Shovel, salt and sand: Sidewalk safety
If you’ve walked anywhere following last week’s snowstorm this may sound familiar: Someone did a fantastic job clearing the sidewalk, making a wide, ice free passage. The house next door has a path that may be less wide, but it’s passable. And then, on the same street, a wall of snow stops you dead in your tracks.
Clearing sidewalks is definitely the neighborly thing to do, but is there anything on the books that requires residents to shovel after a storm? Yes and no.
In contrast to some cities and towns, Marion Police Chief Lincoln Miller said there is no local bylaw that dictates when residents should have snow cleared from sidewalks following a storm.
Boston’s policy gives business owners three hours to clean snow while residents get six hours. In Worcester, the minimum amount of time is 12 hours. Police are authorized to issue fines to people who fail to clear walks.
For some residents, the Department of Public Works handles their sidewalks, mostly in Marion Village, Miller said.
In Mattapoisett, Highway Surveyor Barry Denham said, "We’ve had a lot of people inquiring about the sidewalk maintenance. We don’t have a lot of equipment for that type of work. At our manpower levels we don’t have enough people to do that."
Denham said he asked the Finance Committee for more funding to clear sidewalks but was denied.
"They stated that it was the responsibility of the residents," he said.
While residents who don’t clear walks after a storm may not face local action, they may be held liable should someone slip and fall on a poorly shoveled sidewalk.
In 2010, the Massachusetts Supreme justices overruled hundreds of years of legal precedent, ruling that snow and ice must be removed, much like any other dangerous condition that may be found on a property.
Before that property owners could leave “naturally” accumulated snow and ice untreated without fear of being held liable.
So what does this mean for homeowners?
To guard against slips and falls property owners are encouraged to follow the three S’s – shovel, salt and sand.