Shovel - Or Else! What Does the Law Say About Your Town?

ANDOVER - So the storm is over, the sun is shining and your biggest worry is to dig out your car.

But in many communities across the state, the clock is ticking for homeowners and business owners who have to shovel the sidewalks in front of their properties or possibly face fines.

In 2010, the state's highest court overruled 125 years of laws and announced a new rule that all Massachusetts property owners can be legally held responsible for failing to remove snow and ice from their property.

In the case of Emanuel Papadoloulos vs. Target Corp., Papadopoulos was injured on Dec. 20, 2002 when he slipped and fell on a patch of ice in the parking lot of the Liberty Tree Mall in Danvers in front of a Target department store. He sued.

The state Supreme Judicial Court updated state law by ruling that snow and ice, whether a "natural or unnatural' accumulation," is a hazard and must be removed.

The ruling essentially rejected the old common law that property owners could simply leave naturally accumulated snow and ice untreated and escape liability. The SJC ruled that all Massachusetts property owners must remove or treat snow and ice like any other dangerous condition on their property.

Justice Ralph Gants, now chief justice, wrote that “is not reasonable for a property owner to leave snow or ice on a walkway where it is reasonable to expect that a hardy New England visitor would choose to risk crossing the snow or ice, rather than turn back or attempt an equally or more perilous walk around it.’’

While communities plow the roads, many cities and towns enacted their own regulations determining who is responsible for getting rid of snow and ice on sidewalks in front of homes and properties.

The following is a partial list of communities, their sidewalk-clearing requirements and fines compiled by the Commonwealth of Massachusetts.http://massgis.maps.arcgis.com/home/.

Andover: Homeowners and business owners must shovel sidewalks by 10 a.m. after the snow storm, except on Sundays or holidays. No fine.

Arlington: Homeowners eight hours after 8 hours after snowfall or precipitation stops between sunrise and sunset;

Apartment owners have a deadline of three hours after snowfall or precipitation stops between sunrise and sunset for apartment building owners. Fine of $25–50 per day

Business owners must clear sidewalks within the first three hours of snowfall between sunrise and sunset. Fine of $50 per day.

Attleboro: No deadline, no fine.

Barnstable: No deadline, no fine.

Belmont: Homeowners must clear sidewalks by 8 p.m. the after the end of the storm. A written warning for the first offense, $50 for the second offense, and $100 for the third and successive offenses, to a maximum of $350 per winter season (October 1 to April 30)

Business owners: By 8 p.m. the day after the end of the storm sidewalks must be cleared. A written warning for the first offense, $50 for the second offense, and $100 for the third and successive offenses, to a maximum of $350 per winter season (October 1 to April 30)

Boston: Homeowners have 3 hours after snowfall or precipitation stops--3 hours after sunrise if it snows overnight$50 if the building is 16 or fewer units, $100 if the building is more than 16 units. Fine for apartment building owners is $50 if the building is 16 or fewer units, $100 if the building is more than 16 .

Business hours have until three hours 3 hours after snowfall or precipitation stops--3 hours after sunrise if it snows overnight. Fine of $200.

Brockton: Homeowners have eight hours after storm ends. Fine of $50.
Business owners have eight hours after the storm. Fine of $50.
Property owners must keep sidewalks in front of their properties clear of snow, whether it falls from the roofs of adjacent buildings or by any other cause.

Brookline: Homeowners have three hours after snowfall or precipitation stops between sunrise and sunset for multi-family dwellings--30 hours after snowfall or precipitation stops for all other private property

Fine of no more than $100 for multi-family dwellings--For all others, a warning first, then no more than $25 for each subsequent offense

Business owners have three hours after snowfall or precipitation stops between sunrise and sunset. Fine of not more than $100.

Burlington: The town takes care of about 50 miles of sidewalks, including residential ones, on the main roadways. Sidewalks in other neighborhoods must be taken care of by the residents.

Cambridge: Homeowners have 12 hours after snowfall or precipitation stops if it stops during the day, before 1 p.m. if it stops overnight, six hours after snowfall or precipitation stops for ice removal. Fine of $50 per day.

