Snow Mountain Curbcuts in Newton: Appears Newton IS Obliged to Clear ALL Sidewalks of Snow!

Residential Sidewalk Snow Shoveling Ordinance Passed!

Newton passed a residential sidewalk snow clearing ordinance! It is a two year trial. Home-owners/residents are requested to clear their abutting public sidewalks and curbcuts free of snow during the winter. Businesses are allowed 24 hours after the snow ends, residents are allowed 30 hours to clear. Lets all continue to work with Newton departments to stop the practice of dumping snow mountains on the curbcuts and crosswalks. Everyone, lets work together so Newton has safe and accessible sidewalks all year long.

New Construction is Unacceptable!

It has rained for over 24 hours. Above photos were taken on February 24th. They show the snow mountains from city plows still blocking the public sidewalk on Wachusett Rd and Hammond Street at intersection of Commonwealth Avenue.This snow has been sitting here since the December storm. The most disturbing elements in these photos are construction flaws of these sidewalks paid for by our public funds from Mass Highway Dept and overseen by the City of Newton Traffic and Engineering Department. Notice the sidewalks end into utility poles and stop midblock on people's lawn. A wheelchair user is unable to use any of these sidewalks, and would have no other choice but to be wheeling along with the trucks and cars in the street. Newton, this is unacceptable!

Friday, February 12, 2010

Appears Newton IS Obliged to Clear ALL Sidewalks of Snow!

by Maryan 2/12/10 Today was another simply perfect day, with the sky a crisp vibrant blue. Snow sits gleaming from the curbcuts. It appears our city maybe obliged to clear ALL of our city owned public sidewalks every snow storm according to the Federal Americans with Disabilities Act and the MAAB require residential sidewalk snow clearing. Below is an excerpt from letter from the Massachusetts Office on Disability:

MAAB:

Since the 1996 revision of the MAAB rules and regulations, there has been an obligation to maintain accessible features. Section 2.6 states: “At all times, accessibility features must be maintained and fully operational. (i.e. access aisles kept clear at all times, mechanical devices be kept in operating condition, etc).” This translates to needing to remove snow from a sidewalk after a snow storm. The AAB has received complaints in the past about this exact issue and has found in favor of the complainants. Since the MAAB oversees a building code 521CMR, this requirement ONLY applies to items constructed after September of 1996. So a sidewalk built in 1980, would not, under the MAAB, need to be maintained.

ADA:

The ADA also has a provision for “Maintenance of Accessible Features” which, unlike the MAAB, does not put a timeframe in its equation. Under Title II, this requirement comes under Section 35.133 and under Title III this comes under Section 36.211, which both respectively state: “A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.” Again, this translates to needing to remove snow from a sidewalk after a snow storm. It is our understanding that the Department of Justice has enforced similar cases.

With the above said, it isn’t expected that the snow would be removed immediately after the storm; however, it would be expected that the snow would be removed within a reasonable timeframe, which is typically within 48 hours. A community should prioritize which sidewalks are to be cleared first; however, all sidewalks should be cleared within that reasonable timeframe. For example, sidewalks leading to schools, or other municipal buildings might be the highest priority, while less trafficked sidewalks might be lower on the priority listing, but “all” sidewalks would be cleared in the end.