Clearing snow from sidewalks under the microscope. Małgorzata Manowska wants to change the regulations
Pursuant to Art. 5 section 1 point 4 of the Act on maintaining cleanliness and order in municipalitiesas “Rzeczpospolita” reminds, Property owners are obliged to remove mud, snow, ice and other debris from sidewalks along their plots.
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However, this provision does not apply to sidewalks where paid parking or parking is permitted. In practice, this means that people who own properties on streets with sidewalks must take care of their condition, even if they do not own them.
Małgorzata Manowska emphasizes that the state should not impose on citizens the obligation to keep sidewalks that are public property clean. He points out that property owners do not always live in a place where they are obliged to do so. It also points to the difficulties that older people who do not have the strength to clear snow from sidewalks may face.
The history and consequences of snow removal obligations
The obligation to keep sidewalks clean has been in force since 1996 and has been controversial from the very beginning. As “Rzeczpospolita” reminds, in 1997, the Constitutional Tribunal had already considered a complaint against this provision, filed by the Ombudsman and the Polish Union of Real Estate Owners. The Tribunal then found that the regulation was consistent with the constitution and necessary to protect the public interest. Cleaning sidewalks by property owners was then considered the most effective way to maintain order.
However, now the President of the Supreme Court has decided to question these provisions again. As she explains, the opinion she recently received from the Supreme Court's Office of Studies and Analyzes prompted her to make this decision.
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Małgorzata Manowska points out that in her application to the Constitutional Tribunal she refers to a different constitutional model than the one considered in the 1990s. In her opinion, significant social and ownership changes have occurred since 1997, which justify a re-analysis of the regulations.
Criminal and civil liability for a sidewalk not cleared of snow
The property owner may be liable both criminally and civilly for failure to comply with the obligation to keep the sidewalk clean. According to the Code of Petty Offenses, neglecting this duty may result in a reprimand or a fine of up to PLN 1,500. zloty.
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The civil consequences can be even more serious – A person who suffers damage on an uncleaned sidewalk may demand compensation from the owner of the adjacent property.
