Shovel law still on books

John Howell
Posted 2/12/15

As long as the law is on the books, Warwick Police are advising residents and businesses to shovel their sidewalks.

It’s not that some members of the City Council don’t want the walks cleared …

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Shovel law still on books

Posted

As long as the law is on the books, Warwick Police are advising residents and businesses to shovel their sidewalks.

It’s not that some members of the City Council don’t want the walks cleared but, given the volume of snow this winter and the prospect that it isn’t over yet, they believe there could be a better way than fining people $100 for failing to shovel.

On Monday, the eight members of the council in attendance unanimously approved resolutions creating a commission to study the law and to forgive people fined under the city ordinance retroactively until Feb. 1.

Ed Ladouceur (D-Ward 5) sponsor of the measures, expressed his frustration yesterday that, until the council votes on an ordinance – and the earliest that can happen is the second council meeting in March – they really can’t make any changes.

“You can’t tell them [the police] not to enforce the law,” Ladouceur said.And what about those who have already been ticketed (seven as of yesterday morning), can they forget paying the $100?

“That’s going to be the judge’s discretion as to what to do,” Ladouceur said.Warwick Police Major Raymond Gallucci said yesterday that, following Monday’s storm, police resumed responding to complaints of snow-covered sidewalks. He said police were notifying property owners of the law, citing, in particular, a section of Warwick Avenue near Sherman School.

“We’re out today before the next storm,” he said. “Unless the law is changed we’re going with the policies.”

It has some people outraged. One of them is Ken Ballou of Strawberry Field Road. Ballou said police came to his door and told him he would be ticketed unless he shoveled. He said he told the officers he is disabled and pulled up his shirt to reveal a scar.

Nonetheless, he was ticketed. He then called the mayor’s office, the police station and his councilwoman, fearing he might get ticketed again. After not getting return calls, he said, he summoned his strength and shoveled the walk himself. As a result, he said yesterday, he is in extreme pain, his blood pressure has soared and if conditions don’t improve he’ll be going to the hospital.

Ballou said Senator Michael McCaffrey responded to his call and offered to go with him to city court on March 12.

Ladouceur said constituents have complained they can’t shovel because of disabilities, age or can’t afford to pay someone to do it. Others have complained that, soon after shoveling, city plows come along and fill in the work they have done.

Ladouceur doesn’t have a ready answer, but he believes the law could be improved.

“If you get people around the table that think out of the box you can get reasonably good solutions to the problem,” he said.He hopes that’s the case with a study commission. He is looking to have David Picozzi, director of Public Works; Fire Chief Edmund Armstrong, who directs emergency management; William DePasquale of the city administration as well as other representatives on the commission.

Ladouceur believes there are some “common sense” measures that could lessen the risk of injury to students walking to and from school.

Noting that, according to information provided by Mayor Scott Avedisian, 97 percent of Warwick students are already being bused or driven to school, Ladouceur suggested schools expand its bus service to pick up all students following heavy snowstorms.

“How difficult is it going to be to pick up 3 percent of them? It can’t be that big of a deal to add on some bus stops,” he said.

Superintendent Richard D’Agostino said buses are already on an “operation capacity” at this time, meaning, as long as the space is available, they provide transportation to students who would otherwise be required to walk.

“We’ve been doing it as long as we can do it,” D’Agostino said.

He also urged parents to drive their children to school or have them car pool with friends. But, he stressed, if parents have apprehensions over the safety of their children, they need to make the determination of whether their child should go to school.

“This won’t be held against them,” he said, explaining that absences under such circumstances would not be viewed as truancy. “This is no different than the school threats.” He was referring to the decision to add extra police surveillance when letters threatening elementary school students in Warwick, Cranston and Johnston were found. In that case, students were not considered truant when their parents kept them home.

Looking ahead, D’Agostino said with school consolidation, which will require more busing, he can see a day when students will no longer be required to walk to school.

