Shoveling Sidewalk Would Be Required In New Proposal

MELROSE, MA — Say it ain't snow.

An ordinance that would put the burden of sidewalk snow removal on residents is recirculating within the city's legislature.

You can read the full proposed ordinance here. In a nutshell, it says that able residents would be required to clear the sidewalk of snow in front of their property. Residents would have roughly 12 hours after the snow falls to clear a path - or face a warning. Subsequent offenses would result in $50 fines, in most cases.

Obviously, trying to put parameters and expectations on a New England winter is a fool's errand. President of the Board Michael Zwirko, who is pushing the ordinance, knows that, and hopes the proposal would have amendments to shore up some of the looser points. The spirit of the proposal is what's important - the sidewalks need to be available for walking during the winter. It's both a safety and a quality of life issue, Zwirko said.

"At the end of the day," he said in a phone interview with Patch, "we'll come away with the residents needing to clear their sidewalks of snow."

The fines are in place to avoid a toothless ordinance, but it isn't meant to be punitive on the whole, Zwirko said. They instead would exist to allow authorities to actually enforce something that has been unenforceable, especially when it comes to the chronic offenders.

"I liken this to a noise ordinance," Zwirko said. "Cops aren't driving around looking for noise violations." But someone can still call in when their neighbor is partying hard at 3 a.m., he said.

The idea here is similar. When an able-bodied person hasn't cleared his or her sidewalk in a timely manner after a reasonable amount of snow, there will be a recourse neighbors can take.

The subjectiveness in the proposal is not lost on Zwirko. Who is to say who is able-bodied? What constitutes too much or not enough snow? Does 12 hours really factor in if the clock expires overnight?

Zwirko says that's missing the point.

"Right now, we don't need to take a sledgehammer to this when all we need is a flyswatter," he told Patch. "We need to allow elasticities and to make judgement calls. Let's not let the perfect be the enemy of the good. If it's in the psyche of the community then I don't think we need to worry about what 12 hours means."

Police Chief Michael Lyle said at a recent Board of Alderman meeting that police wouldn't have the manpower to enforce the ordinance, though officers respond to DPW calls when a snow issue is reported.

Alderman John Tramontozzi said the proposal lacks some forward thinking because it would impact such a low percentage of residents who would considered chronic offenders. He said that Melrose residents usually figure it out.

"I don't think we should underestimate the ability of our citizens to keep the sidewalks clear of their own free will," Alderman John Tramontozzi said.

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A similar ordinance was proposed by Alderman Frank Wright in 2015 following a historically snowy winter. It was discussed for the better part of the year, finally being defeated, 6-5, in December.

If the remaining Aldermen who voted for and against the ordinance in 2015 vote that way again, it would be guaranteed five votes in favor (Bob Boiselle, Scott Forbes, Jen Lemmerman, Frank Wright, and including Zwirko,) and three votes against (Monica Medeiros, Peter Mortimer, and Tramontozzi.) That would leave Zwirko needing the three other new Aldermen - Manisha Bewtra, Kate Lipper-Garabedian, and Shawn McMaster - to all vote in favor for it to pass.

That's assuming the votes break the same way as last time around, which is no guarantee with the passage of time and some modifications made to this ordinance.

Zwirko knows this isn't the most popular measure, but said it's an important conversation to have.

"I think it's a good debate to have regardless of if this is successful," he said. "It's good for the Board, good for the city, to have these type of quality of life issues."

Photo by Mike Carraggi, Patch