The Roving Activist’s Blog

On Thursday, I was honored to be interviewd by Monica Moshenko, host of Disability News Radio. Moinca is an activist from Buffalo, and the mother of a young son who has a disability.

I was contacted by Monica in the aftermath of the wheel in the snow with our Mayor, Bob Duffy. Monica wanted to hear stories from people who use wheelchairs who experience difficulty getting about after it snows.

Monica and I are kindred spirits, so we got on quite well from the start. The interview went quite well, and in addition to snow issues, we spoke of accommodation issues in colleges and universities, ADAPT, the Community Choice Act, and my views on activism. It lasted for over 90 minutes. I enjoyed our conversation, and look forward to working with Monica in the near future. She has already sent me many articles about issues that deeply concern me, and I am going to get with Chris to see how we can address them.

Here is the link to the interview. You can listen to the interview, or podcast it.

http://www.disabilitynewsradio.com/#upcoming

I had a meeting the other day with a gentleman who went to Nashville, Tennessee with his wife, who uses a motorized wheelchair. Before the trip was made, they contacted the cab company in Nashville, and arranged for a cab. When they arrived in Nashville, a few minutes late due to the flight, the cab company refused to pick them up, saying that they were told that they don’t have to have accessible cabs after 5:00 pm. The gentleman called other cab companies, and was told the same thing.

Since he and his wife were stuck, and had no other alternatives, they called the original company back, but they were once again refused. He explained to them that since they had accepted his trip, they were responsible for getting them to their hotel. The company told him that it was a mistake, that they should never have taken his reservation.

In the end, the only way that this man and his wife were able to get the cab company to transport them was to threaten to call his lawyer.

I was so aghast at this story that I e-mailed Ken Thompson at Project Action, a division of Easter Seals. They are experts on accessible taxis. He gave me the number to the local CIL, who gave me the number for the Disability Law and Advocacy Center of Tennessee. I left a message for Tricia Griggs, who left me a message. We finally were able to speak, and she, too, was horrified. She stated that she works closely with the taxicab commission, and they are trying to get more accessible taxis in Nashville, as there are only five in the entire city, and they are owner-operated. She said that neither she, nor anyone at the taxicab commission had ever heard of an excuse like that, and hadn’t imagined that a cab company would put that forward.

Tricia asked if the gentleman, Mr. M, would consider filing a complaint with their office, and with the taxicab commission. I put Tricia on hold, and contacted Mr. M, who was more than willing to file such a complaint, and gave me permission to give Tricia his phone number. This I did, and Tricia promised to contact him that afternoon before she left for home. She will keep me abreast of what they accomplish with the general case. I will keep you informed as well.

To better reflect what the bill really does and to alleviate some of the misconceptions that led to previous negative cost scorings, ADAPT and other other groups (including NCIL and CCD) worked with Congressional leaders and named the bill the Community Choice Act.  The Community Choice Act builds on Money Follows the Person, which is after all only a
step (though an important one) on the road to Real Choice in long term care. The bill will allow people who are eligible for nursing homes or other Medicaid funded institutions to have the choice of living in the community with consumer directed services and supports.

Details to follow soon!

The ADAPT Community
***********
FOR IMMEDIATE RELEASE
March 7, 2007

Contact:  Maureen Knightly / Tom Reynolds
202-224-3254

HARKIN INTRODUCES BILL TO SUPPORT COMMUNITY-BASED SERVICES Legislation
would increase access for people with disabilities and older Americans

Washington, D.C. - Senator Tom Harkin (D-IA) today introduced the Community Choice Act of 2007. The legislation, co-sponsored by Senator Arlen Specter (R-PA), would increase access to community-based services and other supports for Americans with disabilities and older Americans.

“I strongly believe that it is important to level the playing field and give eligible individuals equal access to community-based services and supports,” Harkin said.  “This legislation is needed to truly bring people with disabilities into the mainstream of society and provide equal opportunity for employment and community activities.”

Specifically, the Community Choice Act of 2007 gives individuals who are eligible for nursing home services or other institutional care equal access to community-based services and supports. The legislation also provides enhanced federal matching funds to help states develop their long-term care infrastructure and grant funds to help states increase their ability to provide home and community-based services. Finally, this bill creates a demonstration project to evaluate service coordination and cost sharing approaches for those eligible for both Medicaid and Medicare services.

“This vital legislation will open the door to full participation by people with disabilities in our neighborhoods, workplaces, economy, and our American Dream,” Harkin said.

The following Senators co-sponsored the Harkin-Specter legislation:

Edward Kennedy (D-MA), Daniel Inouye (D-HI), Ken Salazar (D-CO), Joseph Biden (D-DE), Joseph Lieberman (ID-CT), Hillary Clinton (D-NY), Charles Schumer (D-NY), and Christopher Dodd (D-CT).

The number for the bill is S.B. 799. The Community Choice Act is expected to be introduced in the Houde within a few days.

On January 11, 2007, CMS announced the 17 States that were awarded “first
round” Money Follows the Person (MFP) grants. Congratulations!

CMS stated that “for too long people had to follow the money,” and now
Medicaid money can follow the people. These 17 MFP awardees are expected to
“reinvest the savings [from the institutions] into community-based services” and to
have “annual rebalancing benchmarks.” 

