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MO cities emphasize importance of shoveling sidewalks
posted by Brent Hugh at 1/08/2010 08:01:00 PM
Snow shoveling by klmontgomery on FlickR
With most of Missouri seeing the heaviest amount of snowfall in many years, Missouri cities are emphasizing the importance of clearing sidewalks for pedestrians.

Springfield:
In addition to making driving difficult, snowfall can endanger pedestrians -- especially those who must rely on their own two feet to get to school.

And this is not a small number.

In the Springfield district, 6,500 students are transported to school by the district and a significant portion of the remaining 23,942 walk to school. (The district doesn't keep count of walkers versus those who arrange their own transportation.) . . .

Allowing the snow to sit on the sidewalk in front of the home or business that you own or occupy violates City Code. Section 98-74 says you're supposed to take "reasonable measures under the circumstances" to clear the walks so as to not "endanger or inconvenience pedestrians."
. . .

We just hope this reminder will trigger some sidewalk clearing by citizens healthy enough to do it, or by some enterprising tykes clever enough to grab a shovel and go knocking on some doors -- perhaps with a copy of this editorial or the actual city code in hand.
Jefferson City:
A Jefferson City code says residents are responsible for clearing the sidewalk outside of their own homes.

"We obviously want to give residents time before they go out to shovel the sidewalk," Community Development Director Charlie Lansford said. . . .

"We'll be focusing on high-pedestrian areas."

High-pedestrian areas include sidewalks around schools, shopping centers, and bus stops.
St. Joseph:
Under City Ordinance Section 25-78, the property owner is responsible for removing ice and snow from his or her sidewalk, unless the city is the owner of it. . . .

Since sidewalks are often used by senior citizens, children and people with special needs, Sgt. Rothganger advised anyone not able to safely walk on them to take what they deem a safer option [including walking in the street where snow has been cleared, if that seems the safest option.]. . . .

Mr. Woody said crews were working diligently on sidewalks where they were required to perform maintenance, and he hopes others will do the same to their property.

“It is an obligation of the property owner to clean it themselves,” he said. “It’s a private responsibility.”
Chicago's Active Transportation Alliance has been encouraging individuals and businesses to shovel their sidewalks:
The Chicago-based Active Transportation Alliance is urging residents, tenants and businesses to keep sidewalks clear and safe for pedestrians. . . .

Executive director Rob Sadowsky says snow shoveling walkways is neighborly, and in some places, including Chicago, it's the law.

The Alliance has downloadable flyers in English and Spanish that people can post encouraging and thanking their neighbors for shoveling. They're at www.activetrans.org/shovel.
Comments: No comments on this article yet - what's your opinion on this article or topic?

Doctor who intentionally injured bicyclist gets 5 years prison
posted by Brent Hugh at 1/08/2010 01:25:00 PM
VeloNews is reporting that the "road rage doctor" who slammed on the brakes in front of two bicyclists, causing serious injuries, will get five years in prison:
Christopher Thomas Thompson, found guilty of six felonies and a misdemeanor, has been in custody since his conviction in November. Following an often-emotional two-hour hearing Superior Court Judge Scott T. Millington sentenced Thompson to two years on the charge of assaulting cyclists Ron Peterson and Christian Stoehr with a deadly weapon and added a three-year enhancement because Peterson suffered serious bodily harm. The remaining lesser charges also carry prison time, but those sentences will be served concurrently with Thompson’s five-year sentence.

Prosecutors had asked that Thompson be sentenced to eight years for crimes mostly relating to a July 4, 2008 incident in which he abruptly stopped his car in front of two riders descending Mandeville Canyon road, near Los Angeles. Thompson was also convicted of misdemeanor charges relating to a similar incident that occurred months earlier, but did not result in injuries.
This case has been widely publicized both within California and across the nation.

According to the article, the court has been deluged with letters from bicyclists asking the court to give a sentence that emphasizes the severity of the crime and that will send a message to other drivers who may be tempted to engage in similar road rage.

More about the case in the LA Times.

Many more details in the VeloNews article.

Important parts of MoBikeFed's Vision of Bicycling and Walking in Missouri include improving safety for bicyclists and pedestrians, educating motorists about safe operation, and working towards traffic justice for nonmotorized users--including appropriate consequences for those who deliberately or carelessly injure or kill bicyclists or pedestrians.
Comments: No comments on this article yet - what's your opinion on this article or topic?

