Urbana mayor wants all walks shoveled
URBANA -- It's May. Flowers are blooming, and the temperature is rising. But the city is continuing its battle against the snow.
Mayor Laurel Prussing told a task force this week that she hopes to have a citywide sidewalk snow-removal ordinance in place before the freeze sets in again this winter. It is an idea the committee has visited before, but for a more limited geographic area.
Earlier this year, the neighborhood safety task force had discussed setting up snow rules which would require property owners to shovel their sidewalks after significant snowfalls along 35 miles of "Safe Routes to School" and possibly business districts. Now, Prussing has expanded the potential enforcement zone to the entire city.
The task force agreed to send the idea to neighborhood associations throughout the city to gather public input. The new rules are still in the preliminary draft stages, but Prussing said the ordinance may come before the city council in September.
To make it work, "it really does take changing people's attitudes," Prussing said on Wednesday.
"No matter what ordinance we pass, we cannot please everyone," Prussing said. "So we have to write an ordinance that we think is reasonable for the general good."
A draft of the ordinance she presented looks a lot like Champaign's shoveling rules, with a few key changes, though they are all subject to revision:
Enforcement zone. The Champaign sidewalk snow-removal ordinance only applies to a limited portion of the city: the downtown area and the University of Illinois campus. On Wednesday, Prussing said she is exploring establishing the rules for the entire city of Urbana.
Deadline. The Champaign snow rules give property owners 48 hours to clear their sidewalks of ice after a declaration is made by the public works director. The draft Prussing presented this week would give property owners 24 hours.
Typically, the announcement activating the snow ordinance would not be made until the snow has stopped falling. And John Collins, an operations supervisor at the Urbana public works department, said city officials might even hold off until plow crews have had a chance to clear most of the streets, which usually takes a day or so following a snowfall.
Width. The Champaign ordinance requires property owners to clear a minimum 48-inch-wide path or the width of the sidewalk, whichever is less. As presented this week, the Urbana ordinance would require a 48-inch path in business districts but a 36-inch path in residential areas.
Prussing did not outline a specific enforcement mechanism on Wednesday, but in Champaign, violators' sidewalks are cleared by city contractors and the property owner is billed for the work. Added to that bill is a $100 administrative fee.
Bart Hagston, the environmental sustainability manager at the public works department, said a fine could also be attached to violations, and the charge may grow with each subsequent offense.
The snow rules are aimed at making the city more walkable after heavy storms and reducing the risk that pedestrians slip and fall on ice.
Task force members raised some concerns during the meeting: what a property owner is expected to do if they are out of town during a snowfall or what is expected if an extreme storm leaves an unmanageable amount of snow.
Prussing said property owners will need to know the rules and make arrangements if they are planning on being out of town -- an education process would follow if the city council were to pass the ordinance, she said.
Enforcement would be largely complaint-based, the public works officials said. The department does not have the staff to inspect every city property following a snowfall.
Mayor Prussing,
This proposal to extend mandatory shoveling to all sidewalks in the city leaves me with a few questions. Perhaps you or a member of your staff could answer them in this forum:
1) Who is liable if someone slips and falls on a city sidewalk in front of my property after I have exercised due diligence in complying with this proposed ordinance?
2) What about the people who cannot shovel their own sidewalk due to physical limitations? Will they get stuck with a bill from the city?
3) Will there be a threshold value for snow accumulation, or will the ordinance be in effect every time there is snow on the ground?
4) What about people that are out of town when there is a snow event? Will they also have to pay the city if their sidewalk isn't shoveled?
5) What if someone DIES while performing their civic duty in this regard? Can the estate of the deceased file a wrongful death suit against the city?
Don't ask. They haven't thought that far ahead.
The liability issue screams out for attention. Illinois courts have obviously spoken on the issue. But how does Home Rule mitigate the precedents? I suppose I should look it up. I have the Google right here next to me.
Seems that the easiest solution is for Mayor Prussing to not allow snow to happen. Urbana needs a dome! A green crystal dome would stop the snow. A control area behind a curtain could be located in the Mayor's office. All lawns, parks, and playing fields could have artificial grass which would prevent un-mowed areas. It would add protection, and longevity to the statues also.
