The state of New York is known for many things, particularly NYC’s bright lights and bustling streets. The state also gets fairly harsh winters depending on the year. Whether you live in the city or more rural areas of New York, it is important to understand who is responsible for snow and ice removal during the winter months. If you are injured due to winter weather, reach out to a New York injury lawyer to discuss your legal rights and options.
Who is Responsible for Snow and Ice Removal in NY?
Snowfall does not discriminate and will stick to anything and everything. The person or entity responsible for cleaning snow and ice varies depending on the property. For example, in New York, the owner, lessee, tenant, or occupant of a property is responsible for cleaning snow and ice from the sidewalks directly surrounding the property. But what about public roads and other areas?
The Department of Sanitation (DSNY) is responsible for clearing snow and ice from public areas. The department operates on a priority system, clearing main roads and bus routes before moving onto less busy streets and areas. When it snows the DSNY dispatches hundreds of workers who work together to spread salt on streets and plow roads to create passable driving lanes.
Alleyways, private streets, and private parking lots are the responsibility of the owner. Additionally, after snowplows pass through streets they may leave piles that block cars parked on the street. Digging the car out is the responsibility of the owner of the vehicle. According to New York law, property owners must clear snow and ice from their sidewalks within four hours after the snow stops falling or by 11 am the following morning if the snowfall occurs overnight.
What if the Snow Does Not Get Cleared?
If you, as a property owner, do not clear the snow and ice from your property at all or in a timely manner, you can face legal consequences. Homeowners, property managers, business owners, etc. who do not comply or clear their sidewalk can face fines of up to $150 for a first offense and up to $350 for a second or subsequent offense.
If property owners do not comply it creates a hazard for other people. Residents can call 311 or go to www.nyc.gov/311 to make a Failure to Clean Ice/Snow service request to report the property owner. When doing so, ensure that the area you are reporting is a public sidewalk or walkway and that the time period to clear has passed.
For public roads, if the DSNY does not get plowed or salted civilians can file a report using the same methods as above. Icy or snowy roads can cause a serious hazard so it is crucial that the Department of Sanitation works to keep residents safe.