Missouri selected for Safe Routes to School Network Project
posted by Brent Hugh at 1/08/2010 01:12:00 PM
We'd like to create the most effective State Network possible--you can help by forwarding this announcement to organizations, agencies, and public officials and inviting them to participate

The Missouri Foundation for Bicycling and Walking is pleased to announce that the Safe Routes to School National Partnership selected Missouri to participate in the 2010 and 2011 phase of the State Network Project.  Nineteen states and the District of Columbia were chosen to participate in this project, which is being funded by the Robert Wood Johnson Foundation, Kaiser Permanente, and the Centers for Disease Control and Prevention.

The Missouri Network will work to increase physical activity among all students, ensure that federal SRTS funds are spent on quality projects, work to leverage additional state resources for SRTS initiatives, and advocate to remove barriers to walking and bicycling to schools through policy initiatives. The 2010-2011 phase of the State Network Project also includes a focus on serving lower-income populations and reducing crime.

How to Join your Network:
The specific policy efforts of the Missouri Network will be developed and achieved by working collaboratively with partner organizations and agencies.  Please contact Brent Hugh at missouri@saferoutespartnership.org to express your interest in attending our kick-off telephone meeting on January 26th at 9:30 a.m.  We invite government agencies, policy makers and non-profits from around the state working on health, equity, transportation, youth, environmental and smart growth issues to join us.

Robert Ping, State Network Director for the Safe Routes to School National Partnership says, "The State Network Project has been very successful in bringing together partners to change state level policies that are resulting in opportunities for more children to walk and bicycle to schools safely.  We're honored and excited about expanding this project, and the impact that it will make towards the goal of reversing childhood obesity by the year 2015.  We encourage state agencies, policy makers and non-profits to join us in launching this new project."

The Missouri Network
A wide variety of organizations and agencies interested in promoting fitness and health for school children helped and supported Missouri's application for the State Network Project, including:

 * Missouri Department of Transportation, Office of Highway Safety, Safe Routes to School Program
 * Missouri Bicycle & Pedestrian Federation
 * Missouri Foundation for Health
 * Incarnate Word Foundation
 * U.S. Department of Health and Human Services' Region VII Office of Minority Health
 * Missouri Department of Health and Senior Services
 * Department of Elementary and Secondary Education
 * Bridging the Gap, Kansas City
 * PedNet Coalition, Columbia
 * Trailnet, St. Louis
 * Urban Kansas City Community of Cycling
 * Missouri Convergence Partnership
 * Transtria, St. Louis
 * Missouri Council for Activity and Nutrition
 * Missouri Park and Recreation Association
 * University of Missouri Extension
 * KC Healthy Kids
 * Missouri Coordinated School Health Coalition
 * Let's Go KC
 * St. Louis Regional Bicycle Federation
 * Ozark Family Resource Agency
 * Ozark Heart Health Program
 * Truman State University Bicycle Co-Op
 * Greater St. Joseph Area MPO
 * Mid-America Regional Council
 * A number of individuals and elected officials, including Mayor Darwin Hindman of Columbia and Representative Jeanne Kirkton of Webster Groves

Additional funding in support of the Network has been pledged by the Missouri Foundation for Health, the Incarnate Word Foundation, the Regional VII Office of Minority Health, U.S. Department of Health and Human Services, and the Missouri Bicycle & Pedestrian Federation.

"The response from agencies and organizations from around the state who want to work together to make bicycling and walking better and safer for Missouri children is just amazing. The state network is a great opportunity for organizations from around the state to work together with state and federal agencies like MoDOT, which is investing millions of dollars in better infrastructure around schools under its own Safe Routes to School program," says Brent Hugh, State Network Organizer for Missouri.

"We have the chance to make a real difference in the health and safety of Missouri children."

To find out more or to get involved in the Missouri Safe Routes to School Network, just email missouri@saferoutespartnership.org.


2010-2011 State Network Project Participants



Comments: No comments on this article yet - what's your opinion on this article or topic?

Hearing Feb 5th for driver who seriously injured bicyclist & fled
posted by Brent Hugh at 1/07/2010 03:20:00 PM
Russ Willis, formerly of the St. Louis Regional Bicycle Federation and now living (and bicycling) in Portland, writes about a driver who seriously injured a bicyclist, fled the scene, was put on probation, and has now broken the terms of the probation.

The driver now faces a hearing at 9 a.m. on February 5, 2010 on the sixth floor of the Civil Courts Building, 10 North Tucker, St. Louis.  Willis and advocates in the St. Louis area are working to get a group of bicyclists to attend the hearing.

