Why The Snow Ordinance Misses The Mark: Opinion

Note: I'm a former reporter for Melrose Patch, but I've moved on from reporting to home-owning. So this letter I wrote to the City Council comes from a homeowner, not a reporter.

Hi, I'm writing (my first letter!) in a matter I don't feel strongly about but felt compelled to write on because I think it's misguided and I saw it on Facebook and we should have less Facebook discourse and more official email discourse. It's about the snow shoveling ordinance.

First of all, I always shovel. I sometimes shovel my neighbors' property. I'm not defending the merits of an unshoveled sidewalk, nor am I claiming the right to have the front of someone's house resemble the Arctic. I only submit that this ordinance is unnecessary and unwarranted.

Most folks, I suspect, already clear their sidewalks just as they tend to other duties — some promptly, some slowly, but all in their good time. There may be a few who neglect it, but is that neglect so great a menace that the city needs to step in? Can we be more selective about what we need to enforce as opposed to every inconvenience?

While I don't doubt this ordinance was drafted in consideration of others, it strikes me as inadvertently inconsiderate. It rightfully considers the stroller-wheeling mom and wheelchair-bound neighbor, but at the expense of the working parent who is out the door before dawn and home after dark, or the resident traveling for work, or the person recovering from surgery, or the new mother whose hands are full with a newborn. Are these people expected to draft legal petitions to the Council on Aging in advance of an unexpected snowfall? This is to say nothing of the enforcement questions, which I'm skeptical of even before failing to see a cap on the fines or oversight on their assessment.

The ordinance assumes that every homeowner is physically able, financially equipped and logistically available to clear their sidewalks within 12 hours of snowing. It acknowledges hardship exemptions, but it sets the burden on the homeowner to navigate a process just to prove they are too sick, old or poor to comply.

And to address two arguments I've seen:

— One is that unshoveled sidewalks force pedestrians into the street, increasing the risk of injury or death. Is this a common occurrence in Melrose? I'm not asking for one or two instances — is it common enough to warrant legislation? If we legislate against every possible danger, we should schedule exponentially more Legal & Legislative Committee meetings. I believe the ordinance seeks to legislate against an exceedingly rare problem — one that is best handled through community efforts rather than legal mandates. If the concern is accessibility, I'd propose efforts start with city-funded snow removal in high-traffic areas, community programs or some kind of incentive system rewarding people rather than a punitive one that punishes them. Maybe those aren't the answer, but even if there's a problem that needs answering, I don't think the ordinance is, either.

— Another argument is that this will be enforced selectively against the worst offenders, like the noise ordinance. But it begs the question: Why write a law that you don't actually intend to enforce? If the city means to apply this law sparingly, why define a precise 12-hour compliance window, a required 36-inch clearance and rigid penalties for failure? Why put in writing what will supposedly be enforced only by "common sense"? If enforcement is left entirely to complaints, you're inviting unequal enforcement. You're creating a system where enforcement doesn't depend on fairness but on neighborhood discord. And regardless of whether it's enforced, the fact that the property owner is subject to penalties adds undue stress and uncertainty for someone who could be going through a hard time. If this is only meant for repeat and extreme violations or special spots on main streets in front of certain businesses, then write an ordinance that actually targets that.

To wind down this essay on a subject I've claimed not to care much about (I'm shoveling either way!) let me be clear that I want clear sidewalks for me, my neighbors and particularly those who navigate life differently than I do. But as I write this on Lincoln's birthday, let me close by asking we appeal to the better (snow) angels of our nature before we turn to fines.