Agenda Item No.: D.2.b.
Sidewalk Snow Removal (K. Leibovici).
Recommendation:
That the April 1, 2003, Planning and
Development Department report be received
for information.
Report Summary
This report is in response to an inquiry
regarding sidewalk snow removal.
Previous Council/Committee Action
 At the April 22, 2003, Transportation
and Public Works Committee meeting,
this item was postponed to the May 20,
2003, Transportation and Public Works
Committee meeting, to be dealt with at
the same time as the Policy on
Residential Snow Removal report.
 At the March 11, 2003, City Council
meeting, Councillor K. Leibovici made
the following inquiry:
“Recently I have received complaints
regarding the City’s enforcement of the
bylaw regarding shovelling of sidewalks
to bare pavement by residents.
My questions are:
1. Please supply a brief history of the
current sidewalk snow removal
bylaw and the rationale for the time
provided to individuals to remove
snow as well as the policy of going
to bare pavement.
2. What occurs in Montreal, Toronto,
Ottawa and Winnipeg re sidewalks
being shovelled? Is it the
responsibility of the City or the
homeowner?
3. What changes need to be made to
our sidewalk snow removal policy to
reflect that sidewalks should be level
and sanded and that bare pavement
Routing:
Delegation:
Written By:
April 1, 2003
File: 2003PDD011
may not be realistic to achieve, due
to circumstances such as weather or
location?
4. As many citizens have said that
packed snow is visible on city roads
and streets, is there a level of packed
snow on sidewalks adjacent to
homes that is currently the
responsibility of homeowners to
shovel that could be acceptable, i.e.
1-2 inches deep?
5. Please explain how the current
process that is complaint driven can
be fair to all citizens when
individuals whose sidewalks are not
shovelled but have no complaints
registered do not receive tickets.
6. Is it the City’s policy to plow to bare
pavement on sidewalks that the City
is responsible for removing snow?
7. What would be the cost of the City
plowing all sidewalks on an as
required basis?
8. What leniency can be provided to
those who have been issued tickets
during times of extreme cold when it
is difficult to shovel down to bare
pavement?
9. Furthermore, as I have received
complaints from schools and parents
regarding windrows at schools, what
change in policy would be required
to remove windrows on both sides of
the street at school drop off zones?
I am requesting that the information be
provided at the same time as Councillor
D. Thiele’s inquiry on snow route and
parking bans and the report on Policy on
Residential Street Snow Removal, at the
April 22, 2003, Transportation and
Public Works Committee meeting.”
Transportation and Public Works Committee
Mark Garrett
David Aitken
Planning and Development Department
(Page 1 of 5)
D
2
b
Sidewalk Snow Removal (K. Leibovici).
Report
1. Please supply a brief history of the
current sidewalk snow removal bylaw
and the rationale for the time provided to
individuals to remove snow as well as
the policy of going to bare pavement.
In April 1979, the City’s Traffic Bylaw
5590, Part 8, Section 801, was passed to
regulate the removal of snow, ice, dirt and
debris from city sidewalks adjoining
property. The bylaw provides 48 hours from
when the snow or ice was formed or
deposited on the sidewalk to be removed.
The bylaw differentiates single family
property offences from commercial property
offences.
The 48-hour grace period strikes a balance,
giving property owners a reasonable time
frame to clear the city sidewalks without
prolonging an existing safety hazard for
pedestrians while minimizing the City’s
exposure to lawsuits for injuries resulting
from uncleaned sidewalks.
The wording of Section 801 requiring “all
snow and ice” to be removed allows for
consistent enforcement application and sets
a clear and objectively identifiable standard.
By requiring all snow and ice to be
removed, there is no uncertainty regarding
which property is governed by the section
and which is not. See Attachment 1 for a
more detailed rationale.
2. What occurs in Montreal, Toronto,
Ottawa and Winnipeg re sidewalks being
shovelled? Is it the responsibility of the
City or the homeowner?
In Winnipeg a Sidewalk Cleaning Bylaw was
introduced in 1983 relative to one particular
neighbourhood. This bylaw placed the
responsibility for snow removal within 48
hours of last snowfall on adjacent property
owners. The remainder of the city sidewalks
continued to be cleaned by their Public
Works Department. Enforcement of that
bylaw has been discontinued and the Public
