Sidewalk yellow snow and red herring removal.

On Tuesday morning, the agenda for the weekly Bored of Works meeting was as barren as David Duggins's bookshelf, and so the topic soon turned exculpatory.

Specifically, how did we do with the snow incident?

Previously, Duggins had issued all the appropriate self-commendations: Ignis Fatuus: Duggins says "I think we did an excellent job" removing snow.

I'm sure he shoveled most of it himself. Meanwhile, yesterday the newspaperman Daniel Suddeath was right there with the Bored, live tweeting.

Daniel: Per street department, removing snow from sidewalks, by ordinance, is not responsibility of city. Residents, business owners responsible.

Roger: How did that come up?

Daniel: Street commissioner was asked to clarify by Board of Works.

Roger: Did Mickey ask himself?

Daniel: Warren Nash.

My follow-up question remains unanswered, but now that we know Warren Naps is a regular reader of NAC, let's just ask it again:

Does it remain the responsibility of businesses and homeowners to clear the sidewalks when the snow and ice on the sidewalks were placed there by the city itself?

I think the street department works hard to achieve aims limited by upper management, i.e., City Hall. Gathering together the available evidence, here is what we know.

The city's property includes streets and sidewalks, but the city acknowledges a responsibility to clean only some of the streets, and none of the sidewalks. The street commissioner said so himself.

New Albany official: Cleaning sidewalks not our responsibility, by Daniel Suddeath (N and T)

NEW ALBANY — During most snow events, New Albany follows a four-route course focused on clearing main roads.

When it comes to sidewalks, by city ordinance, the responsibility lies with business owners and residents.

New Albany Street Commissioner Mickey Thompson clarified the city’s charge involving snow and ice removal during Tuesday’s Board of Public Works and Safety meeting.

I can locate only a few random citations for snow, ice and leaves within the city's ordinances, none of which apply to this instance, so I'll hazard a guess that the section being cited is this one.

§ 150.101 CLEANLINESS OF PREMISES.

(C) Municipal department responsible for administration. Unless specifically stated elsewhere in this chapter, the Building Commissioner shall be responsible for the administration of actions taken under this chapter, including, but not limited to, the issuance of notices to the landowners and other persons, the issuance of certificates of cost to the County Auditor and the administration of the appeals procedure.

(D) Maintaining premises free of debris, trash, litter, garbage, refuse, junk and abandoned vehicles.

(1) The owner of any lot or parcel of real estate within the city shall maintain the premises, including the real estate, or any alley or sidewalk abutting the real estate, free of all debris, trash, rubbish, litter, garbage, refuse, junk and abandoned vehicles, when the material is within view of any public premises, public alley, street, highway or adjacent property, to such an extent that the premises is a hazard to public health, safety and welfare.

(2) The presence of debris, trash, rubbish, litter, garbage, refuse, tires, junk and abandoned vehicles is injurious to the public welfare and is a nuisance.

Please correct me if I'm wrong, but it appears that even if this is the cited passage, there are no clearly delineated penalties for non-compliance (stop me if you've heard THIS one before), and if there are penalties, we don't ever pursue them.

The issue has been raised in Louisville, too.

Louisville Metro Doesn’t Usually Fine Property Owners For Snow-Covered, Slippery Sidewalks, by Ashley Lopez (WFPL)

"It shall be the duty of all persons and corporations owning or occupying property abutting a public street in Louisville Metro to remove within 24 hours thereafter such snow as may fall on the sidewalks in front of their property. Where the property is unimproved or unoccupied this duty shall devolve on the owner or the agent for the property. Where property is occupied by others than owners thereof, this duty shall devolve on the owner or the tenants and either may be proceeded against for the violation."

Do we have an ordinance, or don't we?

Are there penalties, and if so, are they enforced?

Isn't this the sort of topic that this or any other City Hall might choose to be a bit more clear in presenting for the edification of the public?

Or do we merely muddle through like always, all the while making noises about competence and efficiency that sound curiously like flatulence?