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Council adopts ordinance banning obstructions that impede sidewalks and public ways; DOT coordination added
Summary
To address pedestrian safety and repeated complaints about obstructions on sidewalks and rights of way, the council voted to adopt an ordinance making it unlawful to obstruct sidewalks, streets or other public right-of-way. The ordinance includes enforcement mechanisms and staff will coordinate outreach and an implementation period; the council
Fayetteville councilors adopted a revised ordinance on Jan. 6 that prohibits obstructions in public streets, sidewalks and rights of way. Staff said the change fills a gap in local code: while the city has general responsibilities for maintaining public ways, current city ordinances did not explicitly prohibit certain obstructions created by merchandise, improperly stored materials, construction debris, gasoline pumps, or individuals and objects that prevent pedestrian travel.
City attorney and public‑services staff drafted the ordinance to define “impede” and “obstruction” and to clarify the city’s authority to remove or require removal of items that block pedestrian movement or create hazards. The draft includes enforcement tools (civil citations and environmental/court remedies) and contemplates public education and an implementation period before strict enforcement begins. Staff referenced a downtown incident in which a person placed makeshift bedding on a sidewalk near the courthouse and asked whether the city had legal authority to act; staff said existing law did not provide clear enforcement authority and the new ordinance closes that gap.
Council discussed protections and exceptions for people with disabilities and said the ordinance is intended to increase pedestrian safety—particularly near parks, courts and high‑pedestrian corridors—rather than to criminalize homelessness. Staff told council they would prepare an outreach and education plan, and the council requested a reasonable implementation window prior to enforcement. The body also asked staff to coordinate with the North Carolina Department of Transportation on sidewalks along state roads where different jurisdictional rules apply.
A motion to adopt the proposed ordinance, with direction to coordinate with DOT and an implementation/education period before strict enforcement, passed on a recorded voice count; the transcript shows the motion carried 9–1, with Councilmember Benavente voting in opposition. Staff said the ordinance will be scheduled for formal adoption on the next meeting agenda and that enforcement would begin after a public‑education period.