It's pretty sad that they have to write a law for this. People should get off their humps and do their job and keep their sidewalks clear. There is an older gentleman in my neighborhood who walks his dog many times each day. I keep my sidewalk clear for him and any other neighbor who needs to walk. I can't fathom why people aren't willing to do the same for their neighbors. It makes me mad when people don't take 15 minutes to clear their sidewalk-particularly those people live near schools where kids are walking (or at least are trying to walk). I support this law wholeheartedly.
I'm 40, not that it matters. the older gentleman is in his 70's. He is typically the first of the neighborhood to clear his sidewalk.
As for fuzzy beard's questions:
1) the same as it would be in the middle of the summer. However, if you failed to meet the law, the answer would obviously be "the property owner." Most likely, it would be the property owner in all cases, but I am not aware where the liability falls in a normal case. I have not had anyone sue me for falling on my sidewalk, so I wouldn't know.
2). Yes. They would be responsible to pay someone to do the work if they could not do it themselves, just they are responsible to keep their lawns mowed and yards maintained.
3) Mostly likely there would be a point where a snow ordiance is in effect, as there is for parking on snow removal routes. I personally think that if the sidewalk is covered, it should be cleared.
4) yes again. Pay a neighborhood kid to shovel if it snows while you are out of town. I do.
5) what if someone dies mowing their lawn, or moving their car off a snow route? or sitting at a red light? or traveling down the road at the speed limit. It's sad, people cry, they are buried and life goes on for the rest of us. Of course, there are always the lawsuit hungry money grubbers who want to make people pay, so that would be their choice to sue. There are always going to be frivolous lawsuits, as there have always been.
Regarding your point #1:
"the same as it would be in the middle of the summer."
I can find only one flaw in your answer, that would be what about additional snowfall in the same day and what about freeze/thaw cycles glazing over the sidewalks? OK, it's 1.5 flaws, but still...
Regarding your point #4:
"Pay a neighborhood kid to shovel if it snows while you are out of town. I do."
And if the neighborhood kid falls down and is injured? What then? Send the bill to the city?
I'm not trying to crush your ideas; rather, I enjoy playing "devil's advocate" and try to get people to *THINK*. I am also emphatically not an expert on case or tort law. I just want to have a few questions answered before I have to talk to my wife about getting a snow blower.
A city with shoveled sidewalks is a sign of a civil society: The elderly, the young school children and the physically handi-abled require good, cleared sidewalks else they're resigned to walk in the road or makes it difficult for them to be independent.
What we currently have -- putting pedestrians in the road at a time when vehicular control is at its worst -- is a recipe for disaster.
Whole-city shoveling is a great step forward for the livability of Urbana by Mayor Prussing and the City Council, and it looks out for the least of us. My hope is that Champaign would follow their lead and extend the shoveling ordinance city-wide.
As for the legal concerns brought up, they're just shoveling a different sort of shtuff: many other cities in the US (and Illinois) have shoveling requirements, just as CU and other cities have yard mowing ordinances.
I don't disagree about the "neighborly" value. I'm not trying to be anti-social.
Personally, I enjoy the exercise. My neighbor Karla almost made fun of me when I shoveled three times one day this year. That's me. I'm energetic and youthful.
But Urbana is home to boatloads of elders. I've met many of them. I was explicitly instructed to tell you, the reader, that Old Folkes are not eager re: Mandatory Snow Removal.
Disregard their views at your peril because WOW do they vote.
This sounds a little crusty, but I might feel slightly more neighborly and hospitable if I didn't repeatedly get to deal with litter in my front yard deposited by school kids walking by. Realistically, most kids don't do this, but the few that do might not inspire property owners to go out of their way to clear sidewalks.
I hear you on that! I had the pleasure of picking chip bags & pop cans out of my front and back (!) yard this afternoon. Unfortunately, I would think that this is more of an upbringing problem that rests with the kids' parents or other responsible adults.
Besides if this ordinance goes through, your point will be rendered moot and subsumed to the greater good; whatever that may be.
I would love to be able to get out shovel my walk, but I have been crippled with a disability.
I also cannot afford to pay someone to shovel for me...where does that leave me and others in the same situation? With a stack of fines from the city?
Those that are physically able to clear their own walks or financially able to pay someone else to do so should not be so quick to assume all others are lazy.