Here are the basics of the case as summarize by Willis:
when i left st. louis to move to portland almost two years ago, there was at least one item still on my advocacy agenda there left unfinished.

on monday evening, january 28, 2008 at about 5:40 p.m. a motorist ran a red light at the intersection of broadway and cole, just north of downtown, and took out a guy on a mountain bike.

and fled the scene. . .

bond was reset at $20k cash only, and a second warrant was issued. trial was set for march 23, 2009. the prosecutor's office assigned a different lawyer to the case, a guy named luke anthony baumstark. on the day set for trial, rose's lawyer told the court his client wanted to plead guilty. the matter was assigned to judge margaret m. neill.

two days later, rose pleaded guilty to leaving the scene, a class d felony, maximum four years prison, $5k fine. judge neill suspended execution of sentence and put him on probation, subject to a requirement that he "obtain and maintain verifiable full time employment." she gave him credit for time served and ordered him to pay $46 to the victims compensation fund. presumably the prosecutor, baumstark, agreed to all this.

of course, full time employment is not all that easy to get and hold in the current economy, and on november 5, papers were filed with the court alleging that rose had violated the terms of his probation. bond was set at $1k cash. rose was re-arrested on december 11.

on december 17, judge neill entered an order reducing the bond to $300 cash, and this was promptly paid by someone named janet wright. so rose is out again, facing a pretty hefty sentence, and with only $300 at stake if he goes to ground.

a hearing the probation revocation is set for nine a.m. february 5, 2010 on the sixth floor of the civil courts building (the older one, with the pyramid on top). needless to say, i cannot be there, but it might be good to have some transportational bicyclists visibly present in the room and to have some public statement distributed beforehand.
 Read the full article for the full details--because there are many, many more.
Comments: 3 comments on this article
r. willis wrote: 01/23/10 05:24pm • 97.115.11.17
update/correction:

apparently the unrelated charge on which Rose was arrested while there was a warrant out on him for the hit and run was burglary. i will have to change some of the text on my blog.

this from the Alton Telegraph, May 28, 2008:

ALTON - A 38-year-old East St. Louis man faces a felony charge of residential burglary.

Levelle C. Rose, of the 300 block of North 29th Street, was charged Wednesday in Madison County Circuit Court.

On May 6, deputies from the Madison County Sheriff's Department responded to a home in the 4100 block of Fosterburg Road, Alton, in reference to a reported residential burglary. Upon arrival, deputies spoke with the occupants of the residence, who advised that someone had entered their home on the previous date, while they were working in their garden, and stole some collectible coins, jewelry and U.S. currency.

On May 12, deputies from the Macoupin County Sheriff's Department stopped a vehicle being driven by Rose on Fosterburg Road. The deputies arrested Rose on an unrelated outstanding warrant. During a search incident to the arrest, deputies located numerous collectible coins in Rose's vehicle. Madison County sheriff's deputies and investigators responded to the scene and aided in the investigation.

Through investigative efforts, officers were able to link Rose to the May 6 residential burglary in the 4100 block of Fosterburg Road. Rose was taken into custody by Madison County sheriff's investigators and was held at the Madison County Jail, pending review of the facts by the Madison County State's Attorney's Office.

The warrant was signed by Circuit Judge Charles Romani Jr., who set bond at $100,000.

http://www.thetelegraph.com/articles/alton-14499-block-w ednesday.html

Web link: http://taking-the-lane.blogspot.com/
r. willis wrote: 02/06/10 06:53pm • 97.115.17.236
the hearing has been postponed to february 19, again nine a.m.

Web link: http://taking-the-lane.blogspot.com/
r. willis wrote: 03/10/10 08:15pm • 97.115.21.134
http://taking-the-lane.blogspot.com/2010/03/followup.html

Web link: http://taking-the-lane.blogspot.com/

Bike/ped access for new Washington, MO, river bridge?
posted by Brent Hugh at 1/06/2010 07:27:00 PM
Tour of Missouri racers cross the Washington, MO, Missouri River Bridge

One of the goals of MoBikeFed's Vision of Bicycling and Walking in Missouri is to connect all nearby communities to the Katy Trail network.

Missouri has made some real progress on this front, with a Missouri River crossing at St Charles completed in the 1990s, the bike/ped connection to Hermann completed recently, the bike/ped connection to Jefferson City funded and nearing final design, and the Department of Natural Resources working on the connection between the Katy Trail and the Kansas City area.

One of the biggest missing pieces is the Missouri River bridge at Washington, Missouri.

As with Hermann and Jefferson City, the Katy Trail is north of the river while the main center of population is south of the river. In Washington, an old, narrow, two-lane bridge is the only way to cross the river.

