Snowy, Icy Storm Spurs North Shore Sidewalk, Hydrant Clearing Responsibility Questions

DANVERS, MA — With the weekend storm leaving up to 6 inches or more of snow and solid ice in its wake across Massachusetts, travel was treacherous this week for both drivers on poorly plowed roads and walkers down sidewalks that may not have been cleared.

While many believe that residents and businesses closest to those sidewalks are responsible for clearing them in a reasonable time after a storm — and others believe the cities and towns should do it — the truth is that it can be murky to determine who is actually responsible for the public areas and what happens to those who turn a blind eye to accumulations that block sidewalks and fire hydrants.

State law says that cities and towns can author bylaws requiring residents to be responsible for the sidewalks in front of their houses, but it does not specifically have a law requiring residents to do it.

"To my mind, that's the most ridiculous, confusing and useless law I've ever heard of," Danvers Select Board Chair Daniel Bennett said at Tuesday night's meeting. "Because this town can promote any bylaw we want at any time subject to the approval of the attorney general. So to say that we can adopt something, and the state doesn't want to get involved, I scratch my head.

"So there is no state law that requires people to shovel their sidewalks, unfortunately."

While many cities and towns do have those bylaws, with hefty fines for non-compliance, most other municipalities require snow removal more as a measure of being a good neighbor than something that can be enforced through a citation.

Bennett said he reached out to Fire Chief Brian Barry about the issue in Danvers and Barry responded that he is aware of the citizens' concerns about the fire hydrants and sidewalks not being shoveled after a recent snow event and added: "Ideally, Danvers residents and businesses should adopt the sidewalk and hydrant nearest to them and ensure that it is clear and accessible at times."

He said the Fire Department puts messages on social media asking residents to keep sidewalks and hydrants clear of snow. Fire crews will clear hydrants they see that have not been cleared if they notice them. Department of Public Works staff will also clear those hydrants as they are actually overseen by the town's water department.

"In a perfect world, residents and businesses would clear the snow on the sidewalks," Bennett added of correspondence from the fire chief. "The town also has crews clearing them as needed. ... There is no such law stating that residents must clear their own sidewalks."

The question then becomes: What happens if they don't and what then is the responsibility of cities and towns that claim they are already spread too thin — both with manpower and money — clearing the roads to then be responsible for every sidewalk?

According to the Massachusetts Office on Disability, under Title II of the ADA, municipalities are, in fact, required to ensure that all the programs and services they provide are accessible to individuals with disabilities, including municipal streetscapes.

"After a snowstorm, the municipality is responsible for snow removal from all public rights of way under their control, including accessible elements such as sidewalks, crosswalks, curb cuts, on- and off-street accessible parking, ramps, and stairs," the MA Office of Disability said on its website. "However, municipalities can delegate snow removal responsibility to property owners (like homeowners and businesses) by adopting ordinances or bylaws requiring property owners to clear the sidewalk adjacent to their property within a certain timeframe."

In Salem, there are city ordinances requiring property owners to remove snow and ice from their bordering sidewalks within six hours after the snow ceases to fall or the city's snow emergency lights are turned off, whichever time is later. If the snow ceases to fall and the snow emergency lights are turned off in the nighttime, the snow shall be removed before noon. If he/she neglects to do so, he/she shall be fined $25 for the first offense, $75 for the second offense and $100 for the third and subsequent offenses.

In Beverly, according to an ordinance adopted in 2021, the owner of any building, structure lot of land abutting upon any sidewalk shall be responsible for removing snow six hours after snowfall has ended if snow occurs during the day, or by 1 p.m. the following day if snow occurs at night. The owner of any building, structure or lot of land abutting upon any sidewalk, including any curb ramp/cut, shall also be responsible for making the sidewalk safe by removing ice and/or covering it with sand within six hours after the sidewalk has become icy. Violation of this ordinance is a fine of $25. If the violation continues, each subsequent 24-hour period will be considered a separate offense and incur a fine of $25.

But in cities and towns without such specific ordinances — such as Danvers — it comes down to residents and business owners "doing the right thing."

"So I am spreading the word, Danvers," Bennett said. "Please, clear your sidewalks and take care of your neighbors. Be kind and understanding if you have seniors (living or passing nearby).

"It is helpful to know that residents should do some clearing on their own and not wait for neighbors to do it."

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. X/Twitter: @Scott_Souza.)