Bedford Park News

Snow Days

The Do's and Don'ts in Snow Removal

COMMUNITY BOARD

NEWS N’ VIEWS

Father Richard F. Gorman

Chairman

Community Board #12 (The Bronx)

“I will follow a set of deep tracks;

other people all stay hidden

as the cars rest under snow drifts.”

“SNOW DAY” by MATT POND PA

BRONX, NEW YORK, JANUARY 22- MATT POND PA is a New York-based band formed in Philadelphia by singer-songwriter Matt Pond. They have released a goodly number of

songs, some of which became “hits” and several of which have been used

in both films and television commercials, since 1998. Pond has been

the only consistent member of the group, although Chris Hansen is

considered to be the core member of the group. In the studio, they

often collaborate with other musicians, including former members, in

order to achieve their diverse instrumentation and expansive sound. In

recent years, Pond and Hansen have produced their recordings from a

cabin in Bearsville, New York. In November of 2010, their song quoted

above entitled "SNOW DAY" was featured in a commercial for STARBUCKS

for the java giant’s "BUY ONE HOLIDAY DRINK, GET ONE FREE" promotion

and seasonal beverage advertisements.

Although we have kept company with “Ole Man Winter” for approximately

a month’s time, we no doubt have severely felt his lash on a number of

occasions with some real Arctic-type weather conditions that he has

foisted upon us. In my last column, I addressed the bitterly cold

temperatures and offered some suggestions as to how we can remain safe

when the thermometer plummets. This time around, I should like to

remind all about some “do’s” and “don’ts” with regard to snow safety

and snow removal.

The most important “do” or responsibility when it comes to snow

removal is the obligation of a person in charge of any building or lot

-- be that individual the owner, occupant, or tenant -- to clear

the sidewalk of snow and/or ice. Please note that there are specific

times designated for the fulfillment of this legal obligation. One

must clean the sidewalk no later than four hours after the snow has

stopped falling or by eleven o’clock in the morning if the snow/ice

was still coming down after nine o’clock (9:00 P.M.) the prior

evening.

Of course, one might legitimately and sensibly inquire if the

aforesaid duty remains in effect even if the snow or ice becomes so

frozen that it is literally impossible to remove. The answer is that,

in such an instance, the responsible individual may spread sand, salt,

sawdust, cat litter that is clean and unused, or any other suitable

substance on sidewalk instead. However, it must be noted that the

aforementioned time limits still apply and remain in effect. It must

be further borne in mind that, as soon as the weather and other

conditions reasonably permit, the responsible party MUST have the

sidewalk thoroughly cleaned.

These prerequisites of law would appear, prima facie, to be both fair

and prudent. Indeed, they are. They merely remind a conscientious

citizen of his/her obligations as a good neighbor. However, might it

be the case that one seeking to live up to this mandate might not be

able to justifiably undertake and realistically accomplish it?

Obviously, the response is YES! Does this excuse one, though, from

performance of one’s snow removal duty? The reply in this case is

conversely: “CERTAINLY NOT!” If one is ill, infirm, incapacitated or

elderly, the responsibility to clear the sidewalk remains in effect.

Such a person must then engage someone else to take care of matters

for him/her. Is this expectation perhaps too harsh or out of all

proportion? Such does not have to be the case. I shall return to this

point a tad further on.

Other stipulations relative to snow removal come under the “don’t”

category. These, to my mind, are a matter of simple self-interest and

basic prudence even more so than a matter of law. Regrettably, far too

many of our area residents -- and I am particularly embarrassed to

report that there were many of my very own neighbors in Community

Board #12 (The Bronx) who are guilty in this regard -- who

apparently are gravely lacking in knowledge, courtesy, compassion,

self-respect, respect for others, or a proper sense of civic pride and

duty because they DID -- either in ignorance of information or

ignorance that indicates indifference and callousness -- these

“DON’T’S,” -- viz.”: covered and/or left snow-bound nearby fire

hydrants; threw snow back onto streets cleaned by our “STRONGEST,” the

men and the women of our New York City Department of Sanitation

(N.Y.C.D.O.S.); parked motor vehicles at an angle so as to encroach on

the roadway and consequently impede the safe flow of traffic.

To these folks, I merely inquire if they have ever considered the real

possibility of what happens in case of an emergency, such as a fire or

the need of a neighbor for emergency medical assistance. Will fire

fighters be able to connect fire hoses to a hydrant without expending

precious time and wasted efforts? Will an emergency vehicle be able to

get down a street obstructed by an improperly -- and I might add

illegally -- parked motor vehicle? Will I endanger others, including

drivers, pedestrians, and next-door neighbors, and/or their personal

property -- e.g., motor vehicles, fences, homes, and front yards --

by causing streets already cleared by N.Y.C.D.O.S. to be encumbered

once again by mounds of snow or to be imperiled by snow that has

melted and subsequently frozen? Seriously, what is the major mental

malfunction in this regard?