Recently the Missouri Highway 47 Bridge Committee gave a presentation to the Washington, Missouri, City Council. The committee's goals for the bridge include bicycle and pedestrian accommodations.  They are aiming for a 10 foot separated path on the bridge, which is the recommended minimum width for a path on new construction.

The main deck of the bridge would be 48 feet wide, enough to allow for four twelve foot lanes.  Initially the bridge would likely be set up with two lanes.

The Missourian has an article with more details.  That article mentions that one option is to build the bridge wide enough for four lanes of motor traffic but configure it to carry two lanes plus a 10-foot separated bicycle/pedestrian path.  If the bridge is re-configured for four lanes of motor traffic at a later date a ten-foot extension could be added to hold the bicycle/pedestrian path at that time.

They are hoping the bridge can be replaced within the next ten years.

More details and information about the Washington bridge project:

Comments: No comments on this article yet - what's your opinion on this article or topic?

AASHTO lists livabilty as one of its Top Ten Transportation Topics of 2010
posted by Brent Hugh at 1/05/2010 04:50:00 PM
AASHTO--The American Association of State Highway and Transportation Officials--has issued a press release naming "creating livable communities as one of its top ten transportation topics of the year.

To have AASHTO--which bills itself as "the 'Voice of Transportation' representing State Departments of Transportation in all 50 states, the District of Columbia and Puerto Rico"--list livability among its top areas of interest shows just how far the the national discussion in this area has come.

America's transportation policy affects our way of life--everything from neighborhood livability, urban planning, and suburban sprawl--but usually policies, budget, and projects go forward with very limited or no awareness of the effect they have on communities the surround them.

The AASHTO press release says:
As America enters a new decade, what will be the buzz about transportation? Clearly a safe, efficient, and viable transportation network should be at the forefront of issues facing policymakers at all levels of government and in all areas of our society in the coming months. . . .

10) Creating more livable communities
The Administration has made livable communities a key aspect of their agenda. In June of 2009, EPA, HUD and USDOT entered into a Sustainable Communities Partnership to help improve access to affordable housing, provide more transportation options, and lower transportation costs while protecting the environment in communities nationwide. Efforts by state DOTs in the coming year will include building transportation enhancement projects such as bikeways, pedestrian walkways, historic restoration and beautification projects; improving metropolitan mobility; ensuring more transit services are available in rural areas and to serve aging populations; and adding capacity to our transportation network to reduce congestion and the amount of time commuters, truckers and other drivers are stuck in traffic and so have more time with their families.
Read AASHTO's complete list here.
Comments: 1 comment on this article
Jack wrote: 01/07/10 08:53am • 24.107.154.2
Right so who do you call when the DOTs fail to deliver on their promises? SprawlBusters? Concrete-Hating Ninjas?

As you well know MoDOT made the same promises about supporting cycling and walking at their website but the New 64 in St Louis permanently eliminated pedestrian walkways such as pedestrian bridges and expanded arterial roads to increase traffic speeds. The act of closing the highway for expansion led StL County to narrow lanes on other roads to carry more traffic and eliminate shoulders used by cyclists.

Neighborhoods that use to be walkable have been transformed to increase auto dependencies.

Anti-bicycling mayoral candidate announces in Columbia
posted by Brent Hugh at 1/05/2010 12:29:00 PM
Mayor Darwin Hindman rides his bicycle most everywhere he goesWith Columbia's longtime mayor Darwin Hindman announcing he will not run for another term, a variety of candidates have shown interest in running for the position.

With Columbia playing a leading role in Missouri and the nation on bicycling and walking issues, such as creating trail and on-road systems, Safe Routes to School, promoting bicycling and walking, and focusing on bicycle and pedestrian education, bicycle and pedestrian issues are bound to come up in the election.

One of the first candidates has jumped right in with an anti-bicycling platform:
Mike Yoakum . . . a Columbia College senior and chairman of Columbia's Substance Abuse Advisory Commission, has announced his candidacy for mayor of Columbia on Facebook.

Though the Facebook page is light on details, it intimates that Yoakum is running partly because he objects to the increasing focus on PedNet and bicycle-related issues. "Mike Yoakum for Mayor: Because most Columbians drive cars and not bikes," the page reads.
You can have a look at Yoakum's campaign Facebook page here.
Comments: No comments on this article yet - what's your opinion on this article or topic?

Send a comment in support of the proposed bike/ped bridge over the Missouri River in Jefferson City
posted by Brent Hugh at 1/03/2010 12:22:00 PM
MoDOT is asking for public comment on the proposed bike/ped bridge over the Missouri River in Jefferson City.

