MANSFIELD, Ohio–The tragic March 2 accident on West Fourth Street in which a pedestrian was struck by a vehicle and a rescuer was killed raised local awareness of winter conditions and sidewalks. Mansfield, like other municipalities, has an ordinance for maintaining sidewalks; and as with other municipalities, it is a difficult one to enforce due to the extensive enforcement area. The safety issue prompted a local response.
Nelson Shogren of RichlandMoves! sent Richland Source the following safety recommendations for motor vehicle drivers and pedestrians:
Large snowfalls and street plows have deposited greater snow amounts on sidewalks forcing walkers to the streets to get to school, work and elsewhere.
- If you are one of these people, please try to wear brightly colored clothing to make yourself seen by approaching motorists. If you are walking at night, dark clothing makes you invisible – wear something white or yellow that can reflect vehicle headlights, or better yet, a reflective vest over that fashionable black jacket. Carrying a flashlight or a runner’s LED flasher will provide additional visibility when walking at night. Following the basic walker’s rule of facing traffic will also provide a greater margin of safety.
- When driving in the winter, please realize that when sidewalks are treacherous, people will be walking in the streets. Driving a little slower in residential areas, school zones and business districts and watching for people walking in unexpected areas will save lives and prevent injuries.
Shogren’s notes concluded, “When walkers take the courtesy to warn drivers of their presence, drivers often return that courtesy by slowing and giving greater clearance when they pass. Two modes of transportation sharing the same street requires showing a little courtesy, and sharing that consideration can save lives.”
United States Postal Service
David Van Allen, a regional spokesperson for the United States Postal Service, forwarded a recent press release asking post office customers to help with the safe delivery of mail by keeping walkways and sidewalks clear from snow and ice.
The article, issued March 4, states, “Letter carriers are instructed to use good judgment, and if a potential hazard exists may hold mail to addresses where ice and snow are not cleared. The Postal Service does not want to inconvenience any customers, but it must ensure the safety of its employees.”
Ordinances, ORC, and the Ohio Supreme Court
City of Mansfield Ordinance 521.06 specifies the “duty to keep sidewalks in repair and clean.” The ordinance states that “no owner or occupant of abutting lands shall fail to keep the sidewalks, curbs or gutters in repair and free from snow, ice or any nuisance. It further states that “whoever violates this section is guilty of a minor misdemeanor.”
The ordinance is not unique to Mansfield. Ohio Revised Code (ORC) 723.011 authorizes municipalities to require that property owners remove snow and ice from abutting or adjoining sidewalks in a timely manner.
While many municipalities specify fines for failing to keep sidewalks clean and in repair, in 1986 the Ohio Supreme Court ruled that residents can comply with municipal codes’ requirements to shovel their sidewalks without assuming liability to others who may slip and fall.
However, the court’s ruling also found that residents may become liable if when they permit or create a dangerous accumulation of snow that results in personal injury to a delivery person or visitor.
In the court ruling, that found in favor of the municipality of Tiffin, the finding also states, “Of course, a different matter arises when an abutting owner or occupier is actively negligent in permitting and/or creating a dangerous or unnatural accumulation of snow and ice.”