Let’s not waste any more space or energy commiserating the

carelessness hard-headedness and hard-heartedness of the few. Permit

me to speak proactively and constructively to the many by respectfully

suggesting the following: check on elderly, homebound, or handicapped

neighbors in the event of a snow storm in order to insure that they

have adequate heat, food, water, and other necessary supplies;

(picking up from where I left off above with respect to those who

cannot clean their own sidewalks of snow and/or ice) lend a helping

hand to those who cannot clear their sidewalks on their own accord;

throw shoveled snow and/or ice along the edge of the sidewalk or in

one’s front yard and NEVER into a plowed street; be a good neighbor

and a smart person by clearing nearby fire hydrants and sewer openings

of any obstructions; if in doubt or in question, call your Community

Board, dial “3-1-1,” or consult the municipal website, www.nyc.gov.

For those who do not willingly step up to the plate and unfortunately

only react to punitive incentives, please know that failure to perform

one’s snow removal responsibilities sufficiently and satisfactorily is

punishable by law with fines ranging from $100 to $350. Throwing snow

into the street is AGAINST THE LAW and will cost money to the

Sanitation Department (who must waste our precious tax dollars

repeating a task already done once) and also to the sinner, who, if

discovered, is subject to the abovementioned fines. Parking a motor

vehicle in a manner that jeopardizes traffic safety may lead to the

issuance of a traffic summons. Impeding the work of our first

responders -- N.Y.P.D., F.D.N.Y., and E.M.T.’s -- can result in

both criminal penalties along with possible civil liability.

In closing, I address this final word to our young people. You are

good. You are thoughtful and considerate. You care about others. You

recognize injustice. You dream of a world that can and should be

kinder, gentler, and better. You have the capacity and the

determination to undertake this quest and to get it underway. We, your

elders, have failed you in many ways. We do not always give you good

example. We do not always practice what we preach. We have not always

counseled you wisely and imparted wholesome and virtuous values. We

have not made our schools the best that they can and should be for

you. We have not provided you with needed jobs, opportunities for

recreation and socialization, and productive outlets for your energies

and magnificent to God-given gifts.

Nevertheless, this does not mean that you, young friends, have nothing

to offer both to yourself and to others. You are not off--the-hook.

You have no right to waste your time. You have no justification for

bad behavior. You have no excuse to break the law. You have every

obligation to “do unto others as you would have them do unto you.” You

have the capacity to so love and to be so mature. Ergo, I make of you

this simple request: will you be a good neighbor as God has asked all

of us to be? Will you be your neighbor’s keeper? Will you be that Good

Samaritan who comes to the rescue of those in need on the road of

life? Would you kindly consider doing some snow and ice removal in the

event of more inclement weather? Will you do it for your own family?

Better still, will you do it for an elderly, sick, or incapacitated

next-door neighbor? Will you make a grocery run for the homebound?

Will you start to be the good person and productive citizen that we

all know you can be? Please, just think about it.

In the meantime, I urge all to practice the sagacious advice of our

new Mayor, The Honorable Bill de Blasio, for his fellow

snow-shovelers: “BEND YOUR KNEES AND NOT YOUR BACK!”

Stay warm and dry!

BRONX, NEW YORK, DECEMBER 4- District Attorney Robert T. Johnson announced that a 19-year-old woman has been convicted of assaulting an MTA bus driver after the driver refused to allow the defendant’s dog to board the bus.

Steangeli Medina pled guilty to assault in the second degree, the top count in the indictment, before Acting State Supreme Court Justice Patricia DiMango. Under the plea agreement Medina will be sentenced to six months in jail and five years’ probation.

Medina has also agreed to waive her right to appeal the conviction and will complete a mandatory anger management program. The judge also issued an eight-year order of protection, which prohibits Medina from having any contact with the bus driver.

On December 12, 2013, the defendant will surrender and be held without bail pending a sentencing date which will be set once the Department of Probation has prepared a pre-sentencing report.

The assault occurred on June 21, 2011 at a bus stop on East Fordham Road and Third Avenue when the defendant became enraged because bus operator Marlene Bien-Aime would not allow Medina’s dog to get on the bus without being in a pet carrier. Medina dragged the driver out of her seat, off the bus and onto the sidewalk where Medina struck the victim repeatedly.

As a result, the victim sustained extreme facial bruising and swelling, suffered partial vision loss, which has since been restored, and underwent surgery for injuries to her knee and shoulders. The trauma resulted in the bus driver being off the job on a medical leave for one year.

The case is being prosecuted by Assistant District Attorney Hilary Chernin of the Trial Division.

Tags: Assault, Bus Driver, Dog

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