These 17 States will receive more than $23 million in FY 07 and will be
eligible for more than $900 million federal dollars over the next 5 years. These
funds will help 25,000 disabled and elderly persons leave institutions, return
to the community, and receive appropriate Medicaid funded services in their
own homes. CMS emphasized that the winning States addressed a broad range of
people with disabilities, people with “complex needs,” people with developmental
disabilities, elderly persons, persons with dual diagnoses and others.

CMS stated that the MFP grants will help States  “level the playing field by
eliminating barriers in the community” and “expand choice” for persons who
want to live in the community.

CMS publicly recognized ADAPT’s and NCIL’s extraordinary hard work in both
convincing Congress to allocate the $1.75 billion for MFP and in urging and
working with States during the application process.

Now the work really begins in those 17 States. Over the next 12 months, you
and your State must flesh out “Operational Protocols” answering how the
program will be implemented. Disability and elderly advocates have the expertise in
transitioning persons from institutions to the community. You know the real
problems people will face. Get to the table.

The 17 winning States are: WI, NY, WA, CN, MI, OKL, ARK,  MARYLAND, NEB, N.
HAMPSHIRE, CA, IND, TX, S. CAR, IOWA, OH, MISSOURI. 

WHAT ABOUT THE OTHER STATES?

Another 21 States applied for MFP but, according to CMS, need to “refine
their application” with “more specificity.”  As far as we can tell, as a
general matter, CMS correctly did not award these 21 States a first round grant
because CMS wants (a) more details on how these 21States will “rebalance” their
institutional versus community Medicaid expenditures/services and (b) more
specific benchmarks regarding the numbers of persons who will be transitioned out
of the institutions. 

– From Steve Gold’s site

Our Center was contacted by a gentleman whose wife’s wheelchair was damaged
by airport personnel at the airport in Nashville, TN, and again, at O’Hare Airport.

I am looking for folks who have had similar problems, including bad transfers due to airline personnel’s refusal to listen to the person or attendant, damaged, destroyed, or lost wheelchairs, and odd situations such as people with disabilities being separated from their group, or other discriminatory actions.

We are collecting these stories to bring them to the attention of the various airlines and airports, as well as the media. The goal is to work with various airport hubs and groups to make traveling by air a better experience for folks with disabilities.

Send your stories here: 

Anita Cameron
Systems Advocate
Regional Center for Independent Living
497 State Street
Rochester, NY 14608
(585) 442-6470 ext 164

Feel free to post your stories here, as well!

For two years, I have kept a Transit Incident Log to track bus incidents such as lifts not working, pass-ups, or rude drivers. On November 22, I began keeping a log for bus incidents in Rochester, NY. I have reported each of the incidents to the Rochester Genesee Regional Transit Authority (RGRTA). I have also spoken of these incidents at the customer Town Hall Meetings.

I did receive a call back in November from the Director of Maintenance, who has since left. He verified each of my complaints, and told me that the 600 series buses are notorious for lift breakdowns, and will be discontinued. However, they are still out there on the street.

I have also had several incidences of pass-ups, which were recently verified by a street supervisor, who witnessed a pass-up. To date, I have had 20 incidents that I have been able to log, not counting about twelve incidents of pass-ups so swift that I was unable to get a bus number or other information.

Perhaps twenty incidents in 3 months is acceptable to some, but not to me. Something must be done about this, and “I’m sorry” is meaningless if nothing further is done.

I arrived in Rochester, NY on November 18, 2006, and rode the bus for the first time on November 22, 2006.

Transit Incident Log

November

11/22/06: 6:07 pm. State/Jay. Route 1 Park Avenue, Eastbound. I asked to be let off at St. Paul/Main, but when I reached the stop, I realized that it was the wrong stop, and asked the driver to let me off at Clinton/Main, which is 1 block East. The driver swore violently and at length at me, then, drove one-half of a block, and put me off, saying that he would go no further. I reported this to RGRTA, and to Mark Aesch, CEO of RGRTA.

11/29/06: 9:45 am. St. Paul/Main, Westbound. Route 10 Dewey. The lift would not work. I asked the driver to call it in, but he eventually got it to work.

11/29/06: 5:15 pm. State/Jay, Eastbound. Route 10 Portland, bus 683. The lift would not work. The driver said that he would call it in. I called, and made a complaint to RGRTA.

11/30/06: 8:45 am. St. Paul/Main, Westbound. Route 10 Dewey, bus 662. The lift would not work, and the driver was very rude. He did call this in, and eventually, got the lift to work. I called RGRTA to complain about the lift, and the general bad service.

December

12/13/06: 5:12 pm. State/Jay, Eastbound. Route 10 Portland, bus 672. The lift would not work. The driver says that he called it in.

12/19/06: 8:35 am. St. Paul/Main, Westbound. Route 10 Dewey, bus 651. The lift did not work.

January

1/25/07: 12:15 pm. State/Jay, Westbound. Driver would not let me on the bus. I called RGRTA.

1/31/07: 10:28 am. Clinton/Byron, Northbound. Route 11, bus 609. The lift would not work. The driver said that he would call RGRTA.

February

2/6/07: 5:39 pm. State/Jay, Westbound. Route 10 Dewey. Bus would not stop. RGRTA closed, so couldn’t make complaint that day. Followed up the next day.

