Not shoveling your sidewalk this winter soon might become significantly more costly after the town council took up the topic of increasing the fine schedule for removal at its October meeting.

The item was discussed at its October meeting after the council had sent the matter of snow removal to the traffic commission for consideration. The commission returned a recommendation amending the existing ordinance to include formal language deeming a first offense cost to $250, then rise $50 for each violation thereafter.

The commission also took up a suggestion by Councilor John Hanley that the town be broken up into zones, where sidewalk clearance was of most necessity for pedestrian travel.

Town Manager Brian Sullivan, a member of the commission, explained about Hanley's proposal, "We looked at about changing the structure of the ordinance, as far as the zone-wise. Members of the commission felt that would be very challenging to do. They felt that if we stayed with the current ordinance that we have that we would work with that ordinance, but add a fine to that ordinance itself."

The language for the fine schedule would have to be added to current law. To that, Sullivan said of the commission's findings, "We felt that it would be advantageous to have a minimum first fine that was a pretty hefty fine, $250, and then increased that $50 for each subsequent event that the sidewalk is not shoveled or plowed by that homeowner or business owner."


Councilor Louis Rego said the initial fine proposed was rather large, saying he would like to see that figure reduced.

"I think it should probably be $100. $100, somebody might not challenge it, and they'll just pay $100 and learn a lesson," he added. "$250, then we get into the legalities, attorneys involved, because of people fighting, and I just think $100 is probably more sensible. I think $250 is a bit strong."

Clarifying how legal challenges would work, Town Solicitor Anthony DeSisto told the council action would run through the municipal court system.

Mapping it out
With the item up for discussion-only, no action to be taken, Hanley attempted a bit of persuasion about reconsidering his proposal to breaking the town into zones. The idea behind it, he said, was to take out locations that don't have any businesses, such as cul-de-sac where "sidewalks don't exist."

Hanley noted sidewalks, whether actual concrete or asphalt, are enshrined in the zoning code as a public right-of-way for properties even if they are grassed.

"By shrinking the zone, you take the enforcement, you shrink the amount of enforcement down. You can actually focus your enforcement on the areas of town where it's very, very important. The very congested sections of town up near the (Kickemuit) middle school, possibly there and Mary V. Quirk (on Main Street)," Hanley said.

He continued, "My map included the main roads — Main Street, Child Street, Market Street. I think it was Vernon Street, Seymour Street, and then it was 100 foot in from those roads. So someone doesn't have to go into the road to get on to shovel the sidewalk.

"So the first 100 feet, and then those high-density areas. Because this ordnance, if you cite me and you don't cite the guy on a cul-de-sac, guess what? You're going get about 800 phone calls of all the houses on cul-de-sacs in the town, and they're going to complain about them, so now you've got to go out there and cite all of them. Ridiculous to try to enforce."

Hanley concluded, "We're shooting a shotgun to catch a canary. Let's focus on the area that we need to."

Rego countered, "I think it's opening a can of worms, John, and as far as your argument."

Hanley responded, "It's unenforceable the way it is, and it's actually unfair the way it is. You're citing some people, and you're not citing others where it's the same damn situation. So let's change the situation where it's not vital, that that area gets shoveled. Let's not make them subject to the fine. Then we can focus on our attention on where we need to shovel."

Interim Public Works Director Mary Hunt, also a traffic commission member, said after reviewing Hanley's proposed map it could be difficult to employ because it did not take into consideration such things as the number of student bus stops.

"There are bus stops all over town that are located outside of that map, and one of the things that we ran into in the last few storms were that bus stops had not been cleared," said Hunt. "So that was an issue. And so once we narrow it, we're limiting our ability to enforce."

Council Vice President Keri Cronin noted, as well, children must have the ability to walk to those stops safely.

"So we need to make sure that the sidewalks, or whatever that legal space is, are clear," Cronin said. "So it's important that we place the same measure of responsibility and onus on the property owners to take care of their properties and make sure that the sidewalks are clear so that our children and students can get safely to bus stops.

"And then, for the downtown area, it's obviously important for people to be able to get to work and get to their businesses and get in and out of the services that they need. So that business owners and property owners need to be more responsible."

Cronin also asked how the violations were tracked. It comes under the purview of Town Building Official Matt Cabral, who informed the council some 77 warning letter were issued last winter. Upon notification, Cabral said most of the offenders complied.

Of how he was alerted to the violations last winter, Cabral said, "They were all complaint driven. Whether it came from our own DPW while they were out working or from neighbors, postal workers. We had a lot of them were for students walking to school, but we didn't need to go out looking for them (violators). We had enough."

Councilor Derrik Trombley, who first proposed a revision of the existing ordinance, called the recommendations of the commission, "a step in the right direction. And to Mr. Hanley's thoughts of having a specific map, I think that makes it a little bit too hard to implement, so I would be opposed to that.

"I think that this is a rational and needed, very much needed update within the capacity that we have currently with our public works. So I very much hope that we support this."

The council eventually approved a motion to put the matter on its November 10 meeting agenda for the first of two necessary hearings to amend the ordinance.

Rego asked if he should make a motion dropping the fine to his $100 suggestion, but was told he could do so at the November session.

Snow awareness
Hunt also told the council about a new guide planned to be made public on the town's winter storm operations in time for the upcoming season.

She said after researching how other municipalities deal with those situations, the guide "just sort of spells out what we do, what the expectation should be of us, what the expectation is of residence."

Hunt continued, "It's just a sort of a step by step guide to winter storm operations in town. We didn't have anything in writing that people can refer to. We didn't have anything in writing that people can go to our website and say, what is the procedure?' So, this is the step that we're at. The first pass has been done for emergency vehicles. Please stand by. We will return to widen the streets. We've finished widening the streets. Please, now, clear your sidewalk."

The director said town's website will be updated with all of the relevant information, including a specific tab on the DPW page. It will also include the procedure for residents to file damage claims.

In addition, Hunt said she has opened a request for proposal process for private companies to support the town's snow removal efforts this winter, if necessary. The RFP includes having access to small, power loader apparatus such as a Bobcat-brand machine.

No parking notes
Sullivan updated the council of traffic commission discussions about no parking designations on Nobert Street and Orchard Avenue.

Sullivan said, following council action, implementation followed the existing ordinance. Residents were notified by mail of the changes. For Nobert Street no parking is on the west side of the road. For Orchard Avenue, a cul-de-sac, it will be on the east side of the street.

"It was a concern of the cul de sac, but also the street itself was being used for people using the football facilities that were parking on that street, and the residents were concerned about that," Sullivan said of Orchard Avenue, which abuts Veterans Field.

The manager noted no parking remains as is currently designated at the Orchard Avenue cul-de-sac because it is an emergency turnaround for public safety vehicles.