Why are property owners required to shovel public sidewalks in Massachusetts?
BOSTON - Walking on Massachusetts' ice-covered sidewalks has been a challenge this winter.
"I'm kind of walking like a penguin," said one woman sliding alongside Commonwealth Avenue in Boston.
Over the last week, WBZ-TV has been looking into the problem of icy, hazardous sidewalks. Since the start of 2024, hundreds of Boston property owners who didn't clear adjacent sidewalks have gotten expensive tickets. That prompted questions from WBZ viewers.
One asked why taxpayers have to shovel "public property." Another asked the same question: "Why is it the homeowner's responsibility?"
Real estate lawyer Richard Vetstein said property owners could be held liable if someone slips and falls.
"The towns and the cities, they just don't have the manpower. They're busy with the streets, so I don't think it's that much to ask to just go out there with a shovel and, you know, spend the 10 or 15 minutes. Be a good public citizen," he told WBZ.
According to Massachusetts General Laws, cities and towns can put the shoveling responsibility on "the owner or occupant of the land abutting upon such sidewalks."
Some communities, like Framingham, do plow sidewalks themselves. Brendan Kearney, who helps lead the organization Walk Massachusetts, found spots public works crews missed, where a wheelchair would not be able to get through.
"I would probably just go into the street at this point," he said. Kearney believes the best solution is a combined effort where municipalities plow major walking routes, leaving it up to property owners to clear the spots they miss.
Walk Massachusetts also wants state lawmakers to consider more consistent rules. As it is, each community has its own policy, leaving property owners confused.
"It's really about creating safe places and accessible places for everyone to walk," Kearney told WBZ.
For now, lawyers and advocates alike say we all just need to pitch in and do our part to get through the winter.
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