Fresno's Sidewalk & Pedestrian Rules: The Rules That Matter

Every city handles sidewalk & pedestrian rules a little differently. In Fresno, California, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Encroachment Permits

Fresno requires an encroachment permit from the Public Works Director before anyone occupies or uses the public right-of-way for a private purpose. FMC § 13-219 conditions approval on a recorded indemnity covenant, a complete application, paid fees, a finding that the encroachment serves a legitimate purpose with no feasible alternative, and a finding that it will not harm public health, safety, or welfare.

Key details: Governing section: FMC § 13-219, added Ord. 79-80 (1979). Permit issuer: Public Works Director. Required covenant: Recorded indemnity agreement from adjacent owner. Non-compliance result: Mandatory permit revocation, structure removal ordered. Appeal path: To City Council under § 13-216 procedure.

Encroaching on a public right-of-way without a valid, current permit violates § 13-219 outright, and a permittee who breaks any permit or covenant condition faces mandatory revocation plus a Director's order to remove every structure from the encroachment area. Because Chapter 13 does not set a distinct fine for this section, an unpermitted encroachment also exposes the responsible party to the Code's general misdemeanor penalty under § 1-304: up to a $1,000 fine, up to one year in jail, or both.

This is not one of those rules that cities tend to ignore. Fresno actively enforces its encroachment permits requirements.

Sidewalk Repair

Fresno property owners whose lots front a public street must maintain and repair the abutting sidewalk under FMC § 13-217, following the standards in Streets and Highways Code Chapter 22, Part 3, Division 7. The city itself repairs sidewalk damage caused by street trees or monolithic curb-and-gutter, but the owner stays on the hook for any damage the owner, an agent, or someone under the owner's control causes.

Key details: Governing section: FMC § 13-217, added 1965, amended 1997. Default duty: Abutting owner maintains and repairs sidewalk. City repairs: Tree-root damage and monolithic curb/gutter. State law applied: Sts. & Hwy. Code Ch. 22, Pt. 3, Div. 7. Fee waiver: No permit/inspection fee for required sidewalk repairs.

An owner who ignores a Director's notice to repair a hazardous sidewalk, or who caused the damage personally, through an agent, or through someone under their control, remains liable for the repair cost and can be billed by the city if repairs proceed under the Streets and Highways Code's assessment procedure. Chapter 13 sets no separate fine for § 13-217 itself, so continued noncompliance with a repair order falls back on the Code's general enforcement tools in Chapter 1, Article 3, including administrative citations.

Obstruction Rules

Fresno bans standing or sitting in any street in a way that blocks or annoys people passing by, and bans blocking the entrance to a church, hall, theatre, or other place of public assembly. FMC § 13-109 covers streets generally, including sidewalks within the public right-of-way, and violators face the Code's general misdemeanor penalty.

Key details: Governing section: FMC § 13-109, added Ord. 67-138 (1968). Prohibited conduct: Standing/sitting to block or annoy passersby. Also covers: Blocking entrances to churches, halls, theatres. Default penalty: Up to $1,000 fine / 1 year jail (§ 1-304). Related nuisance rule: § 13-223 public right-of-way obstructions.

Standing, sitting, or otherwise blocking a street or sidewalk so pedestrians cannot pass, or blocking the entrance to a church, hall, theatre, or assembly hall, violates § 13-109. Because no chapter-specific penalty applies, the general Code misdemeanor penalty in § 1-304 governs: up to a $1,000 fine, up to one year in county jail, or both, with the City Attorney able to charge it as a lesser infraction and each day of continued obstruction billed as a separate offense.

The Bottom Line

Fresno's sidewalk & pedestrian rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fresno is broadly strict or permissive.

All of the above reflects Fresno's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.