Don't septuagenarian's & octogenarian's have to mow their lawns as well?
As someone who walks by choice (either all the way to work or to the bus stop) and realizes that others don't have a choice, I have experienced what it is like to try to get from Point A to Point B walking through the snow and I have thought every year that residents should be required to shovel their walks, every time I am completely unable to walk anywhere but the street, dodging traffic, jumping back in between cars. For some it's not just an inconvenience, it's an impossibility! I do this by choice, but there are definitely people who have no choice but to travel this way. What kind of society do we live in when you can't utilize the most basic form of human transportation? I'll tell you what the feeling is like, you feel trapped, snowbound, it's as though a true blizzard has come down and shut down civilization because as far you're concerned, it may as well be. So, those septuagenarian's & octogenarian's who have family help them out or pay a neighbor kid to do it, well it's time for them to pitch in again; my father and I do it for my Grandmother anyway, I do it for my Mother as well, in fact I did it for a neighbor lady when her plow man didn't show up at the last snow. I curse the snow now, but I do what needs to be done.
No, they don't.
Lots of 70 & 80-somethings choose shady trees and groundcover instead of grass. But yes, many elders keep a lawn and maintain it with paid help.
Grass-cutting can be scheduled almost like clockwork. The market demands droves of professional lawn-mowers.
Do we have droves of professional snow-shovelers? The local lawn-mowing industry is big, but can they all show up by 8 a.m. the next morning?
With grass, the scheduling can be done months in advance. Snow is less predictable, and it comes all at once. Instead of mowing 5 lawns per day, over a two week period, those same laborers would be required to shovel 70 sidewalks between x & y time, where x = the hour snow falls and y = the city's deadline.
Q: What if it snows all night? One self-employed contractor has an hour to do the impossible? His liability is 70 x $100 in fines?
A: Nah, he quits the business before December 1st.
The kid across the street was quite willing to shovel my walk for a few dollars. I declined to hire him (I need the exercise, and I'm cheap), but I'm sure I could work out a standing arrangement with him and his parents to get my walk shoveled for a reasonable price if such a service were needed.
It's not hard to make this work if you don't like to shovel your own driveway. But it does cost something (either labor or dollars) to keep the right-of-ways on your property clear. Moving in to town means that you're throwing your lot in with you neighbors. I s'pose one could always move to the country but that incurs other costs, and right-of-ways exist on some rural properties, too, and the same issues of courtesy apply.
That's fine. All these idealistic arguments are fine, good even.
On the day you receive a bill because
- you were out of town for Christmas, and so was the neighbor kid
- you were out of town and the neighbor kid chose video games
- you were in town, but kinda forgot, and so did the neighbor kid
you will feel just as community spirited, and so will I.
I regularly walk to the bus stop and/or to work. (I'm a homeowner in South Urbana.)
Before I started getting to work without a car (and saving myself a ton of money and improving my health), I wondered why people would walk in the middle of the road after snowstorms. After a few trips across icy and poorly cleared sidewalks, I found that in some cases it actually is safer to take your chances with traffic than it is to walk on the sidewalk. In other words, the people who were obstructing traffic by walking in the road were acting in their own self-interest.
As much as I hate the idea of adding entry to the rulebook, this one will make my life much easier. Also, if you don't like people walking in the middle of snowy roads, you should consider supporting this rule.
This dialogue is intriguing when I think of the many snowy cities that exist in the USA, all filled with school children, elderly, healthy teenagers who can shovel snow, people who have to walk to get to transportation, etc., and some how or another these various populations get through the winter, shovel snow covered walks because of a city ordinance or it is the right thing to do, arrange to have walks shoveled when out-of-town or can not do so, etc. Maybe we ought to get advice from them just how to go about getting people to be considerate of each other throughout the wintry months. :-)
At least whenever there is a white Christmas while many are gone for the holiday; the city should make some money in fines. With the money, the city could hire a few Snow Removal Inspectors. Without that, it would have to depend on neighbors complaining about their neighbors. It's a shame that the city does not do what it expects of it's citizens. Drive west on Windsor Road after a snow storm. You can tell when you crossed the line even if Wright Street does not yet go that far. Snow has been removed from the Champaign side. When you drive home after work, it is the same way. You know when your back in Urbana on the snow, and ice.
