BY ADAM ATKINSONNorth Country This Week

POTSDAM -- The village board recently approved its amended code for sidewalk maintenance and snow clearing, with a goal that the change clarifies who is obligated to remove snow from village walkways, the property owner or the village.  

The amendment to Chapter 145 Streets and Sidewalks §145-5 Keeping sidewalks clean was approved by the mayor and trustees at its special meeting May 12. The village held a public hearing on the change to the sidewalk code in March.

The new code reads:

"The use by the Village of Potsdam of a sidewalk plow upon the sidewalks of the Village shall not reduce or eliminate the responsibility of the property owner for the nonstructural maintenance of sidewalks. If the owner of the adjoining premises fails to comply with the provisions of this section and, by reason of such failure, injuries to person and damage to property result, then in such event such owner shall be liable for such injuries and damages."

The village has often operated a sidewalk plow on village sidewalks when it could, especially in high use areas. Even though, under village code, snow clearing of the walkways was the legal responsibility of the homeowner.

Numerous discussions on the issue have occurred at village board meetings over the years. Village officials have long maintained that the village plowing the walkways was a service it provided when it was able. However, there was nothing officially codified in the village law that clarified that arrangement legally.

The new code clarifies that the responsibility and therefore the liability for the sidewalks ultimately falls to the property owner, even if the village assists in plowing efforts.