Snow removal on Long Island: What to know about sidewalk cleaning laws after winter storm

Long Islanders cleared their sidewalks of ice and snow this week, obliged by neighborly custom and, sometimes, the law.

Like much else in this land of 13 towns and two cities, the relevant details — residential or commercial property, size of fine, extent of grace and enforcement — depend on the jurisdiction. Most, but not all communities have laws on the books about a property owner or occupant’s obligation to clear "obstruction by snow or ice and icy conditions."

But it seems unlikely that many Long Islanders are facing fines for noncompliance this week after a giant snowstorm left them struggling with a foot or more of snow and possibly more on the way.

None of the officials interviewed said they knew of fines issued since last weekend’s storm, though several said warnings had been given, which could result in fines if property owners don't comply. Some also said they had written tickets in previous winters.

In Hempstead, town code enforcement officers are "monitoring sidewalks," town spokesman Brian Devine said in an email. North Hempstead relies on a combination of resident complaints and inspections.

In Huntington, spokeswoman Christine Geed said that "we don’t have the crew, especially right after a storm," to send code enforcement officers out specifically to look for violations, though they will respond to complaints. The town's approach is tailored, with most enforcement focused on areas where a lot of people walk: "We let all businesses and residents around school know that we’ve got to get the ball rolling [with cleanup]," said Joe Rose, the town’s Code Enforcement Bureau chief.

Officers also respond to "calls from school districts and crossing guards" about uncleared sidewalks, he said. In residential neighborhoods, "it’s mostly the honor system," Geed said.

When it comes to penalties, there is considerable variation. In Brookhaven, a first offense is subject to "a fine not less than $250 and not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or both." A town spokesman did not respond to a request for comment about the magnitude of the possible fine, which appears to be the highest of its kind for a town or city on Long Island. At the low end, violators in Islip are subject to a mere $20 to $250 fine, though jail time is also possible.

Huntington’s approach is nuanced: $100 to $200 for a first offense for properties with up to 100 feet of "sidewalk frontage," but $250 to $1,000 for properties with longer stretches of sidewalk to maintain. Geed said this was a matter of fairness in a town where lot sizes range from modest to gigantic.

"If we were to charge [high-end mall Walt Whitman Shops] $100, it’s not proportionate to residents, and also it’s not going to have as big an impact. They’ll pay that and won’t even bother cleaning the sidewalks," Geed said.

Some towns also have laws on the books that let them simply do the snow and ice removal themselves, billing the property owner for "direct and indirect costs of repairing, removing and/or remedying the condition," as Huntington code puts it. To ensure payment, the town places a lien against the property and collects "in the same manner as real property taxes."

There are exceptions. Smithtown requires owners of commercial or industrial properties to clear their sidewalks, but has no ordinance for homeowners. Shelter Island, East Hampton and Southampton appear to have no sidewalk snow clearance laws on the books. Shelter Island and East Hampton officials did not respond to requests for comment.

In Southampton, no law is needed because, at least for now, Highway Department workers do the job, funded by the $300 to $500 most property owners pay annually in highway taxes, Highway Superintendent Charles McArdle said. But significant sidewalk expansion over the last several years has increased the snow clearance workload for highway workers so much that the practice will likely have to end, McArdle said.

"Everyone thinks they pay taxes and should have every bit of service done, but there’s a point where we wouldn’t be able to manage," he said.

Town leaders are expected this spring to take up new rules putting the responsibility on property owners, perhaps modeling the legislation on Brookhaven’s, McArdle said.

Some municipalities give a grace period before enforcement kicks in. In North Hempstead, property owners must "remove snow, ice, dirt or any other material ... within four hours after snow has ceased to fall," though, as in many towns, "the period between 9 p.m. and 7 a.m. shall not be included in computing such requirements." Babylon also gives four hours; Oyster Bay gives six. In Riverhead, it’s 24 hours.

Once more, Huntington does it differently: 24 hours for residential properties but 12 for commercial. The reasoning is that commercial sites may get more foot traffic from people seeking essential goods and services, and "most commercial properties have property managers" for whom upkeep is part of the job description, Rose said. As for how, exactly, the town determines the time that snowfall ends: most town inspectors live in town and can see when the snow stops. Also, "we’re not counting by the second," he said.

But is anyone actually paying fines for failing to shovel or snow-blow the sidewalk?

Some municipal representatives hedged. Hempstead "takes a compliance-first approach, and we work with homeowners and business owners to make sure their sidewalks are in compliance with town code," said Devine, who added that code enforcement officers found this week that 90% of town sidewalks were in compliance.

City of Long Beach Building Department officers have issued several "notices of complaint" to property owners this week, said spokesman John McNally, but those will result in fines only if "the situation is not rectified or if there are chronic repeat offenders."

In Huntington, Rose said he was unaware of any citations issued for last weekend’s storm, but "every winter we cite people. It’s usually people we warn time and time again, and eventually, we just say, ‘Enough — we can’t keep warning you, we’ve got to issue a summons.'" A typical winter could result in "tens" of summonses, he said.

Huntington officials don’t see themselves as being "in the business of issuing tickets" to property owners, Geed said. "There are snow removal companies out there — we’d much rather you spend the money on that than on a violation." The town’s expectation for its residents and business owners is straightforward, she said: "We’re asking them to be honorable and clean their sidewalks."

Finally: if, in the course of snow clearing, a Long Islander is tempted to throw the stuff into the street, they should not. It makes extra work for plow crews, it's explicitly prohibited in many municipal codes, and their neighbors may give them more than just nasty looks. As Bill Cutrone, president of the Lakeville Estates Civic Association in North Hempstead, told a Newsday reporter this week after seeing snowblowers pointed into the street instead of the lawn: "If I slip and fall because the street was done, and now it’s covered again, or a car slides, they’re going to be held responsible."

Newsday's Joshua Needelman contributed to this story.

By Nicholas Spangler

nicholas.spangler@newsday.comspanglernewsday

Nicholas Spangler is a general assignment reporter and has worked at Newsday since 2010.