Even a short note saying you support the project would help a lot!

Email comments@modot.mo.gov by Monday, January 4th.

MoDOT has put online materials from the recent public meeting about the bridge attachment. You can see the plans and visualizations of the proposed path.

The path has been over ten years in the works. And if you have ever wanted to bicycle or walk from the Katy Trail across the river to Jefferson City, where all hotels, restaurants, and other services are located, you know it is very much needed and will be very well used.

Creating safe ways for bicyclists and pedestrians to cross major barriers like the Missouri River and connecting Missouri communities to the Katy Trail network are two of the major goals in MoBikeFed's Vision of Bicycling and Walking in Missouri.

Proposed bike/ped path over the Missouri River at Jefferson City
Comments: 2 comments on this article
Marcos wrote: 01/03/10 01:33pm • 205.147.97.68
What about a bike lane to these places? It's not safe getting from the bridge to the capital building, much less anywhere else.
Brent wrote: 01/03/10 03:14pm • 68.94.167.100
Actually they're working on trail connections between the bridge and the capitol area. You can see the greenway map on the link below.

However you're quite right that Jefferson City doesn't have any kind of on-road bicycle plan (that I know of) and that is certainly a step the city needs to take.

Web link: http://www.jeffcitymo.org/parks/greenway.html

Missouri property owners should clear sidewalks of snow--local TV station gets it wrong
posted by Brent Hugh at 1/03/2010 02:40:00 AM
Icy sidewalk by MBK (Marjie) on FlickR
A recent report on Fox4KC claimed that "In Missouri, if you clear your walkway and someone falls, you could be at more risk of being sued than if you just left it alone."

In short, Fox4 is wrong for these reasons:
  • Most Missouri cities require property owners to clear public sidewalks--those on the public streets alongside their property--within a reasonable time after snow or ice storms are over.
  • So the statement Fox4 quotes applies only to interior sidewalks--for instance, the sidewalk leading from a store's parking lot to its entrance, or the sidewalk leading from the street to your front door.  But even for those sidewalks:
    • If you exercise reasonable care when cleaning the snow and ice, you will have no additional legal liability. 
    • You can indeed open yourself to additional risk of being sued by being stupid/careless when clearing the ice and snow--for instance, by clearing an area, leaving a flat sheet of ice, and then not putting down any sand or salt on it.  Simple solution: Don't be stupid or careless. Just do an ordinary, decent job of it and all is well.
    • Property owners have an obligation to clear walkways they know people will use within a reasonable time once a snow or ice storm is over.  In other words, "just leaving it alone" is, in fact, what opens property owners to lawsuits.
Read on for all the details and sources of the information in the above summary.

More at risk--or less--if you clear your walkways?
The law being the law and the courts being the courts, the situation is a little more complex than we would like.

But given that caveat--which would apply to any legal matter with numerous court cases behind it--Fox4 managed to spin this pretty much 100% wrong.

Of course you could be more at risk of being sued if you clear the walkways, particularly if you go out of your way to be especially and unusually stupid and dangerous in the way you do it.

But this summary of the Missouri law and legal precedents provided by the Missouri Bar Association makes it perfectly clear that:
  • Property owners who exercise ordinary care in clearing sidewalks and walkways are, in general, not any more liable for injuries than those who do nothing.

  • No one is required to go to superhuman efforts to remove every bit of snow or ice while a snow or ice storm is underway.

  • But once the storm is over, if you don't make reasonable efforts to clear areas you know people will use, your liability increases.
In short, you don't have to keep walkways clear during a storm (though nothing is stopping you from trying, if you like), but you should clear them within a reasonable time afterwards. You don't have to clear every single walkway but you have to make some safe way for people to get to the places they need to go.

And you have a duty to exercise reasonable care when you clear the walkways--for instance, not leaving them more dangerous when you're done. If you follow the same general procedure most people do when clearing snow or ice--shoveling a path through the snow as well as possible given existing conditions and spreading some salt or anti-slip material on any remaining ice--you're good.

Doing that will reduce your liability--and failing to clear that snow and ice definitely will increase your liability.

Again, don't take my word for it.  But if you don't, please read with extreme care the Missouri Bar Association's summary of Missouri court cases on the subject, which I've summarized above.

Requirement to clear public sidewalks in most cities
The above points apply to sidewalks within a property--for instance, the sidewalks and walkways leading from a
store's parking area to its entrance.