Business owners have 12 hours after snowfall or precipitation stops during the day, before 1 p.m. if it stops overnight, six hours after snowfall or precipitation stops for ice removal. Fine $50 per day.

The paths cleared on the sidewalks must be wide enough for someone using a wheelchair, walker, or stroller (at least 3 feet, preferably 4 feet wide). Corner properties must clear sidewalks surrounding the property and clear ramps at crosswalks.

Chelmsford: No deadline, no fine.

Concord: No deadline, no fine.The town has sidewalk plows, and generally removes snow from business areas and sidewalks within walking distance from the schools. Most outlying sidewalks are not plowed by the town.

Danvers: Homeowners and business owners have 24 hours after the storm. No fine.

Easton: No deadline, no fines. The town clears major sidewalks and those within 2 miles of the schools.

Falmouth: No deadline, no fine. The town will remove snow on sidewalks within a 1-mile radius of each school. The town will prioritize other sidewalk snow removal plans.

Foxborough: A reasonable amount of time. No fine. Business owners, except for those in the downtown area, must clear their own walkways.

Grafton: The town only clears the sidewalks around schools and on major routes.Granby

Hingham: No deadline, no fines.

Holliston: The town clears sidewalks in the downtown business area on Washington street and the sidewalks along walking routes to the schools.

Lexington: No deadline, no fines. The town clears sidewalks near schools and other selected sidewalks.

Lynnfield: No deadline, no fines. The town clears approximately 22 miles of sidewalk.

Marblehead: No deadline, no fine.

Marlborough: Homeowners are required to clear sidewalks 12 hours after snowfall or precipitation stops if during the day, before noon the next day if it stops during the night. Fines between $2-$10 per offense.
Between $2–10 for each offense

Business owners have a deadline of 12 hours after snowfall or precipitation stops if during the day, before noon the next day if it stops during the night. Fine between $2-$10 per offense.
Between $2–10 for each offense
Medfield: The town plows walking route sidewalks to schools and the downtown sidewalks.

Medford: Homeowners and business owners clear sidewalks six hours after storm. Fines for both are $25 for the first offense, then $50 per day. Property owners must also clear openings at corners, crosswalks, and curb cuts so pedestrians can cross safely.

Milford: Homeowners and business owners 24 hours after storm ends. Fine is $10 for both. The town clears approximately 20 of the 40 miles of sidewalk.

Natick: No deadline, no fine.
The town clears snow from about 41 miles of sidewalk (which is roughly 1/3 of the total 135 miles of sidewalk). These sidewalks are within business districts, near schools, and along other key pedestrian routes.

Needham: Business owners must clear sidewalks five hours after snowfall or precipitation stops between sunrise and sunset. No more than $50 per offense.The town plows 52 miles of sidewalk on school walking routes and sometimes the downtown business district in the event of an emergency.

Newton: Homeowners 30 hours after storm stops. No fine.

Business owners 24 hours after snowfall or precipitation stops. No fine.

The town clears 54 miles of sidewalk, with a focus on school routes and areas with heavy traffic.--Residents who are unable to clear the sidewalks in front of their homes may apply for an exemption.

North Andover: No deadline, no fines. The town clears sidewalks around the schools and the business district.

North Reading: No deadline. Warning for first offense, $50 for the second offense, $100 for the third offense--Each day or part of a day during which an offense continues constitutes a separate offense

Northborough: Homeowners and business owners six hours after the storm. No fine.

Norwood: Business owners must clear sidewalks within six hours of daylight once storm stops.

The town plows 31 miles of sidewalk, mainly near schools, Norwood Center, and Washington Street through

Peabody: No deadline. No fines.

There is an ordinance that lists certain areas within the downtown Peabody area, part of-Andover Street/Route 114, and part of County Street at Lynn Street where business owners are-required to clear their sidewalks of snow.

Plymouth: Requirements of 24 hours after snowfall or precipitation stops. No fines. Property owners within one mile from the shoreline from Jabez Corner to the Kingston line are required to clear the walks in front of their buildings.

Reading: No deadline. The town plows approximately 45 miles of sidewalks, including all areas in the downtown and train/public transportation areas, as well as all school sidewalk areas.

