Council mulls changes to snow shoveling law enforcement

WEST CHESTER » While the groundhog saw his shadow in Punxsutawney, most who have to shovel the sidewalk are hoping that winter is over.

At last week’s work and voting sessions, the full West Chester Borough Council had a chance to consider the way the borough handles snow shoveling of sidewalks following a snowstorm.

West Barnard Street resident Ed Lotkowski has pushed hard for change on the way violations of the snow removal ordinance are handled after he was fined $114.71 for not properly shoveling his sidewalk following a December storm. He received notice of the infraction two weeks later via U.S. mail.

Lotkowski maintains that he shoveled, and does not dispute the fine for insufficient snow removal, but complained about the District Court costs of $89.71 that were tacked on to a $25 borough fine.

The current borough ordinance enacted in 1978 requires a walk to be shoveled within 24 hours, and salted within six hours, after a snow storm ends.

Council Vice President Michael Galey, W3, and most of council, were seemingly in Lotkowski’s corner. The matter was sent back to the Smart Growth committee for more discussion.

“This will be fixed before next winter,” Galey said.

“We will take care of it,” Council President Diane LeBold, W2, said. “We all understand there’s a problem here and we’re going to try to solve it.”

Council members told Lotkowski that the process to change an ordinance includes placing advertisements, discussion, writing of an ordinance and holding a public hearing, before changes can be made.

A suggested ordinance presented by Borough Solicitor Kristin Camp calls for a $20 fine for non-compliance and if the fine is not paid within a week’s time, the fine increases to $30.

A citation would be left at the door, and if a resident does not shovel properly within 24 hours, the court determined fee would increase. The matter would only go to district court if a fine is not paid in a timely fashion or if the walk was not shoveled within 24 hours after receiving written notice

“We will take care of it. We all understand there’s a problem here and we’re going to try to solve it.” — West Chester Borough Council President Diane LeBold

from the borough.

West Union Street resident Jenny Steinen told councilors, at Wednesday’s meeting, that like Lotkowski she had shoveled and only dusting of snow remained on her walk.

After she was found guilty, she filed a summary appeal in the Court of Common pleas. Judge Bret Binder, who also found Lotkowski guilty, told her she should have used a hair drier on the sidewalk to remove the last bit of snow.

Binder now has discretion concerning the amount of the fine, with the minimum fine set at $25, plus court costs.

Councilman Bernie Flynn, W6, said that Binder has recently fined several residents on the south side of Miner Street $100, for a total cost, with court fees, of about $190.

“We don’t have control of the $25 fine, the court sets the fine,” Flynn said.

Lotkowosi has argued in the past that no other municipality in America sends a citation directly to municipal court.

Flynn performed some basic research and explained to Lotkowski that at least three other municipalities in the county send snow shoveling infractions directly to district court.

Enforcement of noncompliant snow shovelers in Coatesville, Honey Brook and Caln all goes directly to court.

Flynn also said that if safety is the issue inspectors should be out on the streets on Saturdays and Sundays. Currently the Codes Enforcement Department doesn’t work weekends.

“If safety prevails they have to work whenever it snows,” Flynn said.

At the February Smart Growth Committee meeting, Councilman Bill Scott, W1, proposed a full moratorium on fines associated with shoveling ordinance enforcement.

“We shouldn’t be enforcing this if we know it’s a mistake,” Scott said.

Council disagreed and enforcement continues.