Council to address a ’slippery’ situation

If someone slips and falls on an icy sidewalk - if it’s a public sidewalk - the town is currently held responsible.

On Tuesday, Feb. 9, the Town Council will discuss a proposal to adopt an ordinance that shifts the responsibility (liability) to the property owner abutting the public sidewalk.

The proposed sidewalk ordinance recommended by Public Works Director Keith Hayden would eliminate the town’s liability for personal injury or property damage due to snow or ice on public sidewalks in town.

Unlike many surrounding towns - including East Haddam and Colchester - East Hampton does not have an ordinance that requires property owners to remove snow and ice from sidewalks within a certain timeframe - thus leaving the town open to liability in the event of an injury.

Hayden surveyed 36 towns and found that 27 had a sidewalk ordinances and that 17 of those towns also allow for the town’s public works department to remove snow and ice if the property owner does not comply. And 9 of these towns also charge for the service. Also, in 13 towns, failure to comply with the sidewalk ordinance can result in fines ranging from $25 to $100.

The memo also notes that the town currently clears 6.5 miles of sidewalk at a cost of about $10,000, and that the machine the town uses is 14 years old and has a replacement cost of $105,000… and there’s no backup if this equipment breaks down.

The proposed East Hampton ordinance would require property owners abutting public sidewalks to remove snow and ice within 24 hours after the storm ends - and to remove ice that forms as a result of thaw and refreezing or “abate” the slippery condition (i.e. use a de-icing agent or sand).

If the property owner fails to clear the sidewalks in a timely manner, the town would be authorized to do so and charge the property owner for town manpower or the cost of employing a contractor.

The town would assume responsibility for all other public sidewalks, except for those that are the responsibility of the board of education, the draft ordinance states.

For the full text of the proposed ordinance (in PDF format) click here.

The council’s regular meeting is scheduled for 6:30 p.m., following a public hearing at 6 p.m. on proposed changes to the Middle Haddam Historic District Ordinance.

Posted Feb. 6, 2009