Salem: Homeowners are required to remove snow six hours after snowfall or precipitation stops or the city's snow emergency lights are turned off, whichever time is later, during the day--If the snow stops falling and the snow emergency lights are turned off during the night, before noon the next day. Fines $25 for the first offense, $75 for the second offense, $100 for the third and subsequent offenses

Business owners are required to clear sidewalks six hours after snowfall or precipitation stops or the city's snow emergency lights are turned off, whichever time is later, during the day--If the snow stops falling and the snow emergency lights are turned off during the night, before noon the next day. Fines $25 for first offense, $75 for second offense, $100 for the third and subsequent offenses.

The city clears designated sidewalks following each storm.

Seekonk: The town clears most of the sidewalks.

Sharon: The town plows 44 miles of sidewalk, mainly near schools and in the downtown area, but the town does not clear sidewalks in residential neighborhoods.

Shrewsbury: The town plows approximately 24 miles of sidewalk, which is located within the business area and on key walking routes for schools along the main roads.

Somerville: Homeowners are required to clear sidewalks by 10 p.m. if snow starts falling after sunrise, by 10 a.m. if snow starts falling after sunset. Fines are $50 for the first offense, $100 for the second offense, $200 for the third offense.

Business owners by 10 p.m. if snow starts falling after sunrise, by 10 a.m. if snow starts falling after sunset. Fines are $50 for the first offense, $100 for the second offense, $200 for the third offense
same calendar year

Stoneham: Sidewalks must be cleared by five hours after snowfall or precipitation stops. Fines between $50-$200. The town plows about 30 miles of sidewalk along designated routes. Business owners in the downtown area are required to clear the sidewalks in front of their business.

Tewksbury: The town clears sidewalks that the school department has identified. Other sidewalks have been added to the list on a case-by-case basis, but in general, the town does not clear sidewalks.

Wakefield: Requirements, no fine.The town will plow sidewalks along central routes near schools.

Walpole: Walpole typically maintains about 50 miles of sidewalks, including routes to schools, buses, and the commuter rail.

Waltham: Tenants or occupants of properties located on the streets listed on the website must clear their sidewalks within 24 hours. It is suggested that all other tenants and occupants clear their sidewalks, but they do not have to.

Watertown: Sidewalks must be cleared two hours after snowfall or precipitation stops during business hours or by the beginning of business hours the following day. Warning for a first offense, $25 for a second offense, and $50 for the third and consecutive offenses during a calendar year

Wayland: The town will plow sidewalks along central routes near schools.Sometimes

Wellesley: The town plows roughly 60 miles of sidewalk. The town does not require homeowners to clear snow from these 60 miles.

Westwood: The town will clear all sidewalks used to walk to schools, businesses, and public transportation. Property owners must clear sidewalks that are not in the town sidewalk route.

Weymouth: The town clears some sidewalks near schools.

Wilmington: Businesses must clear sidewalks 24 hours after snowfall or precipitation stops. Fine no more than $50 per offense

The town will plow sidewalks along central routes that are heavily traveled by children on their way to school. The owner or occupant of any business should keep the sidewalks adjoining their premises clear of snow and ice.
The town is responsible for removing snow and ice from downtown sidewalks.

Winchester: Businesses must clear sidewalks five hours after snowfall or precipitation stops between sunrise and sunset on a business day. Fines of no more than $10 per offense.

Woburn: Homeowners must clear sidewalks within two hours after snowfall or precipitation stops between sunrise and sunset, before 10 a.m. the next day if snow stops falling overnight (check link to see if this applies to your street). No more than $50 (check link to see if this applies to your street).

Business owners must clear sidewalks withint two hours after snowfall or precipitation stops between sunrise and sunset, before 10 a.m. the next day if snow stops falling overnight (check link to see if this applies to your street). No more than $50 (check link to see if this applies to your street).
Worcester: Homeowners are required to clear sidewalks within 10 hours after storm ends. Fine of $75 per day.

Business owners must clear sidewalks within 10 hours after storm. Fine of $75 per day.

(Contact the town for additional regulations.)

SOURCE: Commonwealth of Massachusetts, 2016 compilation.

(AP Photo/Mark Lennihan)