D’Agostino agreed conditions are “unusual,” however, “We want to make sure everyone is safe.” In addition to students, D’Agostino said that 545 of the department’s 945 teachers live outside the city and “We want them to be safe, too.”

Thus far, there have been four snow days, which won’t affect plans to close schools for the summer on June 24. But the school closings mean Warwick seniors won’t be graduating as soon as they were scheduled to. The three high school graduations set for the 9th, 10th and 11th of June have all been pushed back a week to meet a 171-day requirement, D’Agostino said.

Comments

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  • RIposter

    There is an elementary school off Strawberry Field Road so either shovel it, hire someone or ask your neighbors for help.

    Thursday, February 12, 2015 Report this

  • HerbTokerman

    The property owners in the city do not own the sidewalks.

    The city should take care of their own property rather than trying to extort people in to doing it for them and it seems it should be illegal.

    i am surprised someone hasn't appealed the ticket and the law itself up to the supreme court.

    what's next? local residents need to mow the lawns in the parks or get fined?

    or property owners are responsible for shoveling out half of the street in front of their house so the city doesn't have to pay for plowing?

    This is why we pay taxes, to have city property and public safety taken care of.

    Thursday, February 12, 2015 Report this

  • Stella

    It should be all or none, everyone gets cited or no one and not before the city gets their own house in order. I understand it is the law but common sense should prevail. It is insulting and unjust to get fined and see the adjacent city owned property with the cross walks and signal controls not cleared. If it is really all about safety then the section of Draper Ave. ( Gorton JH to West Shore Rd.) that is the responsibility of the city should be cleared and the side walks should be rebuilt in the spring. Every day dozens of students are walking in the street.

    Friday, February 13, 2015 Report this

  • DillonYork

    What? The city of EP realized that this law is STUPID! The city is pushing now onto the sidewalks and the city expects the resident to remove it? Well why does the city of Warwick not remove the snow from the side walks in front of the Annex building in Veterans memorial Drive, in front of the ball field next to the Annex building, around Gorton Pond and in front of the cemetery in Appanoag?

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    I do not city the Warwick Police giving Scott fines for these places do we?

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    There are other stupid laws on the books in the city and the state but the city does not enforce them.

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    Why does the Warwick police dept not fine those Idiots who NEVER clean off their cars and then drive around the city with snow and ice falling off hitting cars behind them, landing on clean roads?

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    Why does the Warwick Police not fine vehicles that are parked on the city streets during PARKING BANDS ?

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    Expecting people to shovel sidewalks that are never used, like in a cul de sac or like at dead ends is STUPID!

    Friday, February 13, 2015 Report this

  • wwkvoter

    Honestly, look at the sidewalks. FEET of packed snow pushed over by snow plows.. It is ENTIRELY UNREALISTIC to expect every last citizen abutting sidewalks to dig that snow out! LOOK at it. DEEP, PACKED, and if someone could move it, the city will plow more onto that same sidewalk. Cast in point - the CITY OF WARWICK with all its millions for manpower and equipment cannot even comply with its own rule.

    Saturday, February 14, 2015 Report this

  • gwsjr75

    Many thoughtful comments below. I agree that (1) many sidewalks are lower-priority, but (2) main roads and school areas have sidewalks that are used and should be cleared, and (3) while the city / state / government agencies should absolutely do their part by shoveling sidewalks along their own properties, (4) it is not unreasonable or uncommon to require private property owners to clear (or have cleared) their own sidewalks (when those sidewalks are in areas where people actually need to use them). It is not easy to clear a sidewalk on a main road after the plows have finished, but I do it myself and it is not at all impossible. If you are old or otherwise incapable, and if you cannot afford to hire someone to help and have no one to ask for help, then I think the city should offer assistance. While it does not seem like it right now, we are talking about a pretty limited number of snow events per year.

    Tuesday, February 17, 2015 Report this