The winter season officially began less than a month ago, but parts of North Jersey have already experienced a few bouts of snow, albeit in relatively minor storms.
While some people love the picturesque sight of fresh snow, others find the winter weather too much of a hassle to enjoy. Those thoughts are especially prevalent when people have to shovel snow in the aftermath of a storm.
Aside from being a nuisance, shoveling is in many cases a requirement for residents unwilling to risk a fine or lawsuit resulting from an injury. So the next time some measurable snow falls — which could be as soon as this weekend — here is what to know to avoid any legal trouble.
Who clears snow from the sidewalk?
The responsibility of clearing a public sidewalk under New Jersey law depends on who owns the property, according to The Law Offices of Michael P. Burakoff, a Morristown-based personal injury attorney.
It is the owner’s duty to remove snow and ice from any sidewalks on a commercial property, Burakoff said on the firm’s website. An owner who fails to to do so is liable for any injuries sustained after slipping in the area.
On a residential property, sidewalk clearing is generally the responsibility of the municipality. Property owners who shovel out the sidewalk would not be at fault for a pedestrian injury “unless their negligence creates another hazard,” Burakoff said.
However, local governing bodies can set their own rules that differ from state statutes, Burakoff said. For example, a law may state that a property owner can be fined but not sued if a pedestrian slips and falls, and some municipalities remove precipitation and charge the owner afterward.
Because of these differences, residents should be familiar with laws in their town in addition to the state guidelines.
How long can I wait to shovel?
New Jersey law features the “ongoing storm rule,” adopted in 2021 as the result of the state Supreme Court case Pareja v. Princeton International Properties. The rule states that landowners are not required to clear public walkways “until a reasonable time after the cessation of precipitation.”
As for what constitutes a “reasonable time,” this is another instance in which the law varies by town. Jersey City guidelines require sidewalk clearance after four hours for business owners and eight hours for residential owners, while in North Haledon, residents have 24 hours to clear the sidewalk.
The width of the cleared sidewalk also fluctuates among municipalities. Jersey City requires a path at least 48 inches wide, while Fair Lawn’s minimum is 30 inches and Wayne’s is 36.
Snow removal from cars laws
The sidewalk isn’t the only place New Jerseyans must clear following a snowstorm. State law requires motorists to remove all ice and snow from their vehicle’s hood, windows and roof before driving.
Drivers who fail to clear snow can be fined $25 to $75 per offense regardless of whether the precipitation comes off the vehicle, according to the state Division of Highway Traffic Safety. If flying ice or snow causes injury or property damage, the financial penalty can increase to anywhere between $200 and $1,000.
Clear space for mail carriers
Although it may not be a resident’s first thought following a snowstorm, the U.S. Postal Service reminds property owners to create a path to their mailbox. This keeps mail carriers safe and ensure they promptly deliver letters and packages.
“It takes more than a few flakes to deter letter carriers from making their appointed rounds,” the agency’s Northern New Jersey district reminded customers in a 2021 news release. “But, if they cannot reach your mailbox, they cannot deliver your mail.”
Residents should keep roadside mailboxes clear of snow and other obstacles, like trash cans and cars, so carriers can make deliveries without leaving their vehicle. The area should be cleared in a “half-moon” shape for full carrier visibility, the USPS said.
This article originally appeared on NorthJersey.com: When do you have to shovel snow after a storm? A look at NJ law