For public sidewalks along the street, another consideration applies:
  • Most Missouri cities (and most cities across the nation) require property owners to clear the public sidewalks on or adjacent to their property within a reasonable time after snow or ice storms.

  • A Missouri high court ruling from 1928 upheld the constitutionality of the laws requiring property owners to clear their sidewalks.
For instance--
Section 24-12 Cleaning sidewalks. 
All persons are hereby required to keep the sidewalks in front of, or adjacent to, the property or premises owned or occupied by them or under their control, within the city, clear and free from rubbish, filth, refuse, dirt, snow, ice and from any and all obstructions and dangerous agencies of every kind and description whatsoever; and any person failing to observe the provisions of this section shall be deemed guilty of a misdemeanor.
Sec. 64-246. Removal of ice or snow.
It shall be the duty of all persons owning or occupying any real property, fronting upon any street, boulevard or highway, to remove from the sidewalks in front or alongside of such property all ice and snow within a reasonable time after cessation of a storm depositing such ice or snow. The provisions of chapter 62, article III, pertaining to littering, and penalties for violations thereof, shall be applicable to violations of this section.
11.18.210 Snow removal.
After any fall of snow, owners, managers, agents or occupiers of any premises shall cause the snow to be immediately removed from the improved area of the sidewalk in the public street adjacent to such premises, and the improved area of the sidewalk shall also be kept clear of ice at all times. If no part of the sidewalk area be improved, then a lane five feet wide in the sidewalk area shall be kept free from snow and ice at all times. Where structures contain six or more units, it shall be the duty of the owner or agent of the owner to comply with this provision. Where structures contain between one or six units, it shall be the duty of the person occupying the units nearest the public street, as well as the owner or agent of the owner, in-volved to comply with the requirements of this section. (Ord. 56726 § 1 (part), 1974: 1960 C. § 805.210.)
302.3 Private property areas. 
All sidewalks, steps, driveways, parking spaces and similar paved areas on private property shall be kept in a proper state of repair, free of all snow, ice, mud, overhanging trees and shrubs which obstruct walkways, and other debris and shall be maintained free of hazardous conditions. If any sidewalk or driveway or portion thereof on private property by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk or driveway or portion thereof shall be replaced. Steps shall comply with the requirements for exterior stairs.
Again--some cities may not have the requirement to keep sidewalks clear, but most do.

You can find the requirements for your own city by searching the city code section of your city's web site or calling your city hall.

Who uses those sidewalks?
In the meanwhile--clear your sidewalks! It's no more difficult than clearing your driveway and yes--lots of people do walk on those sidewalks all winter long.

I've been walking all over Raytown the past week or so and pretty much every (completely snow covered) sidewalk I've been on has had tracks.  People do use them, even in the dead of winter.

And when the snow is this deep, probably 10 people walk in the street--where the snow has been cleared--for every one who struggles through the deep snow.

As the St. Joseph News-Press wrote:
. . . sidewalks are often used by senior citizens, children and people with special needs . . .
Those people--people without a driver's license--make up more than 30% of our population and 16% of adults. When the sidewalk is impassable, those folk end up walking in the street--and that's not good for anyone.

It's just not that hard to shovel it by klmontgomery in FlickR

Comments: 7 comments on this article
Rob wrote: 01/03/10 01:28pm • 69.81.126.196
In general, that sounds like a good idea...but I look at my neighborhood and very few of the sidewalks have been cleared. As for "no more difficult than the driveway"...well, that is a completely fallacious statement--in that the area of the sidewalk can be almost equivalent to that of the driveway (in my case, anyway...thus it is a HUGE additional effort. Given that very few people are out on the sidewalks in the neighborhood and very few have been cleared...plus anyone who is actually out walking in the snow will almost certainly be wearing boots adequate to climb over the snow banks from the plowed streets (that keep growing every time the plows go by)...I'm not sure the extra work is truly worth the effort. Given the low traffic volumes in my residential area, anyway, walking in the street isn't much of a risk--and my guess is that the time it would take me to shove <10% of my sidewalk would exceed the amount of usage by an order of magnitude. Maybe it's just an excuse...but I honestly haven't seen many (any) people out & about. I rode my bike 2 miles to church this morning and it would kinda have been nice to have a wonderfully clean sidewalk to use along a major arterial road--but I sure understand why even that one wasn't clear (the snow from the road pretty much had it buried several feet deep...). While I understand the need to keep sidewalks clear in business districts and other places where they will truly be used, asking much more seems like mis-spent idealism to me.
Brent wrote: 01/03/10 02:37pm • 68.94.167.100
Like a lot of things in Missouri, it's a cultural thing to a large degree.