2/8/06: 5:34 pm. State/Jay, Eastbound. Route 1 Park Avenue, bus 1126. The lift would not work. The driver said that he would call it in.

2/13/07: 5:33 pm. State/Jay, Eastbound. Route 1 Park Avenue, bus 605. The diver said that the lift would not work. He refused to try it. I called RGRTA Operations to let them know.

2/13/07: 5:52 pm. State/Jay, Eastbound. Route 10 Dewey, bus 663. The lift did not work. I called RGRTA Operations, and they sent a bus.

2/13/07: 9:10 pm. State/Church, Eastbound. Route 3, bus 126. The driver did not properly kneel the bus; therefore, the ramp was too steep. He refused to help me get on until I told him that I would call the police and request assistance from them. Meanwhile, all of the passengers on the bus were yelling at me because they did not want me on the bus. The driver did not put a stop to this. When I got off at my stop, they began yelling again because they did not want the driver to take the time to lower the ramp so that I could get off. I reported this to RGRTA, and also spoke of this incident to the customer Town Hall meeting at which Steve Hendershott, the COO was present.

2/22/07: 9:46 am. St. Paul/Main, Westbound. Route 10 Dewey. Driver passed me up. I called RGRTA to complain.

March

3/1/07: 8:54 am. St. Paul/Main, Westbound. Route 10, bus 682. The lift would not work. I called RGRTA.

3/1/07: 9:06 am. St. Paul/Main, Westbound. Route 10, bus 611. The lift would not work. I called in a complaint to RGRTA.

3/2/07: 10:54 am. State/Jay, Westbound. Route 10 Dewey, bus 609. The lift would not work when I tried to get off at my stop. Finally, the driver was able to get the lift to deploy, but once I was off of the bus, the lift would not stow.

3/2/07: 3:16 pm. State/Jay, Eastbound. Route 10 Portland ending at main/Clinton. Driver would not let me on the bus, saying that another 10 would be along shortly. This bus was a ramp bus, not a lift bus. I called this one in to RGRTA.

3/5/07: 9:03 am. St. Paul/Main, Westbound. Route 10 Dewey, bus 613. Lift would not work. I called in to RGRTA.

3/7/07: 9:04 am. St. Paul/Main, Westbound. Route 10 Dewey, bus 664. Lift would not work. I called in to RGRTA.

I am so disgusted with RGRTA and its culture of poor service and disrespect towards people with disabilities that I have filed an ADA complaint with the Federal Transit Administration (FTA). I called first to see if my complains had any merit, and spoke with Michael Winter, Director of the Office of Civil Rights, and David Knight, Director of the ADA division. Both of them agreed that my complaints had merit, and instructed me to fax a copy of my log, which I did. I will keep you abreast of things, and update my log, as well.

On March 1, 2007, RGRTA had a board meeting. As usual, Arlene has provided her excellant summary of the meeting. Here it is: 

RGRTA BOARD MEETING
MARCH 1, 2007
 
The first row of public seating for set aside for the media (in attendance were the D & C editorial board and WXXI radio staff), at the monthly RGRTA board meeting. Close to thirty-five members of the public, from the disability community, Bus Fareness Committee, bus driver’s union representatives, and other community activists such as Rev. Raymond Graves, were present.
 
Mark Aesche opened the meeting, using a body microphone, to present his annual report and comprehensive plan for 2007-8 for RGRTA. (The fiscal year for RGRTA runs from April to March, so this is a year-end report.) Key points of interest reported by RGRTA management staff:
 
· Seven (7) million dollar net income for the transportation authority, for the end of the fiscal year, up from the prior projected one million.
· An 85% on time bus rate (RGRTA has a minimum goal of 90%)
· RGRTA receives a percentage of county mortgage taxes (1million dollars) for operations
· Monroe County Sheriff’s Snow Removal Program shoveled out 250 of 650 bus stops. 
 
Customer Satisfaction Index Report
 
Ann Nichols presented the results of the customer satisfaction survey, showing an overall improvement (26%) from prior year’s data. Even with this improvement, there were some other key statistics of consumer satisfaction presented:
 
· 83% with timeliness of buses
· 45% with cleanliness
· 85% of call center staff
· 73% rating of drivers
· 2.13% disabled buses
· 1.96% pass ups.
 
There was some board discussion on pass ups (drivers not stopping) as these numbers were based on self-reports, and if drivers were passing up because the bus was full, mechanical difficulties, etc. Overall the board was displeased with the consumer satisfaction index on cleanliness, and stated the numbers over the four quarters showed a decrease in satisfaction. Mark Aesch spoke of solutions, such as using the cameras and tapes on the bus to monitor drivers, and taking disciplinary actions with drivers on pass ups.
 
T.I.D.E.

A great deal of the meeting focused on the proposed technical updates-GPS (global positioning system) technology, Smart Card (bus pass debit card) and Stop Enunciator (electronic voicing of bus stops). This would be rolled out in the next few years; the current timeline is as follows:
 
January 2007  Deadline To Review Written Proposals
March 2007  Oral Presentations Of Proposals
April 2007  Site visits.
 
