Bill’s Point of View:The Blizzard of ’09 Still the Topic of Discussion
Monday, January 11, 2010
See photo galley The Big Snow Storm
By Bill Cleary
Some Gloucester City residents are still upset with the way local authorities enforced the snow removal ordinance (#73-15) following the December blizzard. The record snow storm began on Friday December 19th and didn’t end until early Sunday morning, December 20. Nearly two feet of snow fell over that time period.
According to Chief Housing Officer Joseph Stecklair he and Mayor Bill James were discussing the storm around 9am in front of the municipal building on Monday, December 21. Stecklair said he noticed that pedestrians were being forced to walk in the streets because sidewalks were not cleared. Because of safety concerns Stecklair said he contacted Police Chief George Berglund, and it was decided that the housing office would gather up addresses of those properties that were in violation of the law.
“It took Kyle (Wagner) assistant housing officer all day to cross reference the addresses with the tax records,” said Stecklair.
That information was turned over to the police department who mailed the citations on Tuesday, December 22.
Stecklair said only properties on the west side of town were cited. “Reason being most
of the pedestrian traffic is in this area” (Broadway, Market, Monmouth, King).
Chief Berglund said he was in agreement with the safety factor caused by snow covered sidewalks. “We were not aware that #73-15 required those offenders to make a court appearance. I just thought it was a $25 fine. That is one of the reasons why the 54 people were sent a letter dismissing the ticket.”
Berglund pointed out that even the City was cited for not clearing off a property it owned at Broadway and Middlesex Street.
Continuing, “A storm dropping two feet of snow in our area is highly unusual. That factor alone presented a different scenario than the normal 3 to 6 inch snow storm that we have. You had City owned properties not being cleared within the time frame given because the workers are busy elsewhere clearing streets. Then you have sidewalks that were shoveled and covered again after a city plow goes by shooting snow over that same sidewalk. We have landlords and business owners who live elsewhere unable to get to their property in Gloucester City because of the deep snow and road conditions.”
“It was a situation where you are damned if you do, damned if you don't. The ordinance on the books calls for removal of snow in 12 hours; I feel a 24 hour period is more suited. We will be looking at the ordinance to see what changes need to be made to bring it up to date,” Berglund said.
I think most people agree that because of safety reasons this ordinance is needed. You can’t have kids/pedestrians walking in the street because sidewalks are impassable. And I am glad to hear that those in charge are going to revise/update the existing laws. Hopefully there is some consideration given to the elderly and the disabled living alone. I don’t think it is fair to levy a fine against a person who isn’t capable to remove the snow. Make up a list of these individuals so some kind of an arrangement with volunteers can be made in each neighborhood to have their walks cleared.
As for snow removal for the many rental properties, a ClearysNoteBook Reader suggested, "When the landlord applies for a certificate of occupancy a question about who in writing will be responsible for the clearing of snow, the tenant or the landlord, that way if the snow isn't removed in time the city knows who to site with a fine.”
Regarding the letter dismissing the fine sent to the 54 people cited, Bob Kotter said he was upset that he didn’t have his day in court. “My walk was cleared, not once but three times during the storm. According to the letter I have a permanent record against me being kept on file. I have been found guilty without having an opportunity to defend myself.”
A person who commented on ClearysNoteBook.com writes the police officer who signed the ticket needed probable cause to do so. He did not witness any violation therefore there is no probable cause. I say fight the warnings too. You should hire an attorney and sue the City for this. Our mayor and council are making our city employees enforce this kind of stuff. It is nothing less than an additional tax on us. Fight it all the way.
The ordinance was passed on April 7, 1881 and revised on April 5, 2001. Statue 73-15 reads, Removal of snow and ice from sidewalks and gutters. From and after the passage of this ordinance, all owners or occupants of any lots, building, sheds or cellars upon any street or streets where curbstones are laid within the limits of Gloucester City shall be required to have the pavements, sidewalks and gutters of said lots, building sheds or cellars cleaned and freed from all snow and ice within 12 hours after the same shall have fallen, been made or accumulated.
73-015-1 Prohibition from disposing of snow into the traffic lane. (Added 4-5-2001) by Ord. No.2-2001. No owner, occupant and/or tenant of any business, industrial, commercial, or residential use shall plow, throw, stack or move in any way whatsoever snow which has accumulated onto vehicles, driveways, sidewalks, parking lots, private property and the like into the traffic lane of the cartway of any public street in the City of Gloucester City for the purpose of this ordinance, a traffic lane shall be that area of the public street upon which vehicular traffic regularly travels and which may be plowed by the Public Works Department of Gloucester City and or public entities. A traffic lane shall not mean the area of any cartway which is regularly and generally used for the parking of vehicles.
The letter sent from the Court Administrator to those cited reads, The City Prosecutor has advised us that he is dismissing the above ticket (s) stemming from your lack of snow removal. There is NO need to appear in court as the City Prosecutor will dismiss the ticket administratively. However, the City of Gloucester hereby gives notice that any future violation will be fully prosecuted and any subsequent offenses shall not be dismissed.
According to former vice-president Al Gore and the “Washington Elite” our climate is changing to warmer temperatures aka "Global Warming". I just wonder when that is going to begin? It has been reported that this is the coldest winter in decades.
What is your opinion? Comment on ClearysNoteBook.com or write Bill Cleary c/o Gloucester City News, PO Box 151, Zip 08030