Exactly. Who owns the sidewalks? Who should be responsible for maintaining them? Ofcourse the city does not want to step up to the bar because this would be unreasonable. Deploying city workers to clear snow from the sidewalks would be a colossal drain on the budget. That's where government steps in, force the city's responsibility onto the residents. That is not fair. In a winter with heavy snow some might not be able to afford the removal/fines. Like stated before, some might not be able to clear the sidewalk. I believe the mayor might be wanting a little too much. Champaign has the downtown thing, but that is for the benefit of the businesses. Those who do not like to walk on snow packed sidewalks should move to where there are none.
I live in Champaign, but my wife and I got a new puppy last October. I have found myself walking around the neighborhood much more than I used to, and if Champaign ever decides to follow suit, I would be all for it.
Yes, it is the neighborly thing to do.
Yes, you can find a kid to do it for cheap.
Yes, it is for your own safety as well, when you go to get the mail, or walk to your car, a clean walk will help.
Most, maybe not all, but MOST reasons for not doing it, are lazy.
After the big snow earlier this year, even 4 or 5 days after the snow had stopped, there was only one house in the 6 block path that Molly and I walked that was shoveled, and that was my house. But there were along this same path probably 25 to 40 driveways that were shoveled prefectly clean. So what, you have the capability to shovel 150 square feet of driveway, but dont have the energy to finish the last 30 square feet of sidewalk?
It should not have to be a law, but since so many people in today's world are uncaring about their neighbors, it unfortunately has to be made a law. Just like people know that they shouldn't use their phones (voice / text) while driving, but we have to make laws to get people to do the smart thing.
I applaud the mayor for this great idea, and ask her to convince the new mayor of Champaign to do the same.
The only thing that I would suggest, is stick with the 48 hours rule after the snow has stopped.
Someone was kind enough to clear my driveway, but my sidewalks went unshoveled. I am not an uncaring neighbor, but since I cannot move on my own anymore, you have made this assumption about me. I used to walk everywhere myself, and understand having sidewalks cleared of snow,
but if I can't do it and I can't pay for for any help....I am wondering where this law would leave me.
I said MOST of it was laziness, not all. I understand that there are exceptions, and I said that. However in my example where there are probably 50 houses on a six block path, mine was the only house that had the sidewalk shoveled. You would have a hard time convincing me that 98% of my neighbors are unable to clean their walks. I saw some that even had snow blowers, and cleaned their driveway, but not there sidewalk.
So our little puppy Molly, who weighed maybe 6 to 8 pounds, and is white and tan in color was forced to walk in the street. Do you know how difficult it is to see a 6 pound mainly white object in the snow? She almost didn't survive several cars that got way too close to hitting her.
I helped several neighbors clear their snow. Some nice neighbors do still exist. In your situation, you had someone help you, I bet if you had asked nicely, or offered your neighbor a couple of dollars to do the sidewalk as well, I am sure that they would have probably helped you.
Someone else mentioned that the city could keep a list of volunteer / cheap employees to help shovel snow for people in your situation, that is a wonderful idea.
This ordinance is needed for the same reason all the others are. Some people just dont consider the impact their lack of action has on others. There is many things you have to do to maintain your property no matter what time of year it is. You can choose to do it yourself or you can pay someone. Clearing snow from your sidewalk is not any different then cutting your grass or having your garbage removed. It doesnt matter your age, physical ability, income or if you are on vacation or not. These are the responsibilities of being a property owner and a good neighbor.
Actually, there *is* a difference here. Cutting grass and garbage removal are predictable - you know that you will need to do them about once a week, and garbage is always picked up on a designated day. So if you're out of town for a few days or you sprain your ankle, it's not too hard to work around. Snow's a lot less predictable, and the proposed ordinance requires that the owner deal with it within 24 hours.
Amen.
I am not talking about the sudden, unpredictable 2" snowfall here.
I would say that the ordinance shouldn't even kick in until 3" of snow have fallen on the ground, and the clock shouldn't start until 48 hours after the snow stops falling.
If we ever get a larger than 3" snowfall, typically the weather forecasters have at least 3 or 4 days warning.