It was not clear if the vendors interested in bidding for the projects would come to Rochester, or RGRTA staff would go to visit Trapeze Company (Toronto, Canada), Orbital Sciences (Virginia) or Siemens (Germany). 
 
Renaissance Square
 
Mark Ballerstein, Monroe County Engineering Operations Manager, discussed the status of the Renaissance Square Project. Tom Argust raised questions about the need to see monthly financial expenditure statements. Mr. Ballerstein still had none, after one year of meetings, but promised to have operating cost estimates and expenditures at next month’s April meeting.
 
There was an animated discussion on Mark Aesche being the representative to the Main and Clinton Development Group, and how he would vote-as CEO of RGRTA or as a representative of the RGRTA board. It did not seem as if this issue was decided-Mark Aesche abstained gracefully-but the board voted to approve the proposal to give Mark Aesche carte blanche to act however he saw fit on the Main and Clinton Development Group. This group of four, is composed of two former county employees who are now in construction, is in charge of the planning for Renaissance Square. Mark Ballerstein, when questioned about the lack of an open process for membership in the Main and Clinton Development, stated it was based on their ’specialty expertise’. He also stated he is fine with it, as it is composed of people he knows and has worked with.
 
RGRTA Comprehensive Plan
 
Mark Aesche congratulated RGRTA for having a balanced budget for the 9th year, and stated this is the second time the budget has had a net surplus. He also mentioned RGRTA had purchased 54 buses. He presented many Power Point slides on RGRTA’s 2007-08 Strategic Operations Plan for the coming year: customer service excellence, financial stability, employee participation and putting buses where people want to go. A plethora of data on increased ridership, customer service, was presented; none about putting buses where people want to go. The Commissioners praised Mark Aesche and staff for a great presentation and excellent work.
 
Expenditures
 
RIT was approved to be a technical consultant on the T.I.D.E. project. This was based on their research in the developmental phase. They will be a sole source contract.
 
All other contracts, and funding were presented and approved in rapid-fire succession, with no discussion.
 
Other
 
Mark Heller (Orleans County) resigned as a Commissioner. There are now two vacancies on the RGRTA Board.
 
***************
Inquiring Minds at the public meeting were overheard asking the following questions:
 
Q:  Why aren’t citizens allowed the opportunity to speak?
A: Public meetings usually allow citizens the opportunity to speak or ask questions at
the beginning or the end. RGRTA has opted not to be this. Instead, they have
Town Hall meetings, where questions can be asked to one or two administrative
staff, but not Commissioners.
 
Q: Why can’t citizens have a copy of the Comprehensive Plan at the meeting?
A: Reports, and other documents on the agenda were available for the public at the
December 2006 meeting, by request. Since, then, none have been available when
requested.
 
Q: Where on the website is the Comprehensive Plan-I can’t find it?
A: It is one the page with the Commissioners photos, at the bottom of the page. The
web address is http://www.rgrta.org/About/BoardOfDirectors.aspx
 
Q: What did the media think about the meeting?
A: The Democrat and Chronicle Editorial Board member had some interesting
opinions that you can check out at http://www.democratandchronicle.com/blogs/editorial/2007/03/aesch-rather-not-respond-to-reader.html
 
Feel free to post your comments as well!
 
Q: When is the next meeting?
A: Unknown-the website calendar ends at March 1, 2007. The pattern has been the
first of the month, but that is unconfirmed.

As a direct result of our wheel in the snow with Mayor Duffy, our center had a meeting on February 27 with Paul Holahan, the Commissioner of Environmental Services for the City of Rochester. Chris and I attended, along with Rick Satrelli, the Director of Operations for the Department of Environmental Services, and Molly Clifford, the Mayor’s Disability Liaison, and Drector of NET (Neighborhood Empowerment Teams).

The meeting was a very positive one, and we came up with several strategies regarding snow removal. I also presented them with some information that I had gathered from various city officials and disability activists about how their city deals with snow removal.

Here is that report:

Several respondents replied explaining how their cities dealt with snow removal. These came from city officials and disability advocates. The extent of actions taken by cities is broad – from the town of Dewitt, NY, which recently passed an ordinance that does away with snow removal of any kind, to Toronto, Canada, which assesses a $105 fine from businesses and homeowners who neglect to clear the snow from in front of their businesses or homes.

Toledo, OH:

David Welch (419-936-2816), Commissioner of the Department of public service, Division of Streets, Bridges, and Harbor sent the attached report.

Salt Lake City, UT:

Ordinance

Salt Lake City has received calls inquiring about ordinance 14.020.070 (Snow to be Removed from Sidewalks) which states that the owner or occupant of a property must remove snow and ice from their whole sidewalk adjacent to their property within 24 hours after a storm. Please refer to the ordinance for full legal information. This ordinance applies to all businesses and residents.

The ordinance requires snow to be removed from the whole width of your sidewalk and includes ADA ramps, which go out to the street.Help others, volunteer your time and equipment to assist the elderly or disabled by contacting your local church or the Community Service Council at 978-2452, help your neighbor or friend, help others in need. We all need assistance once in a while.

Why the Ordinance Exists

The ordinance protects the safety of every individual in Salt Lake City. It is important that the snow be removed from your sidewalk so people are able to walk and ride safely out of vehicular traffic. Under ADA regulations accessibility to sidewalks for disabled individuals is required.

