The Snow Season is upon us, which, in my 30 years’ experience, can run from Halloween to Tax Day. Best to be prepared with a shovel (human, gas, or electric powered), windshield scraper and wiper fluid, pet-safe ice-melt — and a review of the Residential Snow and Ice Removal Ordinance.
Passed in January 2024, only this year does it go into full effect, including fines for violations. The City has a helpful FAQ webpage here: https://www.watertown-ma.gov/1237/Residential-Snow-Ice-Removal-Ordinance-F. Both the ordinance and the debate over it were well-covered in these pages. The vote was 6-3 in favor, with dissenters arguing for a less-restrictive policy that punished only those homeowners who rarely, if ever, shoveled (which, in full disclosure, was my view).
Council President Sideris said at the time: “[T]he biggest scofflaws are the absentee landlords. I would have like to have seen an ordinance that went after them first before we went after some of the residents.” Councilor Airasian noted: “Looking back at the committee meetings and really thinking it through, given the limited resources and the liability concerns and some topics that are still uncertain, because of those reasons I don’t feel comfortable mandating people shovel their sidewalks.” Former Councilor Kounelis wrote to remind councilors of past discussions which always stopped short of an ordinance such as the one passed: “The complexities of enforcement; liabilities in this litigious society; personal unforeseen situations and pitting neighbor, against neighbor have not been resolved.”
The majority held otherwise, so herewith a recap of the rules and regs:
Homeowners must shovel all sidewalks abutting their properties to a width of 42 inches, property line to property line. For those who live on a corner, this includes access to crosswalk or curb. Where the sidewalk is narrower than 42”, it must be cleared to its fill width, resuming the 42” width where the sidewalk allows. (NB: poor condition of the sidewalk — cracked, buckled, patched, etc. — is no excuse not to shovel.)
A cleared path must be maintained as long as snow and ice remain, including use of ice-melt where necessary. Snow banks often melt by day and refreeze at night as patches of black ice; ice melt must be applied as often as required.
Sidewalks must be shoveled within 24 hours of the end of a storm. The City will “start the clock” and announce it on the City’s Storm Information Update Page: https://watertown-ma.gov/1390/Snow-and-Winter-Storm-Information-and-Up. As it’s not easy to find, I suggest you bookmark it to stay compliant. Later flurries may (or may not) reset the clock, which may (or may not) require a second shoveling.
The City will not patrol the sidewalks, but respond to complaints submitted by residents. After an investigation to confirm, the City will issue a warning. If there is a second violation — per season, not just per snowfall — the City will levy a $50 fine. Third and all subsequent violations per season will be fined $100 each. Your clean slate starts again only in the following snow season.
For Seniors and others who need help, Watertown Middle and High School students are often available to assist. Contact the Senior Center to find out more.
As the purpose of the shoveling ordinance is to keep sidewalks accessible to pedestrians, ALL removable sidewalk obstructions are violations of existing city regulations: overhanging tree branches, untrimmed hedges, parked cars that obstruct the sidewalk, etc. (My experience is that these rules are almost never enforced.)
Does the ordinance open the homeowner to liability for not clearing the sidewalk to the letter of the law? Also from Council meeting of January 2024:
“City Attorney Mark Reich was asked about whether people would be liable after the passage of the ordinance if someone was injured walking on their sidewalk, either for shoveling, or not shoveling their sidewalks. Also, whether the City would be liable for putting in the requirement. Reich said he could not give legal advice on a hypothetical case. He added, however: ‘The implementation of an ordinance does not, in itself, create or impute liability upon an individual.’”
A quick perusal of legal websites is not so conclusive. As one lawyer wrote: “In many jurisdictions, property owners are responsible for maintaining safe conditions, including clearing ice and snow from sidewalks. Neglecting this duty can result in legal action if someone is injured.” Key word: can. As Watertown homeowners are now legally “responsible for maintaining safe conditions, including clearing ice and snow from sidewalks,” can we also get local law students to represent us in court? Just kidding … sort of.
I am lucky to be healthy enough and at home enough to clear my sidewalk, driveway, and paths to my front and back door, usually within 24 hours. I have always (again, for 30 years) encouraged and helped others to do the same. I would have left it at that, but these are now the rules. The sidewalk to Hades is plowed with good intentions. Good luck and good shoveling. And I mean it about using only pet-friendly ice-melt! With rock salt in the streets, dogs have nowhere else to go.
Josh Passell
Watertown Resident