So once that first forecast happens, start looking for a volunteer or local kid to shovel your snow. Those 4 days, plus 2 days of the countdown, would give someone almost a week to find someone. And that should be just the first snowfall of the season, after that, you could probably just use the same resource that you used last time.
In today's world of phone and internet, does someone want to admit to being too incompetent to be able to accomplish such a simple task? If you are, how did you ever accomplish becoming a property owner in the first place?
The 24 hour time period doesn't seem reasonable. Sometimes things happen, and people may get hurt or have to leave town unexpectedly. However, an educational process might be helpful. The city could try sending letters to property owners who live on "safe routes" and don't clear snow saying, "Hey, this may seem like no big deal to you, but it's dangerous to kids." Being contacted individually and told that someone has complained might make a difference to a number of property owners.
It might also be useful if the city maintained a list of people who were willing to clear sidewalks as needed for a reasonable amount of money and allowed residents to sign up in advance for this service when they would be unable to do it themselves. Perhaps they could also help connect volunteers with people who lived nearby and were elderly or disabled.
It took my husband and me 3 days to get our driveway shoveled after the big snowstorm last year. Even then we didn't get it totally cleared.... The the plows came through and we had to start over. We did not get the sidewalks shoveled. We would have had to be out shoveling during the storm in order for us to meet the 24 hour rule, or we both could have taken a day off of work so we could meet the requirements.
However, If I get my sidewalk shoveled and the freaking plow comes through 2-3 days later (like it does on my street) and covers it back up, the city can come out and shovel it.
..."if I get my sidewalk shoveled and the freaking plow comes through 2-3 days later (like it does on my street) and covers it back up, the city can come out and shovel it."
I have this problem as well; it get rather annoying when the plow truck seems to deposit boulder-sized agglomerations if snow, ice, and other stuff right in front of my freshly shoveled driveway.
I agree that the city of Champaign is bad about that.
Many times, I have cleaned off my driveway, only to come back out later to find that they have demolished the 3 to 5 feet closest to the street. The plows do need to either drive slower or correct the angle on the plow so that it it pushed more forward, and less onto citizen's property.
i suppose I'll have to soak up any excess water on the sidewalk after a rain, and pick up every stick that falls, and remove every stray blade of grass that falls on the sidewalk that poses a risk for slipping, and constantly monitor for stray cigarette butts from lazy and unhealthy passersby, trim any low branches in case an unusally tall person walks past, be vigilant that my children don't leave any toys out, etc.
While the sarcasm is noted, it is the responsibility of the property owner to make certain that the crossing of the property is able to be done in a safe manner.
If a stick larger than 4" in diameter falls on your sidewalk, move it.
If a cigarette butt larger than 4" in diameter falls on the sidewalk, move it, and congratulate the individual that smoked it.
If the snow is removed from the sidewalk, there may be a little ice, but the sun will melt that quite soon enough. If that isn't fast enough for you, then there is this stuff called salt. It has only been around since the beginning of the world, and the oceans are still well stocked with it.
i live in a small town no sidewalk in my yard but i know that when i mow i am mowing my yard property that i own. It sounds as if people in Urbana may be asked to clear something they do not own and then be fined for not clearing someone elses ie the cities property am i reading this right
As a responsible homeowner and member of society, there are things that should be done. Either do them yourself, or be willing to fork over a little extra tax money so the city can afford to do it for you. The town I grew up in and the towns around us used bobcats to clear sidewalks after snowfalls. Sure, our taxes were a little higher, but at the end of the day, it was a pittance for the extra services that we received.
Before the internet, you had to go to a coffee shop to spout ignorant, ill-informed ideas. I guess this is progress.
Some of you aren't taking the subtle hint, so I'll make it more explicit: If you don't shovel your walk, you can't be sued. If you do shovel your walk, you can be sued.
http://www.cliffordlaw.com/news/attorneys-articles/should-i-shovel-the-s...
But that article says, "In Schoondyke v. Heil, Heil, Smart & Golee, Inc., 89 Ill.App.3d 640, 411 N.E.2d 1168 (1st Dist.1980), the court found liability after the plaintiff fell and was injured due to the failure of the defendant, a condominium association, to shovel after a reasonable amount of time had elapsed following a snowfall."
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