Precipitation Standard

Salt Lake City uses the National Weather Service as a standard to measure when precipitation has ended.

Fines

Ordinance 14.020.110 declares a fine of $75 for violation of the ordinance. A ticket can be issued every day for failure to comply. If the fine is paid within 15 days it is reduced to $25. If the fine is paid within 25 days it is reduced to $50.

Enforcement

Salt Lake City Department of Public Services enforces the ordinance. Employee(s) from the Compliance Division are ticketing for violations. Call 535-6628 to report a violation.

Understanding when a ticket will be issued

We rely on complaints from concerned citizens to enforce the ordinance. Please call compliance at 535-6628 to report a violation.

You have 24 hours from the end of precipitation to clear your entire sidewalk. You are in violation if you only make one path the size of your snow blower down the sidewalk.

If a violator has not cleared the sidewalk from a storm, which occurred over 24 hours ago, the city can issue a ticket to the owner, lessor, or occupant of the property.

Pictures are taken for proof of violation.

Remember to remove snow from your sidewalks for every storm. We will ticket for compacted, iced snow from previous storms even when there is a slight flurry occurring the same day of violation.

Violators may be given a ticket for each day they are not in compliance.

Madison, WI:

There are sidewalk snow removal ordinances. People have until 12:00 noon the day following the storm to shovel their sidewalks or risk being cited.

The residents are required to shovel the sidewalk portion of their curb cuts. The City is responsible for the windrow of snow that is at the bottom of the curb cut. In other words, the residents are responsible for what the storm put there and the City is responsible for what the plow put at the curb cut. However, many residents do shovel or clear a wide enough area for wheelchair access in the curb cut on their own before we can get there.

After snows, the Streets Division schedules crosswalk crews with small plow units to systematically go through the City to work on snow removal on the curb cuts. It takes approximately 3-4 weeks to complete the entire City. We initially take care of school crosswalk areas where crossing guards are located and crosswalks where we have been notified that handicapped people live near that need immediate attention. We are able to take care of these crosswalks in an 8-hour day and these crews are scheduled after every new snowfall.

Al Schumacher
Street Superintendent

The City of Madison has a local ordinance: MGO 3.72, that provides for a grievance/ enforcement procedure regarding complaints against City of Madison departments that do not provide a “reasonable modification” to a person with a disability to any policy, procedure or program that the city offers, or a general procedure/program modification if the procedure discriminates against people with disabilities as a whole. This ordinance is pursuant to the City’s long standing policy to provide access to people with disabilities (for example, we have been installing curb ramps since the early ’70s and have had a handicapped parking ordinance since 1984) and to prevent discrimination under 504 of the Rehab Act (the city receives federal funds) and Title II of the ADA.

Snow removal in response to specific requests to clear curb ramps that the city has filled in because of its snow removal activities could be handled in that fashion, until a smooth running policy is in place. The ordinance requiring snow removal, and an aggressive enforcement policy with citations also helps.

Angela Bennett
Office of Civil Rights

Halifax, Nova Scotia, Canada:

Halifax Regional Municipality does provide snow-clearing services to about 60% of the sidewalks. The remainder is the responsibility of the abutting property owner under BY-Law ordinance. In addition public works crews remove snow at sidewalk intersections to lessen the hardship on corner property owners and provide better access through the plow curls for wheelchairs and strollers.

HRM also fund a program to assist seniors and Persons with Disabilities with snow removal at their residence. Qualified individuals can have their sidewalk, walkway, front and back step and path to oil tank cleared under this program. More on this and current standards can be found at www.halifax.ca/snow and ice control

Gordon Hayward
Snow Control and Training Coordinator
490-4956

haywarg@region.halifax.ns.ca 

Bismarck, ND:

I would love to say that we don’t have the problem here in Bismarck that you do, unfortunately we do. Sidewalks in some residential areas of town aren’t shoveled; sidewalk intersection curb cuts often become filled with snow during the snow removal operation and remain clogged. Our commercial areas do a good job of snow removal; it seems that our residential areas are the worst violators. We do send certified letters to property owners who don’t shovel their sidewalks, but this abatement takes time to process, time waiting for signatures, and then re-inspections to see if its been cleared. If it still isn’t cleared, we then have to contract out the snow removal, which also takes time.

I can remember years ago in Bismarck, an individual in a wheelchair was going to the grocery store with their spouse who was walking. An automobile struck the wheelchair, and the person was killed. This wasn’t because there was snow on the sidewalk, it was because it was dark and there wasn’t a sidewalk to allow them to get out of vehicular traffic. Soon afterwards, the road was rebuilt with street lighting and a sidewalk. Your concerns for personal safety are warranted and I hope you can help to make a difference in your community before a tragedy occurs on your streets.

We have an ordinance, which covers the clearing of sidewalks 24 hours after a snowfall. This link http://www.bismarck.org/uploads/doc_Title_10_-_Public_Places_and_Property;_Franchises.pdf should get you there. Refer to section 10-03-03 and 10-03-04 for the language as it relates to adjacent property owners responsibility for removal of snow or ice from sidewalks.

