A new ordinance passed May 5 by Fortville Town Council states that property owners are responsible for clearing snow and reporting damage on their walkways adjacent to public property. Walkways within the Designated Primary Pedestrian Route will be maintained by the town.
FORTVILLE — After much discussion over the past few weeks, Fortville Town Council passed an ordinance Monday adopting regulations concerning snow removal and sidewalk maintenance.
In passing Ordinance No. 2025-4A, the council placed the onus on property owners to keep public walkways adjacent to their properties clear of snow, and to report when walks become damaged or hazardous.
The ordinance passed with a vote of 4-1, with council member Vanessa Battaglia voting against it.
The newly adopted regulations outline expectations for both the town and residents with regard to sidewalk maintenance and snow removal.
The ordinance states it is each property owner’s duty to notify the town “within a reasonable time” of any damage or hazards associated with all cement, asphalt, concrete walks and sidewalks on or adjacent to their property within town limits.
“Any owner of any such premises who shall allow any such sidewalk to remain in disrepair, or in a dangerous condition in violation of this ordinance or the Town’s related policies shall be responsible and liable for injuries and damages arising out of the disrepair or unsafe condition of said sidewalk,” the ordinance reads.
It also states that property owners shall reimburse the town for “any and all liability, costs and expenses which the town might incur as a result of any such defective or dangerous sidewalk in violation…”
Battaglia questioned putting that much responsibility on property owners, but board president Tonya Davis countered in a previous meeting that it’s all a matter of public safety, personal responsibility and common sense.
Davis said when heavy equipment she was responsible for damaged a walkway on her property in the past, she repaired it in a timely manner without hesitation.
Town manager Joe Renner said the town will adopt specific policies and procedures for notifying the town of any necessary repairs or dangerous conditions, so town officials can assess the responsibility for those repairs.
The purpose of the ordinance is not to inconvenience property owners, he said, but to address damage in a timely manner to keep the public safe.
The ordinance passed Monday states that the penalty for violating the new sidewalk code is a warning on the first offense, followed by fines of $100 for the first offense, $250 for second and $500 for subsequent offenses.
As for snow removal, the new ordinance states that all residential and commercial property owners with properties adjacent to any existing sidewalk have 72 hours to take reasonable measures to clear sidewalks of snow after a snow event has ended, or risk fines of up to $500.
The measure indicates that snow on sidewalks in the Designated Primary Pedestrian Route would be removed by the town “as soon as practically possible” after a snow event ends and adjoining streets have been plowed.
The pedestrian route includes sidewalks located on Main Street between Church Street and Broadway, and on the north side of Broadway from State Road 13 to West Garden Street.
The ordinance further indicates that the town will not be responsible for removing snow from sidewalks on private property or any other area that is not on the town’s Snow Removal List.