I can tell you that in places I have lived where the majority of people cleared their sidewalks (most of those places have a lot more annual snowfall than MO does), plenty of people did indeed use them.

It's that downward spiral we've been in, that is so self-perpetuating--"Well, nobody else is clearing it, so there is no reason for me to, and besides, no one uses the sidewalk anyway . . . ". Of course the reason no clears the sidewalk is "no one else does" and the reason no one walks on it is none of the sidewalks are cleared.

Somehow we have to break out of that self-perpetuating cycle.

The only thing I can say for certain is lots of areas around the country take care of their snow-covered sidewalks and it really does work.
Rob wrote: 01/03/10 02:59pm • 69.81.126.196
Thoughts...

1) Anywhere there's "a lot more snow" than here, most folks have snow blowers...a good snow blower makes clearing 15" of snow easier than shoveling 2" by hand.

2) In many communities where they get a lot more snow, there are a lot more people who will get out and about in the snow. I seriously think that if I spend an hour and a half shoveling my 50' or so of sidewalk, 1-2 people MIGHT walk by it in the next week. Since none of the sidewalks within several houses in any direction are shoveled (folks are barely getting their driveways cleared), I doubt anyone would actually use my section of sidewalk...and even if the sidewalks were all clear, it wouldn't increase the number of people out & about in my neighborhood by much at all. On really nice days, I'll see some folks out...but not so much any other time. As for me, if I feel like going out, snow on the sidewalk won't make a lick of difference...

I don't see it as a "downward spiral" at all. I think shoveling a foot and a half of snow off miles of residential sidewalks is an idealistic waste of time...helps create an idealistic, pretty, 1950's "perfect" neighborhood--that nobody will use or care about (beyond aesthetics of "how pretty and neat it looks")...

I need some proof that the effort it takes for me to shovel the snow off my sidewalk will honestly, realistically result in enough usage that wouldn't otherwise happen to make it worthwhile...aesthetics don't cut it. I'm thinking it would take me over an hour to shovel the snow...just to break even on my labor, that's probably 80 people. I don't expect I get 80 people on my sidewalk in 2 weeks during ideal weather!
Angela wrote: 01/03/10 05:17pm • 173.26.236.86
Rob missed the point of the article. Even his liability will be affected by whether or not he clears his sidewalk. It doesn't matter if 80 people or 1 person walk on his sidewalk, or if none of his neighbors cleared their sidewalks. It only takes 1 person to slip and fall on Rob's uncleared sidewalk, and he is liable.
Rob wrote: 01/03/10 05:50pm • 69.81.126.196
I didn't miss the point at all. The article discusses liability...but there first must be some REAL, DEMONSTRABLE injury related to improperly cleared sidewalks before there can be ANY liability. In my neighborhood, there has been NO sidewalk usage--thus, there cannot be liability. So, my point is about the rationality of the shoveling requirement, based upon usage which is a key requirement before liability is even an issue to discuss. Nobody is even walking anywhere near my sidewalk. Also, there really is better traction on the snow covered sidewalk--I have about an inch of frozen sleet glued to the sidewalk which likely covers a slick coating from the rain that preceded the sleet and snow. The sleet and ice is very difficult to get off the sidewalk and is extremely slick, once I clear 10-20" of snow off the top of it!

Also, as for legalities, laws should be supportive of rationally thought out and justifiable needs. If the laws require things that are useless, then they can (and should) be changed.

Mostly, can ANYONE provide any type of information that can come close to justifying any legitimate value for shoveling residential sidewalks...and I mean REAL value, not hypothetical ("Oh yeah, the sidewalks should be shoveled" doesn't cut it...more like a statistically valid study that shows that, in MY AREA, 80 or more people really WOULD use a cleared sidewalk that wouldn't otherwise--or some proof that a virgin-snow/sleet covered sidewalk really would result in serious injuries that exceed the statistical number of injuries caused by the shoveling itself). I really would like to see some facts instead of hyperbole...

Thus far, there's been a lot of talk about aesthetics, liability, and laws--and absolutely not a shred of evidence for actual need or benefit.

And, despite my strong support for bicycle accommodations, I also feel they should be justifiable and based on a realistic benefit. I often feel that means something of broader, shared benefit (e.g., wider shoulders, safe drainage grates, etc.) that improve general road safety and/or can be done at minimal to no extra cost--versus expensive, dedicated facilities.
Brent wrote: 01/04/10 11:29pm • 68.94.167.100
I agree with Rob that it is hard to justify the effort on a low-traffic street--especially when the street is low-traffic enough to make easy to just walk in the nearby street. You're not really denying anyone access there.