Works Department now cleans all city
sidewalks. The cleaning is conducted on a
priority basis with the downtown core and
arterial roadway sidewalks being of primary
concern.
The City of Ottawa has no bylaw placing the
responsibility for snow removal from city
sidewalks on adjacent private property
owners. Instead, the city’s Transportation,
Public Utilities and Public Works
Department plows all city sidewalks. This is
an inventory of approximately 1,500 km of
sidewalk where the city plows and lays sand
and grit. This inventory also includes
approximately 250 km of sidewalk in the
downtown core where the snow is removed
down to the bare pavement and the sidewalk
is salted. Outside of the downtown core, the
city plows whenever there is an accumulation
of 5 cm of snowfall or greater. The
approximate cost of annual sidewalk plowing
in the City of Ottawa ranges from $6 million
to $7 million.
Toronto has a bylaw requiring property
owners to remove all snow and ice from their
adjoining public sidewalks within 12 hours of
last snowfall. Failure to do so results in the
City cleaning the walk and billing the
property owner. If the property owner does
not pay the bill the cost of the work is added
to their property taxes. There are no penalty
fines. However, the City does plow most
sidewalks in residential and commercial areas
with the exception of the downtown core.
(Page 2 of 5)
Sidewalk Snow Removal (K. Leibovici).
The snow is plowed into windrows but the
sidewalk is not cleaned down to the
pavement and a base of snow remains on the
walk. In areas where the City has undertaken
the task of plowing the walks, no
enforcement action is taken against adjacent
property owners for failing to remove snow
and ice from the public sidewalk. The City
does not plow sidewalks in the downtown
core due to heavy commercial and pedestrian
traffic. Enforcement action is taken against
property owners in the areas of the city, such
as the downtown core, where the property
owners are responsible for snow removal.
In Montreal there is no municipal bylaw
governing snow removal from city
sidewalks. The Public Works Department is
responsible for removing snow and ice from
all city sidewalks. Snow removal is effected
whenever there is an accumulation of 2.5 cm
or more of snow and ice. The entire city, all
27 boroughs, includes a total inventory of
6,409 km of public sidewalk. The sidewalks
are cleaned with bobcats and snow blowers
down to the bare pavement and all snow is
removed from the public property to snow
storage sites or disposed of through sewer
outlets. Sand, salt and grit is applied to
sidewalks to prevent ice build-up and render
the walks safe. The 2003 snow removal
budget for all 27 boroughs of the City of
Montreal is $129,717,200. This figure
includes the cost of cleaning all sidewalks
and roads and removing all snow.
3. What changes need to be made to our
sidewalk snow removal policy to reflect
that sidewalks should be level and
sanded and that bare pavement may not
be realistic to achieve, due to
circumstances such as weather or
location?
The interpretation given to the snow
removal regulations by Enforcement
Officers, the Crown Prosecutor, and the
Court has been that unless there is bare
concrete, there is a breach of the bylaw.
Officers strive to be fair and reasonable with
enforcement of a seemingly stringent snow
regulation. As a consequence, officers
established a threshold level whereby there
must be a minimum amount of snow before
a courtesy warning notice is issued and an
another threshold amount before a fine is
issued. Generally, landowners that receive a
penalty ticket for failure to remove snow
have a minimum of 25 mm of hard packed
snow and ice (see Attachment 1).
4. As many citizens have said that packed
snow is visible on city roads and streets,
is there a level of packed snow on
sidewalks adjacent to homes that is
currently the responsibility of
homeowners to shovel that could be
acceptable, i.e. 1-2 inches deep?
Administration recommends maintaining the
current bylaw standard for sidewalk snow
removal. The potential danger of snow
remaining on city sidewalks represents a
greater safety concern in comparison to
similar amounts of snow remaining on the
local city roadway network. The increased
risk of slip and fall accidents on uncleaned
sidewalks justifies the current approach.
4. Please explain how the current process
that is complaint driven can be fair to all
citizens when individuals whose
sidewalks are not shovelled but have no
(Page 3 of 5)
Sidewalk Snow Removal (K. Leibovici).
complaints registered do not receive