Here is our city map with the street snow plowing routes identified with regards to emergency routes and their priority in plowing. http://www.bismarck.org/uploads/doc_2006-2007_SnowEmergencyRoutes.pdf I’m not sure that this is what you are looking for regarding sidewalks, but I thought it might be useful.

Jeff Heintz
Director of Public Works Service Operations
City of Bismarck
P.O. Box 5503
601 26th St. South
Bismarck, North Dakota 58506-5503
701-222-6431
jheintz@state.nd.us

Winnipeg, Canada:

The City of Winnipeg is currently awaiting approval of an Accessibility Design Standard that includes a statement under a section titled “accessible routes, paths and corridors that “snow accumulation at routes should be removed completely after each snow fall.”

If there is anything else we can assist with please call 986-2131. There will also be a new Access Advisory Committee coordinator starting Feb. 26 (Diane) at 986-8345.

Judy Redmond
Universal Design Coordinator
City of Winnipeg

Boise, ID:

The City of Boise is not directly responsible for snow removal. The streets, alleys, streetlights, streets signs and sidewalks are under the jurisdiction of Ada County Highway District. I have shared your inquiry with them and they will be in contact with you. As for the sidewalks in front of downtown businesses, that is up to the individual business owners to remove it. Our Downtown Business Association can provide you with the whys and wherefores. They too have been cc’d on this email and will be in contact.

Sincerely,

Kris Haustveit
Administrative Secretary
Office of the Mayor

The Downtown Boise Association takes responsibility for removing snow in a 64-block area. Generally, when there is 1 inch of snow, the streets and sidewalks will be plowed. They plow a 4-7 ft. wide path on the sidewalks, as well as remove snow from each curb cut. If there is any snow remaining, each business is required to clear the snow in front of their business. If they fail to do it, they are fined.

Jeff Hunt
Downtown Boise Association
208-472-5252

Austin, TX:

They don’t deal with snow removal here. Last month we had less than one inch of snow and ok some ice too and we were closed down for 3 days. I guess you could say they deal with it by waiting for a sunny day.

Watertown, NY:

If someone has difficulty using a sidewalk due to snow or ice they can call code enforcement at 785-7735. A person entering the road/street because the sidewalk is impassable is not OK. Upon a phone call complaint, a citation will be mailed to the sidewalk owner. Upon receipt of citation, the owner has 48 hours to clear the snow or ice. If the sidewalk is not cleared after 48 hours, the DPW goes and clears the problem.

Also, Director Shawn McWayne said that property maintenance code basically says that parking lots are to be maintained in a safe and sound condition. Their office has reasonable expectations –it is difficult to maintain a parking lot when conditions are in flux. Parking lots are a landlord’s responsibility.

Kim Smith

Minnesota:

It is the business owners’ responsibility to clear the snow from in front of their business. When it snows, they are generally given until the end of the week to comply. After that, the police, a volunteer organization called VEAP (Volunteers for the Enforcement of Accessible Parking), and the local meter police will enter a business and give them a warning. They have 24 hours in which to comply, then, they are ticketed. The tickets range from $20 to $25 for the first infraction, after that, the ticket amount doubles for each infraction. Business owners are responsible for clearing snow from curb cuts near their business. If a building or home is vacant, the owner is responsible for clearing away snow otherwise they will be ticketed.

As for plowing of streets and sidewalks, the plows remove the snow from the streets and the edges of curb cuts. Then, a blower is used to put the snow into trucks. The snow is dumped into the river.

Topeka, KS:

Our city (Topeka) has a program that is a public / private partnership that we are involved in where you can call a referral site and get your drive and walk cleared if you are disabled or elderly. My ILC is a referral site where people can call in to get help.

Toronto, Canada:

The City of Toronto has some 7,100 km of sidewalks and 5,300 km of roads in our 629 square km area. On most streets, one of our 303 sidewalk ploughs is sent to clear the sidewalk after the conclusion of the storm. Pathways are dug at crosswalks and crossovers. Transit stops and shelters are cleared, and driveways opened up. It can take up to 48 hours to clear streets, sidewalks and transit stops.

There are areas of Toronto, mostly in the downtown core, were the sidewalk is too narrow to operate a sidewalk plough, there is on-street permit parking, or no place to store snow. In these areas the adjacent property owner is required to the sidewalk. Under municipal by-law, the property owner has 12 hours from the end of the storm to clear the sidewalk.

If all occupants of a residence are at least 65 years of age, or disabled, and are required to clear the sidewalk, the City will hand shovel and salt the sidewalk for them at no cost. They must apply each year for this service.

Upon receiving a complaint that a property owner has failed to clear the sidewalk, an enforcement officer is sent to investigate. The officer will usually issue an order requiring compliance within a short period of time. If upon re-inspection the sidewalk is not cleared, an offence notice (similar to a traffic ticket) is issued. The City can also then clean the sidewalk, bill the owner of all costs involved, and can collect it as unpaid taxes. The property owner has the option of paying the fine (set by the court at $105.00) or applying for a trial, and must exercise this option within 15 days.

The Property Standards By-law requires that driveways, walkways, stairs and landings on private property be cleared within 24 hours of a snowstorm.

Transportation Services is headed by Gary Welsh, the General Manager.

