Against the law to not shovel snow?

[92FS]

City of Lawrence - Municipal Code


§ 5-2-1-37. REMOVAL OF DIRT AND ICE FROM SIDEWALK.

All owners of real property abutting upon any street upon which there are located improved sidewalks are hereby required to keep the sidewalks in front of their respective properties clean and free from earth, dirt, rubbish, ice and snow, or other obstructions which may accumulate thereon.
Penalty, see § 1-1-2-3

§ 1-1-2-3. GENERAL PENALTY.

(A) Whenever in this code or in any ordinance of this City or in any rule or regulation promulgated by an officer or agency of this City, under authority vested by law, any act is prohibited or declared to be unlawful, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, and where no specific penalty is provided thereof, the violation of the provision shall be punished by a fine of not less than $50 nor more than $75 for the first offense or for each offense in the first continuous series of offenses and by a fine of not more than $2,500 for any second or subsequent offense or for each offense in any second or subsequent continuous series of offenses.
(B) Each violation shall constitute a separate offense and each day that a violation continues, after notice of the violation is given to the responsible party, shall constitute a separate offense.
(C) The fine assessed for the violation of any ordinance shall be determined by a court of law in compliance with the provisions of the applicable code section prescribing the penalty or, if none is prescribed, then in compliance with division (A) above, depending on the nature and severity of the offense charged; provided, however, that if the violator, after receiving a complaint and summons for the ordinance violation, thereafter voluntarily complies with the provisions of the violated ordinance, admits the violation and pays the fine at the Ordinance Violation Bureau within ten days of receipt of the complaint and summons, the fine assessed shall be the minimum fine for each class of violation.

 

[rhino]

This is one of the many issues that irritate me.

In many (most) communities, there is an ordinance requiring property owners to assume responsibility for keeping sidewalks that they do not own clear of debris and passable.

How do the municipalities justify that? It seems to me that if the city owns it, the city should have the legal responsibility to maintain it.

The way I see if, if they're going to force me to keep it clear, I should own it and be able to do what I want with it, like make charge a toll to use it.

It's an even bigger travesty that when someone falls and hurts themself on these sidewalks, liability usually falls on the owner of the adjacent property. Why do we tolerate THAT?

It's like the city/town is having their cake and eating it too ... as the individual's expense.

I'm glad my neighborhood doesn't have sidewalks.

 

[JD31]

Gotta love Illinois. I have also heard that if you attempt to shovel and do a half *** job, and someone slips and falls you COULD be held responsible. Whereas with just natural accumulation if someone falls there isn't a liability issue.

We discussed this subject in one of the law courses I've taken in the past. If I remember correctly, if you have not removed snow from your sidewalks in a "timely" manner, that you could be held liable for any injuries sustained by those passing by. Might be a case of better safe than sorry, regardless of any written ordinances.

Then again, it may have just pertained to businesses. Another part of the discussion centered around the differences between a storefront and church. Seems that a church cannot be held liable because people they are a not for profit, and people do not have to attend. However, if they have a school and take in tuition money they are held to a different standard.

 

[Timjoebillybob]

Monticello has one also.

§ 96.60 REMOVAL OF SNOW FROM SIDEWALKS.

It shall be unlawful for the owner or occupant of any land adjacent to and abutting upon any sidewalk to suffer or permit snow to accumulate, be or remain upon said sidewalk abutting thereon, for a longer period than three hours after daylight, and after the snow ceases to fall.
('77 Code, § 17-14) Penalty, see § 10.99
§ 96.61 REMOVAL BY CITY; OWNERS RESPONSIBLE FOR COSTS; COLLECTION OF COSTS.

(A) If a person should fail to remove snow as required by the provisions of this subchapter, then the Street Commissioner shall have the work done and shall collect from such person the costs thereof. ('77 Code, § 17-15)
(B) Upon the failure of a person to pay the costs of snow removal work performed by the Commissioner, the Commissioner shall report such fact to the City Clerk-Treasurer who shall certify such costs to the County Auditor. The Auditor shall cause such costs to be placed upon the tax duplicate of the property concerned and such costs shall then be collected from such person as other taxes are collected. ('77 Code, § 17-16)

And the penalty under 10.99 can be a fine as high as $2500

 

[Jack Ryan]

It's the same every where ya go gripe gripe gripe cry cry cry. "Whaaaa, why do I have to..."

"Wah wah daddy I don't wanna shovel the snow."

"Wah wah wah, worthless lazy spoiled brat. Feed 'em, put a house over their head and send 'em to school, ask 'em for shovel snow for ten frigging minutes and they are crying like you were beating them."

"Wah wah wah, lazy POS. In my day we shoveled snow 3 miles a day up hill both ways. Now I couldn't get to the bus stop if this frigging walker had skis and a dog tied to it."


Wonder why people call women a stupid b--h for wrecking on a snowy highway? Wonder why they park in the handicap spot? Wonder why they are too frigging lazy to push a cart back in Mao Mart even if they have to walk around it to get in?

Blah blah blah, just read these forums and if you are looking they are a lot like the Bible. If you are looking for answers, the answers to just about all of life's questions are right here in front of you.

Just go out and clean off the driveway and the sidewalk. Pay attention to the guy who's been doing it the most and the longest and you just might learn something that takes a lot of the work out of it.

 

[femurphy77]

Damn Jack!

 

[Jack Ryan]

Damn Jack!

LOL, quite a rant wasn't it?

 

[Fletch]

That 3-foot drift in front of my door means "we are not currently in the mood for entertaining; come back when the sun melts it."

 

[Shadow]

ok i think its all bull s@#$ the town or city comes by and puts in a new side walk,,first off i didnt ask for one,,,then they tell me i have to keep it clean. ok i go out and clean it (shovel ) for the excersize,,but i have no ware to put the snow,theres a fence between my yard and the sidewalk ,so i throw the snow in the street. well next thing i know a cop pulls up and i get a $25.00 ticket for throwing the snow into the street. The town ordenance says we are not to push or shovel or throw the snow into the street. GZZZZZZZZZZZZZZZZZZZZZZzzzzzzzzz

 

[rambone]

So what if you are out of town during a blizzard? Heck, what if you spend the winter in another state? Wouldn't it suck if you came back and had a bunch of tickets waiting for you? Yeah, it would.

What if you are elderly or disabled? Will you still get ticketed? I'm not a fan of laws that only apply to certain people. Sounds like profiling to me.

I have shoveled plenty of sidewalks. It's the neighborly thing to do and would still get done without this silly, symbolic law.

 

[gunrunner0]

There was an excerpt on the local news the other night about West Lafayette having the same type of ordinance. I think property owners have something like 6 hours after snowfall ends to clear their sidewalks. I believe they mentioned a fairly hefty fine for those who did'nt abide by the ordinance.