Looking ahead to winter
IN THE CITY
By Dana H. Fowler
Presque Isle Public Works would like to ask for your help this winter. Snow pushed in the right of way creates many problems for our crew. Misplaced snow leads to additional hours for the crew, increased fuel consumption, and higher contractor costs for snow hauling, thereby increasing operational costs and unnecessarily impacting taxes.
Often a truck or sidewalk snow removal equipment needs to make multiple trips to move the snow and sometimes a loader is needed too.
Pushing snow into the public way is a violation of state law and creates a dangerous condition for motorists and pedestrians and places an extra burden on municipal plowing operations. Maine Statute 29-A M.R.S.A. ß 2396 prohibits any person from placing snow or slush in the public way that has not accumulated there naturally. This includes city streets, sidewalks and country roads.
Not only is this a hazard for vehicles, it is a safety issue for our pedestrians as it forces them to step off the sidewalk and into the travel way. The penalties for violating this law are a fine of up to $500, a suspension of a license, or both. Additionally, 17 M.R.S.A. ß 2802 states that the obstruction of a public way is a public nuisance and a nuisance of this sort can be prosecuted as a civil action.
Leaving a windrow of snow across a roadway, blowing snow back into the road or leaving a pile of snow by the roadside may seem like a harmless act. However, the damage incurred by a vehicle that drives through one of these piles or a pedestrian that is injured as a result of misplaced snow could be catastrophic. Liability for damages caused by the snow placed in a right of way rests with those responsible for illegally placing the snow there.
We would also like to remind building owners in the downtown area that they are legally responsible for the removal of snow and ice on walks and walkways on their property. Public Works uses a sidewalk machine with snowblower to remove the bulk of the snow after a storm, but the legal responsibility falls to the landowner to keep their sidewalks clear of snow and ice. Details can be found in Chapter 24 Snow Removal Ordinance on the City’s website at www.presqueislemaine.gov.
While we are sympathetic to the problems of snow removal, we ask that you do not push snow across a roadway, into the road, onto a sidewalk, or into the right of way. Thank you for understanding and please, if you have a contractor taking care of your snow removal, make sure the contractor is aware of this as well.
If you have questions on this or other public works issues, please contact the Public Works Division at 764-2560.
Dana H. Fowler, P.E., is public services director for the city of Presque Isle. He can be reached at 760-2707 or via email at dfowler@presqueisleme.us.
