Indianapolis has an ordinance that requires property owners to shovel their sidewalks after a snowfall but the city isn’t in the practice of enforcing that, city officials say.
Numerous people reached out to IndyStar after our original coverage in the wake of teh storm to complain about potentially being fined. Many said they felt it unfair to put the responsibility on residents when the city’s snow plows are only clearing main streets and roads and not neighborhood side streets.
But the reality is that the shoveling requirement might be an unenforceable regulation.
That irks people like Kevin Sage, who called the ordinance “an absent city response for an issue that really is a problem.”
Sage commutes to the downtown area and for decades he’s heard about the ordinance though as far as he knows there’s no actual penalty for those who don’t abide by it. Still, he said, he wished the city would do more to ensure the sidewalks are clean.
“This is not a ‘The world is going to end’ issue,” Sage said. “However, it does point up the fact that there are many things that make up and hold a community together. This is one of those things. And people are not doing it, for the most part.”
In many cases keeping one’s sidewalk clear of snow may not be an easy task.
Some who live on main streets told IndyStar plows often push snow back on the sidewalks after they’ve shoveled. Others say that heavy shoveling may put them at risk for a heart attack or sudden cardiac arrest.
Here’s what the ordinance says
Bart Spencer shovels the sidewalk outside his home Monday, Jan. 6, 2025, in Indianapolis.
Indiana Code Sec. 431-106 states that a property owner is required to keep the sidewalks in front of or adjacent to their property clear of ice and snow.
In Indianapolis if snow stops falling after 9 a.m., property owners must shovel their sidewalks by 7 p.m. If the snow is still falling past 7 p.m., they have to remove the snow by 9 a.m. the next morning if the snow has stopped before then.
The city requires a five-foot-wide cleared path along all sidewalks. Keep in mind that you can’t leave snow on a public roadway or blocking an alley, which means that snow must go in your yard or median.
If you don’t do this, you could face up to a $50 fine.
But the “weird” thing about this is a ticket for failure to shovel has never been issued, said Department of Business and Neighborhood Services spokesperson Dawn Olsen. Olsen said the city just wants more people to be mindful about shoveling their sidewalks.
The ordinance: Fined for not shoveling snow? It could happen in Indianapolis
“Think about it. DBNS can write a ticket and we can give them a court summons but by the time a court date is set, which can take weeks, a judge can look at the $50 fine and go, ‘Well, it snowed in March, and it melts by April, why would I fine?'” Olsen said.
She said the department just wants people to be courteous to their neighbors. The department doesn’t look to fine people unless someone complains about a snowy sidewalk.
“Even then, we’re still willing to work with folks by communicating with them about their sidewalks,” Olsen said. “We just want them cleared of snow and ice because it would allow people, particularly children, seniors, and people with disabilities, to walk safely.”
And, she added, if a plow truck unintentionally throws snow onto a sidewalk, the property owner will not be fined.
The history of the ordinance
The ordinance was enacted in 1975, three years before the infamous Blizzard of 1978 hit Indiana that January.
While the city has rarely, if ever,given out tickets for not shoveling, the existence of an ordinance means that if it is violated, a person may be able to sue for damages.
So, theoretically if someone walking by slips on a sidewalk was covered in ice and snow, the property owner could be held liable.
But in 2007, the Indiana Court of Appeals ruled that a property owner had no legal obligation to clear snow and ice from a sidewalk in front of their property regardless of local ordinances on the books.
The Indiana Court of Appeals issued the opinion in Denison Parking Inc. v. Davis, holding that a municipality, in this case Indianapolis, could not use the ordinance to impose a duty to clear a sidewalk.
In the lawsuit, Barbara and Jack Davis sued Denison Parking after Barbara fell on a slippery sidewalk adjacent to the facility and injured herself.
Denison Parking’s lawyers argued the facility did not have a duty to Davis to clear snow and ice from the public sidewalk and the court agreed.
Even with that tidbit of nuance to the tricky ordinance, Olsen said the department just wants people to come together to shovel sidewalks.
“We encourage people to check on their neighbors and see if they need help clearing their sidewalk or driveway,” Olsen said. “You also can reach out to a local church, which may have a team of volunteers helping people dig out. There’s also the option of hiring a contractor or calling 211 for assistance.”
Adam Allender shovels the sidewalk Monday, Jan. 6, 2025, near Highland Park in Indianapolis.
Jade Jackson is a Public Safety Reporter for the Indianapolis Star. You can email her at Jade.Jackson@IndyStar.com and follow her on X, formally Twitter @IAMJADEJACKSON.
This article originally appeared on Indianapolis Star: Here’s something interesting about the city’s snow shoveling ordinance