January 14th, 2008 - Richard Okelberry

Last week, while driving home towards River Heights east of Main on 3rd South in Logan, I came across an elderly man shuffling slowly towards traffic on the outside edge of the street. Logan had experienced a relatively heavy snowfall a few days earlier and the sidewalks along this street where still packed with snow. This man, obviously intent on his destination decided to brave the oncoming caravan of vehicles as they made their way off Main Street during rush hour.

My first inclination was to declare this man clinically insane as I was forced to maneuver my vehicle into the slushy center of the road, and flirt with oncoming traffic. After safely passing this obstruction and observing in my rear view mirror the line of cars taking similar action, I realized the error of my initial judgment. It occurred to me that this man had the very same right to his destination as me. Why would my ownership of a vehicle grant me some greater privilege? It is likely that this man made a very calculated decision given his physical abilities, about which route was the safest for him to follow. It is terrible to think that and elderly man would have to make such a choice in an area that prides itself on civic responsibility.

Because of this encounter, I now regularly see around Cache Valley that many residents don't seem properly motivated to clear snow in a timely fashion from in front of the homes. Businesses learned long ago that there is a substantial liability for not providing a safe place for residents to walk in the public "right-of-way." I believe that the time has come for valley residents to now give this same consideration to pedestrians in front of their homes. While I'm certain that once given the following argument, most homeowners and land lords would gladly comply with snow removal ordinances, it is likely that there will always be those that will require strict enforcement of the law or threat of civil suit before properly motivating.

While I imagine most see this subject as frivolous consider that the public right-of-way must be maintained within reason, for the least able individuals in society. Imagine that you are not shoveling snow to give an easy path to someone of good health that could easily negotiate deep snow or ice without your intervention. Instead pretend that every individual that might pass before your home is disabled or elderly. For the majority of you that have never served time in a wheel chair it should be understood that snow and worse ice, are nearly impossible obstacles to

Snow covered walkway in front of Ryan's Place Park in River Heights, 3 days after significant snow event.

The corner of 3rd South and 1st East, completely impassible by the elderly or disabled. Photo taken 3 days after last significant snow event.

negotiate. Imagine how difficult it is to push your shopping cart across a snowy parking lot then multiply the experience by ten and you'll get a quick understanding of the situation a disabled person in a chair experiences on a snow covered walk.

For those that need a little more motivation to "do their duty," consider this; The American with Disabilities Act (ADA) provides for equal access for persons with disabilities to all places of public accommodation. This rightfully includes the walk in front of your house, regardless of whether you or a municipality owns the property. While the ADA doesn't provide for enforcement, it certainly provides for civil litigation against both individuals and municipalities that fail to comply. In essence, not removing snow from walkways is similar to illegally parking in a handicapped spot because it discriminates against a disabled person's ability to move freely in public.

Now there will always be those among us that are simply physically unable to remove all the snow that falls here in the valley on their own. For those individuals we should establish first a network of volunteers that are willing to help in these areas then charge our municipalities with doing the rest. As a good neighbor, simply ask yourself, who on you block is elderly or disabled, then run a shovel past their house when it snows. It's that simple. Most walkways don't require more than 5 minutes of attention with the average snowfall.

Finally, as a general rule, new fallen snow or ice should not stand for more than 24 hours on sidewalks. During prolonged snow events the walkway should be cleared at least once every 24 hours and should be preferably done by 9 am each day. It is also important to check with your local codes to ensure compliance with local ordinances. I am proud to state that in my River Heights neighborhood the snow blowers are generally running before 6 AM as residents race to do their neighbor's walks and drives. I hope that this is true near your home as well and hope you remember that a little consideration can go a very long way to creating a great place to live.

Richard Okelberry - Managing Editor