tickets.
The City’s sidewalk snow removal
regulations are both proactively and
reactively enforced. Complaints can be
citizen generated or officer initiated. All
snow complaints are handled in a similar
manner (see Attachment 2).
The approximate per cycle cost for this
832 km inventory is $150,000.
To complete one cycle of plowing of the
remaining 3,300 km of sidewalk inventory,
the cost would be $500,000 per cycle or
approximately $6 million over a winter
season based on the existing service levels
of currently maintained City inventory.
6. Is it the City’s policy to plow to bare
pavement on sidewalks that the City is
responsible for removing snow?
The Transportation and Streets Department
is held to the same bylaw standard and given
the same tolerances as property owners, for
sidewalk snow removal.
7. What would be the cost of the City
plowing all sidewalks on an as required
basis?
The Transportation and Streets Department
is currently responsible for plowing 832 km
of sidewalks to meet City’s Traffic Bylaw
5590. In order to achieve a bare sidewalk
surface as a result of snowfall, drifting
snow, freeze thaw cycles, freezing rain, etc.
an average of $1.8 million is expended per
winter season (October 1 - April 30) based
on the last five years. At present there is an
additional 3,343 km of sidewalks within the
city that are being maintained by the
abutting property owner. Due to growth, an
additional 70 km of sidewalk is being added
per year to the overall City inventory on an
annual basis.
The current winter service level on the
sidewalks being maintained by the City is
based on 12 cycles of plowing and two
cycles of sanding in freezing rain conditions.
Plowing of sidewalks adjacent to residential
property also has the potential to cause
damage to landscaping and result in the
placement of windrows of snow.
8. What leniency can be provided to those
who have been issued tickets during
times of extreme cold when it is difficult
to shovel down to bare pavement?
When enforcing snow removal regulations,
officers are given a degree of flexibility to
ensure consistent, reasonable and fair
enforcement of the Traffic Bylaw. The steps
followed by the officer have a degree of
latitude which allows the officer to deal with
extenuating circumstances that may mitigate
or aggravate enforcement actions. It is
recognized that two Bylaw Officers’
opinions concerning an enforcement
situation may vary. However, it is expected
that their enforcement action fall within the
set office policies and procedures.
Enforcement staff strives to obtain citizen
compliance before considering enforcement
action. In the pursuit of this goal, a balance
is sought between the concerns of the
complainant, the obligations of the
complainee and the Bylaw requirements (see
Attachment 3).
(Page 4 of 5)
Sidewalk Snow Removal (K. Leibovici).
9. Furthermore, as I have received
complaints from schools and parents
regarding windrows at schools, what
change in policy would be required to
remove windrows on both sides of the
street at school drop off zones?
As part of a request for Transportation and
Streets Department to develop a new policy
that would govern the clearing of snow from
residential streets, removal of snow at
schools would be included.
At present there are 313 schools within the
City of Edmonton that could be impacted by
snow plowing operations. When plowing
occurs, all school drop-off zones and school
frontages have the snow plowed to the side
opposite the school, leaving no snow
accumulation in these zones immediately
adjacent to a school.
1. Interpretation and Application of Snow
Removal Regulations.
2. Bylaw 5590 Enforcement Policy and
Procedure.
3. Examples of Discretions, Flexibility and
Leniency.
Background Information Attached
Of the 313 schools, there are currently 174
schools on existing snow routes. All of
these locations are plowed on a regular basis
through our existing policy. Under normal
circumstances the snow would be removed
as part of a city wide pick-up program
typically in January or early February.
However, due to the cost of the residential
plowing program this year, a decision was
made not to remove windrows on many of
the snow routes, which resulted in snow
being left opposite the school frontage.
Others Approving this Report
R. Millican, General Manager,
Transportation and Streets Department
There are 139 schools on residential roads
that are not plowed on a regular basis.
When a residential road-plowing program is
initiated, the same plowing criteria for
schools on snow routes is used. At this
time, plowing of these schools is not part of