His e-mail address is welsh@toronto.ca

The By-law dealing with snow and ice removal is found on our web site at:

http://www.toronto.ca/legdocs/municode/1184_719.pdf

I hope this is helpful and please do not hesitate to let me know if you require further information or assistance.

Sincerely,

Robert Coaten
Information Liaison Officer
Access Toronto/Public Information
City of Toronto

Bath, NY:

Property owners must clear adjacent sidewalks of snow and they enforce it. If it’s not done they clear them and bill the owner. Most property owners have hired a sidewalk cleaning service.

Washington, DC:

It is very bad. Snow is piled very high on street corners and blocks curb ramps. The Metro station has a very good access. According to the department of public works, which deals with snow removal, residents and businesses are responsible for clearing snow from sidewalks and steps near their business or residence.

Hamilton, Ontario, Canada:

Helping Hands provides snow removal to those eligible. It is recommended to contact Helping Hands “AHEAD OF TIME” as registered clients are serviced as quickly as possible. Someone will assess within 3 - 5 days and the work will be done in about one week. Hours are Mon - Fri 8:30am - 4:30pm Dates Year round Areas Served Hamilton (City of) Eligibility Seniors, physically handicapped and those who can’t shovel for medical reasons.

Hamilton ON – January 16, 2007 – Do you have what it takes to become a Snow Angel? The City of Hamilton and Volunteer Hamilton are looking for Snow Angels to help eligible seniors and disabled residents clear their snow.

The program was developed last year, after it was recognized that some residents were unable to comply with the City’s enforcement of sidewalk snow clearing within 24 hours of a snowfall. Despite last year’s relatively mild winter, 74 people received the service and over 50 volunteers were screened and trained to provide it. This year, even more volunteers are needed.

Those eligible to receive the service include residents who are 65 years or older who currently receive a Seniors Tax Credit, and any resident with a disability documented by an Ontario Disability Support Program (ODSP) cheque stub, a wheelchair parking pass or a doctor’s note, regardless of age. Interested residents are assessed for financial eligibility based on income level and assets.

Snow Angels will be responsible for clearing snow from the sidewalk in front of the home and a walkway to the door. They will also clear the windrow, which is the pile of snow left behind when a snowplow clears the road. Volunteers are being asked to sign up now to become a Snow Angel.

Snow Angel volunteers must be 14 years of age or older and must be physically able to participate in the task of snow removal. All volunteers will be required to go through a screening process.

Residents who feel they may qualify for the services of a Snow Angel are also being encouraged to register for the program, which is administered by Volunteer Hamilton, and supported by the City of Hamilton. The City would like to have the program operational as soon as possible, to ensure that appropriate assistance can be provided with the first heavy snowfall of the season.

“Most residents live within steps of an elderly neighbour or a neighbour with a disability,” said Christopher Cutler, executive director of Volunteer Hamilton, “and in many cases they already provide this type of assistance. It’s our hope that they and others in the community who in are in similar situations, will register as Snow Angels and assist their neighbours and friends.”

“There are many people in the community who are going to want to take advantage of the Snow Angels program over the next month or two,” said Joe-Anne Priel, General Manager of Community Services for the City of Hamilton. “Volunteer Hamilton has been exceptional in its response to, and its enthusiasm for, this important community program.”

For the second year in a row, McDonald’s Restaurants has signed on as a program sponsor, and will provide a gift card for a free coffee and sandwich for each Snow Angels volunteer. The Canadian Tire on Upper James Street donated 10 snow shovels last year, and has donated another 15 this year.

To register as a Snow Angel or to register for assistance from the Snow Angels program call (905) 523-1910, or visit www.volunteerhamilton.on.ca/snowangels.htm.

Syracuse, NY:

The city of Syracuse requires that the property owners shovel the snow but unfortunately it is not very well enforced. We requested that they issue fines for homeowners and business owners who fail to remove snow but they said they would not have enough staff to enforce it. The bus company also does not want to shovel snow from bus stops that are not sheltered.

Town of Dewitt, NY:

Just passed an ordinance that they will not shovel the snow at all, and will not require anyone else to do it either, not homeowners, nor businesses.

On February 7, 2007, Robert Duffy, the Mayor of Rochester, NY, kept a campaign promise and wheeled in the snow with staff from the Center for Disabilty Rights and the Regional Center for Independent Living in order to learn for himself the plight of folks who use wheelchairs when sidewalks are not cleared of snow.

Here are some links to media coverage of the story:

http://www.13wham.com/mediacenter/local.aspx?videoId=182081@video.wokr13.com&navCatId=5

http://www.10nbc.com/index.asp?template=item&story_id=21476

http://www.wroctv.com/content/fulltext/?cid=9027

The Democrat and Chronicle did a story. Here it is:

Tough going for a big wheel
 
Mayor takes a rolling, sitdown tour of snowy sidewalks

Brian Sharp
Staff writer
 
(February 8, 2007) — His gloves were wet, his fingers numb, the tires of his wheelchair caked with snow, and Mayor Robert Duffy was feeling cold and fatigued as he struggled to navigate the snow-packed sidewalk.
Half a block later, the snow got deeper, forcing the mayor and a handful of others onto busy Jay Street.

“This is what I go through every day,” said Anita Cameron, who told the mayor she had been forced onto St. Paul and Main streets because sidewalks were impassable.
“It’s extremely scary. You hope and pray that the motorist behind you sees you.”

