[Vision2020] More sidewalks

[Kit Craine]

I didn’t get these back (perhaps I hit Reply rather than Reply-All), so 
am sending them again. They are comments on the sidewalks issue. I’m 
resending because I think they are important. The bottom line is: how 
physically able do people need to be to walk the streets of Moscow in 
winter?

Kit Craine


1).
This is the short answer to Chasuk’s question. Sidewalks are part of 
the public right-of-way, which is not the same thing as public 
property.  It is a form of easement where the public has the right to 
pass over (i.e. cross) private property. The owner of the property has 
a legally duty to ensure that people crossing their property can do it 
safely. In terms of responsibility and liability, the public sidewalk 
is no different than any other spot on your property. If a visitor, 
invited or not, is injured because of unsafe conditions, the property 
owner is legally liable for the damages. The difference between the 
public sidewalk and your property is that you can’t forbid passage to 
people who are just walking by.

Perhaps it would be more tasteful to look at shoveling sidewalks as a 
form of civic sharing. I labor to clear my sidewalk so you can cross my 
property safely and you do the same for me. And those who don’t share, 
must sit in the corner for a while.


On Dec 7, 2005, at 11:26 AM, Chasuk wrote:

> Kit, Janesta, this is not addressed to either of you, specifically,
> but is addressing a general situation that you have brought to our
> attention.
>
> On 12/7/05, Kit Craine <kcraine at moscow.com> wrote:
>> For as long as I can remember, the City's response to problems related
>> to snow is that it doesn't happen enough to worry about--or to change
>> their procedures. As many can attest, it only takes a split second to
>> slip, fall, and land with a broken bone. The few minutes someone 
>> spends
>> clearing their sidewalk can save another months of pain and big 
>> medical
>> bills. If property owners don't fulfill their responsibilities, the
>> City should take an active roll in protecting public safety.
>
> I'm going to have to admit that I am divided on this issue.  If I am
> responsible for clearing the snow from the sidewalk in front of my
> house, then it is _my_ sidewalk, and I should be able to disallow
> trespassers.  If it isn't my sidewalk, then, logically, I should not
> be responsible for keeping it clear.
>
> A business is extending an invitation, "please visit me," but a
> homeowner is not inviting the public to stroll past their house.  Is
> the sidewalk public or private property?  If it is public property,
> then the city is responsible for maintaining it; if it is private
> property, then keep your accident-prone self away.
>
> Note that I am not actually such a curmudgeon that I would prevent
> little old ladies (or little old men or younger versions of either
> sex) from strolling across my property, but such permission might be
> conditional, with appropriate signage reading "Use at your own risk."
>
> I don't own property, and I don't anticipate that I ever will, so
> these musings are purely theoretical.
>

2).
The precise language of the code is:

“It shall be the duty of every owner of  any land, building, or lot 
within the City to  to  remove snow and/or ice from adjacent  sidewalks 
to permit the safe pedestrian  passage upon said sidewalks bordering 
said  property and to abate the nuisance set forth  in this Chapter.for 
a period of twenty four (24) hours,  ” (Moscow City Code, Title 5, 
Chapter 9: Removal Of Snow And Ice)“

At the risk of getting embroiled in a semantics war, that is fairly 
clear--it’s the entire sidewalk; the following phrase (‘to permit safe 
...) is the reason why the sidewalk must be cleared.

Of course, arguing the semantics may be fun, but the fact is that any 
snow/ice that is left on a sidewalk has a tendency to melt then 
refreeze--thus creating an extremely dangerous situation. A completely 
cleared sidewalk, on the other hand, will usually remain bare and dry 
until more snow falls.

Kit Craine

On Dec 7, 2005, at 11:32 AM, Janesta Carcich wrote:

> Greetings,
>
> I had a very informative conversation with our Chief
> of Police, Dan Weaver regarding sidewalks. He was
> really helpful in assisting me to understand the
> ordinance, how it is written, and what it is lacking.
>
> Chief Weaver stated they are being more aggressive
> this year. The person who warns, and writes citations
> to business owners regarding their sidewalks is also
> the animal control officer. Apparently, she is pretty
> busy tending to strays, and loose pets. I suggested
> the parking ticket writers be the eyes and ears for
> her, and contact her when there is a problem.
> Hmmmmm????? That gives me an idea! Better yet, why not
> train THEM do ticket writing for icy sidewalks? They
> are walking frequently in the downtown district. I
> haven’t seen the ordinance, but apparently it is vague
> in terms of how much of the sidewalk needs to be
> cleared, how wide, by what time, all kinds of things
> are missing!
>
> In my opinion, the walks should be clear from the curb
> to the front door of the business. then, from property
> line to property line. How else can we safely get from
> the curb to the door, or another business, if all that
> is required is a three foot wide walkway in front of
> the business? We can not expect to park in front of
> the business we are shopping at, that just isn't
> possible anywhere, unless you are in Troy, where
> parking is not an issue.
>
> A warm thank you to those of you who wrote me, both
> off and on the list serve. Your suggestions were
> great!
>
> Have a lovely day!
> Janesta Carcich