Snow Removal
What is Maine's Law on Snow Removal
Roads
23 MRS §1001 states, in part, “Improved state highways shall be continually maintained, and the snow removed from such sections of designated state highways as the department may determine, under the direction and control of the department at the expense of the State.” 23 MRS §1003 states, in part, “Towns shall keep state aid highways cleared of snow during the winter season or such part of the year as the department may direct, so that they may be reasonably usable by motor vehicles.”
Several statutes (23 MRS §1005-A, 23 MRS §3201, 23 MRS §3651, and 23 MRS §3655) might address damages and liability related to snow on state or local roads.
29-A MRS §2396(4) states, “A person may not place and allow to remain on a public way snow or slush that has not accumulated there naturally.”
Sidewalks
There appear to be no state statutes requiring property owners remove snow from sidewalks. 30-A MRS §3009(1)(A) states, “The municipal officers may regulate pedestrian traffic in the public ways, including, but not limited to, setting off portions of a municipality's public ways for sidewalks and regulating their use; providing for the removal of snow and ice from the sidewalks by the owner, occupant or agent having charge of the abutting property; and establishing crosswalks or safety zones for pedestrians.”
23 MRS §3658 states, “No town is liable to an action for damages to any person on foot on account of snow or ice on any sidewalk or crosswalk nor on account of the slippery condition of any sidewalk or crosswalk.”
Motor vehicles
29-A MRS §2396(2) states, in part, “A person may not operate on a public way a vehicle with a load that is not fastened, secured, confined or loaded to reasonably prevent a portion from falling off. For the purposes of this section, "load" includes, but is not limited to, firewood, pulpwood, logs, bolts, snow, ice or other material, but does not include loose hay, pea vines, straw, grain or cornstalks.” Subsection 4 states, “A person may not place and allow to remain on a public way snow or slush that has not accumulated there naturally.”
29-A MRS §2093 states, “The operator of a vehicle with a registered weight under 10,000 pounds shall take reasonable measures to prevent snow or ice on the vehicle from falling off the vehicle while it is being operated on a public way. A violation of this section that causes damage or injury is a traffic infraction subject to a fine of not more than $50 for a first offense and for which a fine of not less than $150 and not more than $250 may be adjudged for each subsequent offense.”
29-A MRS §2082(1) states, “A person may not operate a vehicle with a sign, poster, opaque or semitransparent material or substance on the front windshield, side wing or side or rear window that obstructs the operator's clear view of the way or an intersecting way.”
29-A MRS §2069(2) states, “A law enforcement officer may cause the removal to a suitable parking place, at the expense of the registered owner, of a vehicle interfering with snow removal or the normal movement of traffic or parked within the limits of a right-of-way. The Department of Transportation or the Maine Turnpike Authority may take the same action, through use of their employees or agents, for a vehicle standing on property under their respective jurisdictions.”
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