Elkhart could eliminate mandate that homeowners shovel sidewalks

(Sam Householder/The Elkhart Truth)

ELKHART, Ind. (AP) — Elkhart could soon repeal an ordinance that requires homeowners to clear snow from the sidewalk in front of their homes.

The Elkhart City Council took up two proposals last week that would eliminate the snow-shoveling requirement it passed in 2009.

Elkhart Mayor Tim Neese questions the legality of the provision, which carries a fine of $25 for residents who don’t clear their sidewalk within 24 hours of a snowfall.

The Elkhart Truth reports city attorney Randall Arndt says state courts have ruled cities may not require sidewalk snow removal.

Councilman Brian Dickerson questions whether the city can legally enforce the measure because sidewalks are on public right of way. He and councilman Adam Bujalski expect the ordinance to be repealed by the end of the year.

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