Councilors seeking public input before imposing snow removal fines

LACONIA — Voters can weigh in during a public hearing on Tuesday, Oct. 14, about a proposed change making property owners subject to fines if they failed to remove snow piled on city sidewalks or roads within 24 hours.

City Manager Kirk Beattie said at the city council meeting on Sept. 22 that there were an increased number of scenarios the last few winters where excessive snow was deposited on sidewalks from plowing. He said these are situations where people will plow a driveway, or have a contractor do so, and the snow is left on the sidewalk, causing concerns and difficulties for the city’s sidewalk plowers.

Beattie said the Government Operations and Ordinances Subcommittee heard from Public Works Director Wes Anderson, who said a system of fines could deter this behavior.

According to the city council's meeting packet materials, the subcommittee met on July 11, to discuss the proposed changes to the ordinance related to depositing snow and ice on city sidewalks and roads. The subcommittee recommended the city council approve the change.

Last winter, there were contractors who plowed commercial and multifamily properties and left snow on city sidewalks, according to meeting materials.

“The depth of these snow piles prevented Public Works’ sidewalk tractors from plowing those sidewalks,” the document stated.

The materials referred to an 1898 decision by the state Supreme Court in State vs. Jackman 69 NH 318, which determined it was unconstitutional for municipalities to “compel a person to keep the snow, ice and dirt from the sidewalks in front of premises owned or occupied by them.”

The city's attorney interpreted that this applies to snow and ice from a storm falling on the sidewalk, rather than snow left on a sidewalk by property owners.

Public Works Department staff are proposing the changes to require property owners to remove the snow from city sidewalks or roads within 24 hours of the end of the storm.

The proposal includes three tiers of fines. The first offense would be $200, followed by $400 for the second offense, and $700 for the third offense.

The document states the change should reduce city costs for snow sidewalk removal.

At the Sept. 22 meeting, interim Mayor Charlie St. Clair asked whether there would be warnings, and members of the council said it would depend on the situation. There was some confusion among councilors about whether the fines would be imposed on property owners or contractors, and Beattie clarified, “the way it is written is that the property owner would get the fine.”

Councilor Tony Felch (Ward 6) said it is the property owner’s responsibility to remove the snow, or notify the plow company they use to do so.

St. Clair asked if there is a “cut off point” on the amount of snow where someone would get a fine. Anderson said the biggest issue wasn’t a few inches or even two to four feet, as they can get through it with a plow or sidewalk tractors.

“We had one that was 10 to 12 feet stacked,” Anderson said, adding those are the homeowners who would be seeing fines. “The ones where we have to bring out a big piece of equipment and dump trucks to get rid of it.”

Councilors voted 6-0 to hold a public hearing on Tuesday, Oct. 14, during their regular meeting at City Hall, which is shifted a day later due to the Columbus Day federal holiday.