ASK ELi to INVESTIGATE: Tickets for Icy Sidewalks?

Image: Example of a poorly maintained sidewalk at the corner of Evergreen Avenue and Valley Court.

A reader asks: Does anyone really get ticketed for failure to clear ice- or snow-covered sidewalks in East Lansing?

The answer: Yes, although it varies substantially by date and neighborhood.

We used the Freedom of Information Act (FOIA) to obtain records from the City that would show us who has been written up for failure to comply with the rules from November 1, 2014, through January 16, 2015 (i.e., when we sent the request in). You can see the full list provided, and you can also see a map we’ve created to show you how these citations are distributed. You can use the “+” symbol in the lower right of the map to blow it up.

Here’s what the notations on the “call logs” mean, according to ELPD’s Lieutenant Steve Gonzalez:

• Cited: “A citation has been issued” (shown in red on our map).
• Citing in Progress: “A citation will be issued, however, the officer is in the process of conducting required follow-up/investigation before the citation is formally issued” (shown in orange on our map).
• Warned: “A warning has been issued (verbal or written)” (shown in yellow on our map).
• Clear: “This is generally reserved for a situation where an officer responded to a call, but did not observe any violation” (shown in green on our map).

How do City enforcers decide whom to target? According to Gonzalez, if a complaint is sent into the City, a PACE (Parking and Code Enforcement) officer will go out and take action if she or he deems it necessary. Officers can also “self-initiate,” which means if the officer is out patrolling and sees a violation, she or he can write it up then. Sometimes other departments in the City will also let PACE know that there is a problem that needs their attention.

Gonzalez says, “The decision to issue a citation or warning is the PACE officer's discretion. However, a warning is generally issued when it is apparent that the homeowner is making attempts to keep the walkway cleared. When it is clear that the homeowner has not made any attempts to clear their walkways, a citation will be issued.”

How can you make a complaint? Two ways: (1) You can call the non-emergency ELPD number, 517-351-4220, and choose option 2. Then just tell the officer why you’re calling. (2) You can send an email to PACE@cityofeastlansing.com.

Neighborhoods may opt to designate a point person to make regular reports to PACE about problem sidewalks.

Is a complaint confidential? If someone wanted to use the Freedom of Information Act to find out the origin of the complaint, she or he can try that. That said, it is probably very rare for someone to bother, and you can always make an anonymous complaint. According to Gonzalez, “These [anonymous] complaints are handled just as any other would be. A PACE officer will respond to the location, determine if there is a violation, and take the appropriate action.”

Why do some neighborhoods have so many more violations than others? This appears to have to do with where complaints are made and where PACE officers regularly patrol. It is not too surprising that in the denser downtown neighborhoods, where people are out walking a lot, there are more complaints and more officers patrolling.

What fines are levied? Gonzalez would not say and it appears this kind of information is not available through FOIA.

Does the City ever clear someone’s walks? According to Gonzalez, “There have been circumstances in the past where the City has cleared a homeowner's walkways. For instance, this may happen when the homeowner has a disability that would limit their ability to clear the sidewalk. These instances are evaluated on a case-by-case basis.”

Remember that this year the City has organized a neighbors-helping-neighbors program for people who have trouble getting their walks cleared due to disabilities. Read more.

Gonzalez says that, “If warranted, the city may clear a sidewalk of someone who simply refuses to shovel. Again, this would be evaluated on a case-by-case basis. The safety of the community and pedestrians using the sidewalk in question would certainly be taken into account when a decision like this is made.”

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