Duffy and Paul Holahan, the city’s commissioner for environmental services, came out to the Center for Disability Rights at Jay and State streets to fulfill a campaign promise Duffy made in 2005. Cameron and others at the center took Duffy and Holahan on a brief outing so they might better understand the needs of residents with disabilities.
Coming into the day, the mayor said, he knew people in wheelchairs faced challenges navigating city sidewalks. But Duffy said his conversations, and what he had observed, “does not compare in any way to being in a chair, going down the street.” The city does a solid job clearing sidewalks, he said, but more can be done.
Holahan said the city is looking to other Northeast and Canadian cities to see what they do to keep sidewalks cleared. In the meantime, he said, the city might step up sidewalk plowing on main arterials.
The city’s current policy is to plow sidewalks only after 4 inches of snow has fallen and work on roads is complete.

Residents and business owners also have an obligation to clear the sidewalks in front of their property.
The mayor was told that, while the center and other agencies work to connect people with disabilities to housing and jobs, those efforts fail if the person cannot get from one to the other.
BDSHARP@DemocratandChronicle.com
The Democrat and Chronicle did several editorial pieces about the issue. Here is one:

Misbehaving in winterPeople who should know better aren’t clearing sidewalks

(February 9, 2007) — Attention Rochester-area residents: Granted, until the past month or so, the region had escaped brutally cold and snowy winters the past few years.But now that the weather we’ve become accustomed to at this time of year is back, it’s time to snap back to reality.

That means, for instance, clearing snow-packed sidewalks so that pedestrians and people in wheelchairs can get to where they’re going without being forced into the busy streets.

Anita Cameron took Mayor Duffy on a wheelchair tour of city streets earlier this week to let him see firsthand the snowpack she and other disabled people have to deal with on impassable sidewalks.
Duffy later pledged that the city would do more to clear sidewalks, particularly on main arterials.But the city, alone, can’t ensure safe sidewalks. That’s why there’s a law requiring residents and business owners to clear the sidewalks in front of their property.

Apparently, too many residents have forgotten that obligation. Kimberly J. Peters, district manager of the U.S. Postal Service for Western New York, had to issue a public appeal this week to 3.6 million customers. People who don’t remove snow and ice from around mailboxes, driveways and porches are putting postal workers at risk. Last year’s relatively mild winter resulted in more than 100 postal workers suffering on-the-job injuries.

It’s the dead of winter and it’s Rochester. Snap back. Get back to behaving like pros.

Here is another from the Editorial Blog:

Treacherous terrain

It’s not every evening that my job follows me home. Last Sunday, I ran a Pat on the Back written by Anita Cameron of Rochester, in which she thanked two men who helped her get to work one morning despite the impassable snow-caked sidewalks that make her daily wheelchair travel perilous, to say the least. Two days later, Cameron was on the evening news, along with footage of Mayor Duffy and other city officials who attempted to see Rochester’s winter through a city wheelchair user’s eyes on Wednesday. The next day, we had a news story on 1B covering the event. Yes, by hitting the sidewalks (and streets) for a while on Wednesday, the mayor made good on a 2005 campaign promise and it made for an eye-catching photo op, but what does the future (or even tomorrow) hold for Cameron and others who face similar situations?This is not a new problem and not one exclusive to our city, Cameron says. According to Cameron, the city has told her that clearing the sidewalk before her North Clinton Ave. residence (a few blocks north of Main Street) is not their responsibility because it’s not in the “city core.” On the phone yesterday, she also recounted stories having to wait in city streets in front of bus stops because many curb cuts (ramps that give wheelers access to the sidewalk or street) happen to be the final destinations for mounds of plowed snow. What’s wrong with this picture? No one should have to wheel their way down busy streets, bundled-up so tightly against sub-zero wind chills that they can’t turn around to see if there’s an unaware motorist bearing down on them. No one.

The photo above shows Mayor Duffy and Anita Cameron, of Rochester, trying to navigate the sidewalks near the Center for Disability Rights on Wednesday.
(Photo by KATHARINE SIDELNIK/staff photographer) posted by Max Anderson at 12:49 PM

Here is a link to our summary and pictures of the event:

http://www.rochestercdr.org/Wheeling…WithDuffy.html

Our local newspaper, the Democrat and Chronicle, publishes short thank-you’s from readers to individuals who have done kind deeds to, or for them, as well as businesses or agencies that have done positive things of note. These appear almost every day on the Letters to the Editor page under the title of Pat on the Back. A month ago, the D&C printed one from me. Here it is:

Democrat and Chronicle

February 4, 2007

Pat on the Back

Two gracious men help to beat snow

I was able to get to work on Jan. 26 thanks to two strangers. I have been pushing my wheelchair in the street to get to the bus stop. I must do this because the businesses in my area won’t shovel the snow off the sidewalks. This day was especially difficult because the streets were not cleared. As I struggled down the middle of St. Paul Street, a man ran to me and gave me a push to the bus stop. I caught my bus, but upon alighting, I found that I could not get across the street because of the snow. A man appeared and helped me across the street, and into my office. I want to thank these two kind gentlemen for helping me. I don’t know what I would have done had they not appeared in the nick of time.

Anita Cameron
Rochester