Politics, city services, and sidewalk clearing

Here’s another interesting item I found while scrounging around in old [Lansing] State Journals, this one from January 26, 1947. It’s a front page, leftmost column titled “By the Way.” (The main headlines that day were “Liquor Board Shakeup Seen” and, just under it, “‘Scarface’ Al Capone Dead,” and much as it is tempting to put the two together, they are unrelated events.)

Here is the column in its entirety:

Lansing city officials and aldermen who nave had long experience in municipal government affairs have about come to the conclusion that citizens are willing to pay more taxes if they receive a fair return in services they demand. The old logic of municipal authorities, which largely holds true today, is that the budget should be pared to the bone, so to speak, to keep taxes down and the taxpayers happy. However, with fast changing times this thought is rapidly giving way to a reversal of the old logic. Officials are finding that citizens demand only the best with cost a secondary matter. Prime example of the new thought trend is a demand for quick service by the public works department in clearing the streets of snow and caring for icy streets In winter months. The average citizen wants his street and sidewalk plowed out within a couple of hours after a snowfall. With present equipment this job takes from 24 to 36 or more hours. It is a physical impossibility to complete the work in less time. Budget-minded officials, seeking to save the taxpayer added costs, takes a “beating” in complaints from citizens. These questions therefore present themselves to the aldermen and department heads: Should several thousand dollars more be Invested in additional snow removal equipment which is used relatively few times during the year in this work? Would the taxpayer be willing to pay a little more to get this “deluxe super-service?” Officials think the citizens would pay more, but harbor the fear of scathing criticism which comes after Mr. Citizen gets his new tax bill. Such services cannot be added or enlarged without additional expense. Aldermen know this and hesitate to take any action until they know just “how much” each project will cost. Additional employes, maintenance and numerous other items must be considered, because these must be paid through future years. Small pressure groups have little success in “bulling” their pet projects through the city council, but city-wide sentiment favoring some particular service or project is sure to receive serious attention and most likely, favorable action by the aldermen. 

I didn’t realize I was reading the news organ of Bizarro Lansing. “Citizens demand only the best with cost a secondary matter,” you say? That must be nice. More to the point of this blog, though, is this: “The average citizen wants his street and sidewalk plowed out within a couple of hours after a snowfall.” That evidently means that the city used to clear sidewalks instead of having a useless and nearly unenforced ordinance requiring residents to do it themselves (eventually). I now really want to know when that changed.

Regent St., Cantu & Sons, date obscured

As has been noted here before, I like the way that sidewalk stamps lend texture to the snow when it has freshly fallen on the sidewalk. So, since it was too snowy to find anything interesting tonight, enjoy a couple of glamour shots. No doubt this is a Cantu & Sons stamp, probably from 1987 or 1988, but I didn’t want to disturb the snow to find out. This is from the east side of Regent Street just north of Kalamazoo.

The City Code on Sidewalk Clearing

This wasn’t a good night to hunt sidewalk stamps because so many sidewalks were covered in snow and ice. The ice is the worst, but that’s inevitably what the snow becomes, left long enough. Last year I slipped on an icy walk and fell flat on my back without a chance to brace myself. I cracked my head so hard that my extremities went numb and I had to lie there for a few minutes, so I have gotten very gunshy about icy sidewalks and very judgmental of people who leave them that way.

So, today’s entry is the city code on sidewalk clearing.

1020.06. – Snow and ice.

(a) No person shall permit any snow or ice to remain on any public sidewalk adjacent to any house, building or lot owned or occupied by that person, or on the public sidewalk adjacent to any multifamily dwelling or unoccupied house, building or lot owned by that person, for more than 24 hours after the same has fallen or formed. The property owner, as used in this section, shall be the owner of record whose name appears on the City’s property assessment records.

(b) No person shall place or cause to be placed ice or snow upon a right-of-way so as to impair vehicular or pedestrian traffic.

Codified Ordinances of Lansing, Michigan, part 10, Street and Sidewalk Areas

Note the 24 hour rule in (a). They used to give you 24 hours after the snow had stopped falling, but several years ago this was changed to 24 hours after the snow starts. This is because we had a year so snowy that a few times it essentially fell continuously for days, leaving them unable to cite people who left it to pile up on the sidewalk.

Part (c) just gives the penalties for violations, and that’s long and dull, so I’ll skip to (d):

(d) It shall be the duty of the Public Service Department to give general notice to every owner, possessor or occupier of land and every person having charge of any land within the city by publication at least once in a newspaper of general circulation in the city of the requirements that (1) property owners must remove snow or ice from a public sidewalk as stated in subsection (a); (2) causing ice or snow to be placed upon a right-of-way so as to impair vehicular or pedestrian traffic is prohibited as stated in subsection (b); and (3) the city may remove or cause to be removed the snow or ice and the property owner will be assessed the City’s removal cost, including an administrative fee, as established by resolution from time to time as stated in subsection (c). In addition to this published notice, the Public Service Department shall give notice to every owner, possessor or occupier of land, and to every person having charge of any land within the city by placing a posting on the property at least 24 hours after snow or ice has fallen or formed. said posting shall include at minimum the following provisions: [recap of the rules and penalties, plus the date and time the snow violation notice was posted] … The failure of any person to receive the notice shall not affect the validity of any action taken under this section.

Codified Ordinances of Lansing, Michigan, part 10, Street and Sidewalk Areas

Part (d) is the part that the local alt-weekly the City Pulse probably loves, since they seem to have ended up as the paper of record for legal notices that have to be published in a general circulation newspaper. I guess they’re cheaper than the Lansing State Journal.

On to enforcement:

(e) Any person in violation of subsection (a) or (b) of this section shall also be responsible for a municipal civil infraction and may be fined in accordance with Section 203.06 of this Code. For purposes of establishing civil fines, all public sidewalks and rights-of-way shall be divided into two tiers, as follows:

(1) Tier one shall be every public sidewalk adjacent to a roadway with a speed limit of 30 mph or more.

(2) Tier two shall be all public sidewalks which are not tier one.

(f) A police officer or duly authorized agent of the City shall issue a snow violation citation to the occupant or owner of any property in violation of this section.

Codified Ordinances of Lansing, Michigan, part 10, Street and Sidewalk Areas

It’s interesting to note that failure to clear the sidewalk apparently results in a higher fine on a street with a speed limit at or above 30. I suppose that’s because the hazards to pedestrians from having to divert into the street become higher.

Finally, my favorite part:

The Director of Public Service shall designate personnel to be authorized to enforce this section. After such authorization, each designated person shall subscribe to an oath and place the same on file with the City Clerk. The oath shall be in substantially the following form:

“I do solemnly swear (to uphold the Constitution of the United States, and) that I will faithfully discharge my duties in enforcing the provisions of Section 1020.06 of the Codified Ordinances of the City of Lansing.”

Codified Ordinances of Lansing, Michigan, part 10, Street and Sidewalk Areas

That’s right, anyone deputized to post a snow violation notice on your door is supposed to be made to swear to uphold the Constitution of the United States. That same language appears in other places in the ordinances that deal with people being deputized for property code enforcement. Fealty to the Constitution really seems to be above the pay grade of a code compliance officer. I do wonder what the meaning of the parenthetical clause is. Is that part optional? If so, why is it here at all?