Evening journal., 1896-01-15
CITY'S ICY SIDEWALKS.
A Decision as TO the Response.
bility of Departments.
THE CITY soLIoIToEa OPINION
he Dsfaes tho Duties and Powers oi
the Street and Sewer, water and Poiics
Departments, and the beard OF Health
and Then Suggests Practical Remedy
Text Of the Opinion.

/ heEAftmenH hhu tno hohfu OF haattns
and Thsn Suggests Practical Remedy.
Text Of the Opinion.
The subject Of responsibility for the
| 10y condition OF the sidewalks OF the city
has been one which has bothersd the
police, the Street o. Sewer Directors
and the Board Of He b for some time
| With a view Of de- itely settling the
matter, Secretary Colquhoun Of the Board
Of Health apksd City Solicitor HGrman
for q decision which that cficial has
rendered. The text Of the decision is AZ
follows:
Text OF the Decision.
"To the Board OF Health,
"0EETLEMEN Your letter In regard
to icy cutters. streets and sidewalks
caused by the unnecessary running Of
water by csreless servants, housewives
and other persons, and which depart
nsnt should take cognlzknee Of the same,
has been received. We may add, At the
very sutsst, that It is net the ssls and
exclusive duty. Ia sach and every n
stance, OF any one particular department,
to assume the responsibility fer the
above atata Of aGairn and to remedy the
Hama
Oa the contrary, az the Strsst and
Sewer Department, the Board OF Health,
the Water Department and tho POLES
Department, arc all co ordinate branches
sf tho municipality, and a. the above
otjactionRbls features fall mere or las1
within the province OF each OF said
departments, We bslievs Il TO be the
duty, In common, OF secb Of said depart
msnts. TO CO operate With one another
and to act, IN more or less general
way, according 10 tho circumstances Of
each particular case
The Duties Of Each Department..
"rhus It is the duty Of the Strest and
Sewer Department. TO keep the streata
free aud clear 81 all 'obstruetlons aud to
render the Same safe for the travelling
/ public; it is the duty OF the Water
Department to prevent the unneoestary
waste Of pure drinking water; Il ls the
duty OF the Board Of Health 90 prevent
even pure drinking water frsm upnecss-
TsIily flowing uPon the premises 81
nuether; 10 prevent tha improper
hoWsEe Of waste or refuse water.
and, Ia general. water used
far culinary purpoFss Ia suck way that
IL will settle In pools, Ia the alleys.
| CUTTERS, ptVsmonts or streets; and
especially to prevent the same fran
spreading ovsr promises Of other property
owners; aud this, 10 particular. when
such water 10 calculated to become more
or leEa detrimental to ;hs public hsslth
In a wsrd, whau it is likely TO become a
nuishnos. Aud lastly IL Is the duty Of
the police department to take cognlzanos
OF and to report All violations Of the law.
Street and Sewer Department.
"The Street and SsWer Department.
not having ample psiisa powers, cannot
rsmsHstra astlVsly with suck asrslist
persons, and ns It's Jurisdiction extends
only from "building line 10 building
lins," thus, excluding Il from entsring
upon the private premises Of such care
less psrsons, Il will clearly be sees that
It can only act after ths evil complained
Of has already taken place; and when
aud only when and 20 oftsn as the sans
oscurs. II might thus be kspt
busy all Winter. during freszlng
weather, In attending 10 this matter
alone, and yet b. accomplish
ing no PR 5ieAl good whatever, since the
evil would be constantly arising. and
more quickly than II could be remsdied.
Again, a. cities are generally not acid
liRb,s 10 respond In damages for ipjurloa
arising from the mere slippsrinsar Alsns,
OF icy sidewalks, unless there he some
structural defect Ia the Sidewalk proper,
Itself but emily In those cases Whsrs tho
lee has bscsms rough, uneven aud
! rdgy," so % 70 make 10 = legal
obstruction" and As the duty Of the
Street and Sewer Department, In this
respect can be fully discharged by
csniining itself ts the nsties Of such icy
"obstructisns." the real nuisance
(smooth icy pAvemsnts) to the travelling
public, would sill continue to sxist
They Have Police Powers.
THE Water Department aud Board Of
Health. hoWsver, have such pallce
pow0rs, az, By proper exercise OF the
same, can effectively put a stop TO the
whole matter, sincs beth departments
have a right to enter upon the premises
and thus strike At tha sources Of tho
whols evil The Board Of Health. by
@ tupslllnR such premises ts be connected d
with the sewer, II sewer there b..
Whenever. in It's judgment, public
health requires IL, and generally In
abating all nulsAncss wherever they are
found to exist; ard the Water Depart
mont by csmpletely shutting of the
water Itself II such poraens continue 10
ignore their proper orders.
Penalties for Violations.
"In addition to ths suAnary powsrs sf
the lest TIVE mentioned depsrtmsn o.
there are alss suitable penalties attached
for the violation Of thsse ordinances that
refer 10 ths unHsosssary running Of
water and the creation Of nulsansss. aud
also FOR the permitting Of "sbstruetions"
to be, and rsuain, on the streets azd
sidewalks Of the city. Aud II such de
pArtnsnts. and especially the pslios de-
Partnsnt, after due nstiss and fair
warning, onos given. should act pronptly
End dstsrninsdly, and kavs arrsatsd and
fnsd all such violatsrs Of the law. We
thiDk the nuisancs cenplaines Of would
soon hs thing 81 TIE past Mers alp
psriAsFs OF tke sidewalk alens, however,
II tbs lee be not rsuEh or "ridEy," Es We
lave absVs stated, WoSld hardly be auch
lsgEl ''obstructiSn" as, fer the main
tonRncs Of the same weuld Justify the
arrest Of the tenant or property swaer in
frsnt Of whose premises the sEns shsuld
be found
The Remedy suggested.
"And a. the only ordinance bearing
upon that subject that We now have.
| rolateq to snow and hail thua Having