I agree with Angela that the main thrust of the article above is the legal/liability side of the situation (which I think we need to clarify based on some fairly silly things lawyers are apparently telling their clients) but I agree with Rob that what we at MoBikeFed are mainly concerned about are issues of access where needed and not liability per se.

(BTW I appreciate all the thoughtful comments above--they have really helped clarify my own thinking on this issue.)

Here is the counterpoint to Rob's situation, where he lives on a little- traveled street where it seems ridiculous to clear sidewalks (the few people who want to walk there can easily walk in the street, which is going to be cleared anyway):

A few of my recent walks have taken me in the direction of Blue Ridge Blvd in Raytown. This is one of our main streets, has moderately heavy, steady, but not-too-fast traffic, and sidewalks on both sides.

I walk, bicycle, and/or drive there pretty much every day and pretty much every trip you see multiple people walking or biking there.

So it definitely has well over 80 people per day passing by--even in colder weather.

I'd recently driven the route and noticed no sidewalks had been cleared. But when I was walking that way I thought I'd try it for a while anyway.

Booted up to the max, as Rob points out, and out for a bit of exercise so I'm not averse to slogging it through some really deep or difficult stuff that most people wouldn't really want to try.

The first thing I notice is I'm not the first--despite the cold, the piles of snow and hardened slush from the snowplows, there have been people trying to walk through here.

And I tried, too--but after a couple of blocks I gave up and headed for some side streets.

The sidewalks themselves were just too deep, rough, and uneven.

Normally I would just walk along the side of the (snowplowed) road but Blue Ridge just has too much and too fast traffic for me to feel comfortable doing that.

So here you have the main, through road that has well more than enough foot traffic to justify clearing the sidewalks, and still nobody has bothered.

(I will say we drove that way again today and three or four people had cleared their sidewalks--in about a 2 mile stretch.)

Yes, you can take the quite side streets but those have the disadvantage those routes always do--much longer to get to the same destination, and then you still can't actually get to any destinations. All the destinations are on Blue Ridge, which is why it is a busy streets and these others are quiet.
Brent wrote: 01/04/10 11:35pm • 68.94.167.100
And even worse the Blue Ridge itself is when I got to WalMart.

First off, they are in KCMO where clearing the sidewalks along the street is required--yet there is the long sidewalk, all along the street along this busy commercial area, and not a bit of it is cleared at all.

And yes, there are footprints all along it (there is even a bus stop along this stretch of road--presumably the riders get to disembark and then just plow their way through snow drifts . . . ).

So I walk along the internal sidewalk--again covered with footprints but showing no sign of a snow shovel--and then take the stairs from the upper parking level down to the nearest entrance.

The stairs, too, show many footprints but haven't been cleared at all.

I can see why you wouldn't clear these side and back sidewalks first--but good heavens, this was **ten full days after the main snowfall**.

It's really just neglect, and probably following (bad) advice from their lawyers similar to that outlined in the Fox4 story above.

Yearly reminder--sidewalks must be cleared by homeowners
posted by Brent Hugh at 1/03/2010 01:21:00 AM
I must say on my recent trip to the Chicago area I was amazed--pretty much every homeowner had cleared the sidewalk in front of their property within 24 hours.

Now back in Missouri--not so much.

But it's the same situation in Missouri as in Illinois and pretty much every other community in the U.S.--property owners have the responsibility to clear the public sidewalk on or adjoining their property.

The St. Joseph News-Press had an article highlighting the situation today:
Following the blizzard that hit the city last weekend, piles of snow are still gathered along sidewalks in St. Joseph. While city snow plows and salt trucks cleared the roads, they can’t do the same for residents' sidewalks.

Under City Ordinance Section 25-78, the property owner is responsible for removing ice and snow from his or her sidewalk, unless the city is the owner of it. . . .

Regardless, snow on sidewalks can still pose a threat to walkers. Heartland Regional Medical Center reported that during the snowstorm, its emergency room treated 18 people suffering weather-related injuries, including those from car accidents, falls on ice and snow, and back injuries from snow shoveling and sledding accidents. . . .

Mr. Woody said crews were working diligently on sidewalks where they were required to perform maintenance, and he hopes others will do the same to their property.

"It is an obligation of the property owner to clean it themselves," he said. "It's a private responsibility."
Comments: 1 comment on this article
Rob wrote: 01/03/10 01:32pm • 69.81.126.196
See my comment at the end of this post: http://networkedblogs.com/p22945258


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