our existing policy. It follows then that the
removal of the windrows at these locations
is also not addressed in our existing policy.
Estimated cost to remove plowed snow
adjacent to schools currently not in the
policy is approximately $500,000.
(Page 5 of 5)
Attachment 1
Interpretation and Application of Snow Removal Regulations.
The Traffic Bylaw’s wording within Section 801(1) “all snow and ice” allows for the consistent
application of enforcement activities. By requiring all snow and ice to be removed there is no
uncertainty regarding which property is governed by the section and which is not. The
interpretation given to Section 801(1) by the Complaints and Investigations Section, the City of
Edmonton’s Crown Prosecutor, and the Provincial Court Commissioners has been that unless
there is bare concrete, there is a breach of the Bylaw.
To be reasonable with the enforcement of the snow regulation, Municipal Enforcement Officers
have set a level whereby there must be at least a minimum of one-half inch of snow covering the
sidewalk to warrant issuing a warning. Generally, landowners that receive a penalty ticket for
failure to remove snow have predominantly between .6 cm to 1.2 cm (1-1/2 to 3 inches) of
snow/ice on the sidewalk. Once the matter is before the court, however, the standard of “down
to the concrete” is the measure uniformly applied.
The Law Branch feels that it is a tenant of criminal and quasi-criminal prosecutions that like
situations must be dealt with in a like manner. The Traffic Bylaw outlining “all snow” is a clear
and concise measure for assessing like situations. The absence of such a clearly worded section
would make it impossible to expect a consistent application of the Bylaw. This could result in
citizens being confused about their obligations to maintain their sidewalks, the court not applying
the Bylaw consistently, and confusion amongst Bylaw Officers about when to issue a penalty
ticket. Therefore, the consistent application of the Bylaw is desirable in order to achieve fair and
equitable enforcement. Such consistency would be unattainable without a section worded very
similarly, if not exactly, as Section 801(1) reads: “…all snow…”. The Section pertaining to
snow removal provides a standard that has been uniformly interpreted by the Court to mean that
sidewalks must be cleaned of snow and ice to the bare concrete within 48 hours of the last
recorded snowfall.
The bare concrete standard makes for uniformity of application and for efficient and effective
enforcement. Some defendants have argued that they have made a reasonable effort to try and
remedy the situation. The Court recognizes the proper standard us to render the sidewalk free of
snow to the concrete. The reasonable effort argument is a subjective one and if accepted by the
Courts would result in a Bylaw that is discriminatory in its application. For example, it could be
argued that which is reasonable for a 24 year old is not reasonable for a 74 year old. Without an
objective standard such as “all snow and ice” the bylaw would be next to impossible to enforce.
The Law Branch reported a 99% conviction rate of individuals who contested penalty tickets for
inadequate snow removal. The Development Compliance Branch uses these conviction statistics
and court rulings as a yardstick to measure its enforcement procedures and Bylaw interpretation.
Given the 95% voluntary compliance rate achieved from issuing warning notices and the high
conviction rate in court, the enforcement unit feels its procedures and standards are both
reasonable and fair to all the citizens of Edmonton.
Attachment 1 - Page 1 of 1
Attachment 2
Traffic Bylaw (Snow Removal) #5590.
Description:
A section of the bylaw regulating and controlling the removal of snow, ice, dirt, debris and any
other material from City of Edmonton sidewalks within a 48-hour time period.
Rationale:
The purpose of this section is to ensure public safety through the regulation of public sidewalk
conditions.
Procedure:
1. A complaint can be either a citizen complaint or an officer initiated complaint.
2. The officer shall ensure that the 48-hour grace period from when the snow/ice/debris was
deposited has passed before he or she starts the investigation.
3. A physical inspection will be conducted. If a violation of the Traffic Bylaw exists it must be
documented and a notice to comply or a ticket may be issued.
4. Properties will only be issued notices to comply once per season.
5. Notices to comply concerning snow or ice on walks will be issued to the following types of
property:

