With Snow in Forecast, D.C. Council Stalls on Shoveling Bill

Photo by caryn74

The law, which was proposed by Councilmember Mary Cheh (D-Ward 3), would simply allow the District to more easily write tickets for residents and business that don't clear snow and ice in front of their properties within the first eight daylight hours after a storm. Under the city's existing law, which dates back to 1922, the city has to shovel uncleared walks and then sue the owner to cover the costs of the work. Needless to say, the cumbersome enforcement mechanism has only ever been used once.

During a back-and-forth debate in the council today, various legislators complained that the law would give the District the power to write more tickets than it already does. To others, though, the inability of the city to fine scofflaw shovelers posed a consistent risk to pedestrians who have to navigate icy sidewalks.

After accepting an amendment proposed by Councilmember Jim Graham (D-Ward 1) that would allow for exemptions for senior citizens and the disabled, Cheh fought back against another amendment that would allow residents to pass on shoveling until the road in front of their house or business was similarly cleared. According to Graham, many side roads in Ward 1 are never plowed after storms, and if the city can't live up to its obligations, it shouldn't be able to fine residents for similarly not doing so. (Graham's arguments belied his status as a representative of one of the city's densest and most walkable wards.)

While Graham gained the support of D.C. Council Chair Kwame Brown and councilmembers Vincent Orange (D-At Large), Muriel Bowser (D-Ward 4) and Marion Barry (D-Ward 8), Phil Mendelson (D-At Large) and David Catania (I-At Large) fought back, arguing that residents should not be absolved of responsibility to each other just because the government is slow in clearing side roads.

“At some level, we need to stop this local Tea Party movement in this city that has the government as our enemy," argued Catania, who was first elected to the council as a Republican.

Ultimately, that amendment failed, but only barely -- six councilmembers supported it, while six opposed it.

Another amendment proposed by Orange would have expanded the window for shoveling from eight to 24 hours, but debate on that proposal was cut short when a move was made to table Cheh's bill in its entirety. That motion passed on an 8-4 vote, dealing Cheh a defeat and leaving the stronger snow shoveling bill with uncertain prospects.

Regardless of what the council decides to do, though, it wouldn't be in time for any snow that we might get this winter. Beyond having to vote on a bill twice, Congress would then have the usual 30-day review period to conduct. With that in mind, any potential tickets wouldn't come until the 2012-2013 winter season.