City changes snow shoveling rules

SANDPOINT —The City Council is ditching a piece of code that could have caused some problems for both the town and its residents.

Although the snow is starting to disappear naturally from sidewalks, council members improved the city’s position for next winter by removing a portion of Sandpoint City Code detailing enforcement mechanisms for ensuring clear sidewalks.

That portion of the city code, known as City Code 7-2-3 Section B, caused two principle problems.

First, council members deemed the enforcement process onerous. Under the specifications outlined in the code, the city has the right to use enforcement measures to ensure that residents keep sidewalks on their property clear throughout the year. However, in the case when home owners refuse to keep sidewalks clear, the city can send staff members over to finish the job themselves and bill the occupant for the time and effort. The fees took the form of a lien against the property in question.

“So if they just say, ‘I really don’t want to shovel my walk. I’ll let the city do it and they can bill me and then I’ll pay them,’ they could do that,” City Attorney Scot Campbell said.

Second, Section B’s specifications also put the burden of ensuring that all sidewalks remain clean on the city’s shoulders. The city can’t realistically devote the staff time required to identify every obstructed sidewalk and clear them. However, if property owners never do the job themselves, it is still ultimately the city’s fault for not sending staff out. That could be problematic, according to Campbell.

“We’re put in a position where if they neglect to or refuse to (remove the snow), we say we’re going to do it, and we don’t,” Campbell said. “I want this removed now just to remove that liability.”

One complicating factor in the equation is the fact that in Idaho, only a sworn officer can level a fine or ticket against an infraction — a restriction not shared by neighbors Washington and Montana. According to Campbell, many city officials from around the state are banding together in the hopes of acquiring that flexibility during the next legislative session.

“Our enforcement job would be considerably easier if we could go out there and put a $25 fine and then a $50 and a $100 fine — a progressive fine system,” Campbell said.