City of River Falls, Wisconsin, Municipal Code 12.04.030 Snow and ice removal.

• A. Sidewalks to be Kept Clear. The owner or occupant of any lot or parcel shall, within twenty-four (24) hours of cessation of each continuous period of snowfall, remove all snow and ice which may have fallen or accumulated upon the sidewalk in front of such lot or parcel, provided when ice or packed snow has so formed that it cannot be removed, the owner or occupant shall keep the same sprinkled with a nonskid material which will prevent the sidewalk from being dangerous to pedestrians. This requirement shall also apply to the main sidewalk as it extends from a corner lot to the curb line of an intersecting street. If the owner or occupant fails to comply with this subsection, the city shall cause the snow or ice to be removed or sprinkled as required in this subsect ion, the cost thereof to be charged to the owner of the property, who will be billed for such services within thirty (30) calendar days. The owner of the property shall pay all charges so billed within thirty (30) calendar days of the date of invoice. Failure to compensate the, city within thirty (30) calendar days of the date of invoice will result in a penalty of twelve (12) percent per annum being added to the cost of the services billed. Failure to pay the city for the services billed will result in the costs being assessed against the property as a special tax, and all costs delinquent from the previous winter will be entered upon the tax rolls each December 1st.

• B. Deposits of Snow Restricted. Excepting the clearing of snow from sidewalks or entries located upon a public right-of-way, no person shall cause snow to be deposited on boulevards, sidewalks, streets or avenues or any other city owned property with permission therefore from the city. Payment of a fee sufficient to reimburse the city for the cost of removing any snow so deposited without permission may be required.

• C. Depositing of Snow on Private Property. All snow from private property (driveways or parking lots) shall be either deposited on the originating owner’s property or hauled away by the owner on their agent. Property owners shall not place their snow on other property without permission from the owner of the other property. (Prior code § 8.04)

This ordinance can be found online in the electronic version of the River Falls, WI Municipal Code, using the hyperlink listed below and navigating to Title 12 Streets Sidewalks and Public Places, Chapter 12.04 Streets and Sidewalks Generally, Section 12.04.030 Snow and Ice Removal.  

• http://municipalcodes.lexisnexis.com/codes/riverfalls/

Q: If a municipal ordinance requires property owners to remove snow and ice from sidewalks abutting their property, are the property owners liable for injuries resulting from a failure to remove snow or ice from a sidewalk?

A: No.  Although a municipality can, by ordinance, require property owners to remove snow and ice from sidewalks abutting their property, the owner of premises abutting a municipal sidewalk are not responsible to individual for injuries that result from the failure to remove snow or ice from the sidewalk.  The long-standing rule in Wisconsin is that maintenance of a municipal sidewalk is a non-delegable duty and therefore, the municipality rather than the landowner is responsible for injuries caused by traveling on a snowy or icy municipal walk.  However, municipalities are afforded some protection by Wisconsin Stat. sec. 81.15, which prohibits an action for damages for injuries sustained because of a natural snow or ice accumulation unless the accumulation existed for three weeks.