Apartments

Residential Homes (Owners/Tenants)

Condos

Duplexes

4-Plexes

Churches

Vacant Lot

All City owned property

Schools

Charities

Non-profit Organizations

Community Leagues
6. The following types of property will not receive a notice to comply:

Vacant Lots (with commercial activity)

Commercial Building

Strip Malls
7. Notices to comply will be issued to the owner of the property abutting the sidewalk in
question. A copy of the notice may be sent to the tenant if one should exist. The standard
compliance date of the notice allows seven (7) days for delivery and remedy.
8. The officer shall conduct a follow-up inspection after the expiration of the compliance period
stated on the notice to comply.
6. If there is compliance the file may be concluded. If there is no compliance or if upon the
initial inspection the property is of the type that does not receive a warning notice the officer
Attachment 2 - Page 1 of 2
Attachment 2
Traffic Bylaw (Snow Removal) #5590.
shall record the length, width and depth (minimum one depth measurement) of the sidewalk
area covered by snow or ice. The officer shall take photographs clearly depicting the
sidewalk area affected. The officer may chip away a section of the snow/ice and take a closeup photograph showing the depth of the snow/ice. The officer will then record the last
recorded snowfall time, date and amount.
7. The officer shall then issue a ticket to the property owner as determined by the tax roll
number of the titled lot.
8. The officer shall then create a work order for the snow contractor. The officer shall ensure
that the depth of snow, sidewalk width and length are correct. The officer will attach two
copies of a property map and a copy of the property tax roll information to the yellow copy
of the work order. The work order will then be forwarded to the Field Supervisor to calculate
the cost.
9. The property owner shall be billed for the cost of remedying the violation. The amount may
be transferred to the property owner’s tax roll if the bill is not paid.
Troubleshooting:
1. If the City grader places a windrow of snow more than 1 foot onto a standard (1.5 m) city
sidewalk, no enforcement will be taken. If the windrow extends on to the sidewalk 1 foot or
less the property owner will still be responsible for removing the rest of the snow/ice but not
the windrow. A windrow removal notice will be faxed to the Transportation Department to
have the windrow removed.
2. A 48-hour grace period after last recorded snow fall will be allowed to elapse before any
enforcement action commences.
3. Should snow fall continuously for an extended period of time the Director of the Complaints
and Investigations Section may authorize enforcement action to be taken, regardless that the
48 hour grace period has not been observed, in the interests of ensuring public safety.
4. Only one warning notice will be issued to any given property each winter season. Further
violations after the issuance of a warning notice will result in penalty tickets.
5. Officers shall maintain an updated list of community league sandbox locations to refer to
citizens to assist them in rendering icy conditions safe.
6. Officers will maintain an updated list of institutions to refer seniors to for assistance with
cleaning their walks should they require help.
7. Aggravating and mitigating circumstances may require departure from established policy and
procedures.
Attachment 2 - Page 2 of 2
Attachment 3
Examples of Discretions, Flexibility and Leniency.
1.
The time lines for compliance to a warning notice may be changed by the officer to allow
for snow removal given extenuating circumstances, such as, death in the family, sickness,
repair or purchase of snow removal equipment, postal delay, etc.
2.
When a Bylaw Officer inspects a sidewalk to determine whether a warning notice is
warranted they take into consideration several factors, such as:
(a)
Is the full width of the sidewalk cleaned?
(b)
What percentage of the sidewalk is covered with snow and to what depth?
(c)
Has an application of sand or small pebbles been applied to the surface?
(d)
If there is only a marginal amount of snow, has there been a specific citizen
complaint?
(e)
Has snow been placed onto the sidewalk from another area?
3.
If the City’s Transportation and Streets Department graders put a windrow of snow more
than a foot onto a 5 foot sidewalk, no enforcement action will be taken until the windrow
is removed by the City.
4.
When a Bylaw Officer inspects a City sidewalk that has snow packed down by pedestrian
traffic, a warning notice will be issued to the abutting landowner. The Officer realizes
the difficulty of removing packed down snow from the sidewalk and can provide extra
time to the landowner to remedy the problem.
5.
If snow and ice are found on a City sidewalk that is in disrepair, rough and uneven, or has
significant broken sections that may hamper adequate snow removal, a warning notice
may not be issued if an obvious attempt has been made to clear or render safe the
sidewalk.
6.
If an obvious attempt has been made to clear a sidewalk but snow still remains, an
application of sand or pebbles may be considered by the Bylaw Office as satisfactory.
7.
A Bylaw Officer may issue a warning notice for a small amount of snow on a City
sidewalk, however, the same amount of snow would not necessarily result in a penalty
ticket.
Attachment 3 - Page 1 of 1