Snow Mountain Curbcuts in Newton: Maintenance of Sidewalks of Snow -ADA

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!

Saturday, February 13, 2010

Maintenance of Sidewalks of Snow -ADA

The ADA Title II Section 35 states all public entities need to maintain sidewalks and curbcuts (sometimes called curbramps) free from obstructions, including snow. Below is an excerpt from the FHWA website:

What obligation does a public agency have regarding snow removal in its walkways?

A public agency must maintain its walkways in an accessible condition, with only isolated or temporary interruptions in accessibility. 28 CFR §35.133. Part of this maintenance obligation includes reasonable snow removal efforts. (9-12-06)

What day-to-day maintenance is a public agency responsible for under the ADA?

As part of maintenance operations, public agencies’ standards and practices must ensure that the day-to-day operations keep the path of travel on pedestrian facilities open and usable for persons with disabilities, throughout the year. This includes snow removal, as noted above, as well as debris removal, maintenance of accessible pedestrian walkways in work zones, and correction of other disruptions. ADAAG 4.1.1(4). Identified accessibility needs should be noted and incorporated into the transition plan. (9-12-06)

http://www.fhwa.dot.gov/civilrights/ada_qa.htm