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Council approves ordinance outlawing obstruction of streets and sidewalks after debate over enforcement and homelessness
Summary
Council adopted an ordinance making it unlawful to impede traffic or block sidewalks, setting a penalty up to $50 or class 3 misdemeanor; several members urged amendments to add a warning and referral to services for people experiencing homelessness.
Fayetteville City Council on April 28 adopted an ordinance that makes it unlawful to impede the flow of traffic in a street or to block a sidewalk, a change staff said fills a gap in the city code.
City Attorney’s Office staff told council the ordinance targets conduct that “renders the use of a street or sidewalk unreasonably difficult or dangerous.” Penalties noted in the presentation include a fine up to $50 and the ordinance language permits class 3 misdemeanor prosecution; staff proposed an effective date of May 26, 2025.
The measure drew extended debate. Councilman Benavente said he supported enforcement “but not without alternatives” and pressed for an amendment to require warnings and referrals to the day resource center or other services before citations are issued: “If we can start to help folks before we have to hurt folks, that's going to be my interest,” he said. Council member McNair asked whether people would first receive a warning or be offered shelter resources; staff said the ordinance as drafted does not require a warning and would need an amendment to do so.
Council members also noted public-safety concerns. Mayor Mitch Colvin and others described instances where people sleeping or camping on sidewalks created hazards for residents, including people using wheelchairs, and said the city needs a tool to address obstructed sidewalks as well as outreach to connect people to services.
On the council floor, Councilman Benavente moved an amendment to remand the ordinance back to staff for addition of a warning and referral process; that motion failed for lack of a second. The council then moved to approve the ordinance as drafted. Motion to approve was made by Councilman Thompson and seconded by Councilwoman Davis. The ordinance passed on a 7–3 vote.
Staff told council they would work with communications to run a public-education campaign about the new rule in the weeks before the effective date. The city clerk recorded votes; the ordinance becomes effective as posted and will be enforced consistent with the city's code and any subsequent amendments Council adopts.
