimately the owners. That’s also how other Mass. communities interpret it.
Many residential and commercial leases contain “riders” which delegate responsibility for snow removal to the tenant, so it may become a private matter between the landlord and tenant as to who is responsible for paying fines.
Where are the orange hangers? Jim Morrison in the Tab writes about 2 Alders who haven’t cleared their sidewalks.
Ward 4 Alderwoman-at-large Amy Sangiolo said “We shoveled the sidewalk and the fire hydrant, then the city plowed it in again,” “Lots of people in the city are not shoveling because the city is dumping snow on it again.”
Ward 6 Alderman Dick Blazar said “We tried to clear things out. I’m on a corner lot. There’s no sidewalk on one side. At the corner it’s about 8’ tall and you can’t get through it. It is a problem.”
@Marti: I did shovel. I sent in a column to the TAB to respond to their article. I would show you pictures that I sent to the TAB minutes after Mr. Levin stopped by house and I showed him the section of sidewalk that was beautifully shoveled by me and with the help of my neighbor that they failed to mention, but I dont know how to upload the pictures. The only sections that were covered were two smaller sections of sidewalk that were covered by city snowplows. Feel free to drive by my property and see for yourself.