2015 -- H 5801

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LC002017

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HIGHWAYS—CONSTRUCTION AND MAINTENANCE OF STATE

ROADS

     Introduced By: Representatives Williams, Lombardi, Barros, Palangio, and DeSimone

     Date Introduced: March 05, 2015

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 24-8 of the General Laws entitled "Construction and Maintenance

of State Roads" is hereby amended by adding thereto the following sections:

     24-8-15.1. Snow and ice removal -- City or town priority plan. – (a) Cities and towns

required to maintain state roads pursuant to this chapter shall develop and implement a "snow

removal priority plan" which emphasizes safety and efficiency. The plan shall include, but not be

limited to, the following levels of priority to be assigned to various roads and/or facilities:

     (1) Level one snow removal priority status shall apply to all roads and bridges including

dead end streets, public transportation stops, residential health care facilities and/or any facility

for the elderly and/or disabled. Level one priority status pursuant to this section means that any

division of state or municipal government shall keep clear from obstruction from snow all areas

included under this section prior to or in conjunction with any other area deemed a priority by a

state or municipal agency.

     (2) Level two (2) priority status shall apply to all roads, bridges and/or facilities not

included in subsection (a)(1) of this section.

     (b) Cities and towns shall be provided twenty-four (24) hours within which to commence

snow removal pursuant to this section. The time table begins once the areas are obstructed and

obstructions shall be completely removed within three (3) days.

     24-8-15.2. Snow and ice removal – Private maintenance of public pedestrian

facilities required. – Wherever snow and ice removal on or around state property shall be the

express responsibility of any private party pursuant to a state or municipal contract or agreement,

the following shall apply:

     (1) Snow and ice shall be removed from any area or structure which the state or any

municipality has expressly designated pursuant to contract or agreement to be maintained by a

private party for snow and ice removal. Snow removal pursuant to this section shall commence

within twenty-four (24) hours after the areas required to be maintained become obstructed. Said

private party shall then have three (3) days within which to remove the obstruction completely.

Removal of the obstruction for purposes of this section shall including clearing an access path

and keeping all surrounding areas to any structure clear of snow and ice. A "structure" for

purposes of this section shall include, but not be limited to, any public transportation stop, school

bus stop, cross walk and other areas where state property is maintained by a private party and

used for public uses.

     (2) If snow is allowed to remain in any area mentioned herein so as to obstruct reasonable

passage to the area or structure for twenty-four (24) hours after the area becomes obstructed, said

private party shall be in violation of this section and shall be fined not less than one hundred

dollars ($100) nor more than five hundred dollars ($500) per violation.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS—CONSTRUCTION AND MAINTENANCE OF STATE

ROADS

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     This act would require cities and towns to implement a snow removal priority plan to

place a degree of importance when removing snow from certain roads and facilities and would

require private parties maintaining state-owned areas to keep areas clear within twenty-four (24)

hours of the area becoming obstructed, or face fines for failure to do so.

     This act would take effect upon passage.

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