How Montgomery Handles Sidewalk & Pedestrian Rules: A Practical Guide
Montgomery maintains 101 local ordinances across all categories, and 2 of those deal specifically with sidewalk & pedestrian rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Montgomery falls on the strict-to-permissive spectrum compared to other cities.
Encroachment Permits
Montgomery, Alabama bars any building feature from projecting into the public right-of-way above grade and below 8 feet high, except where a door or window may swing open up to 48 inches if fitted with a low guard to protect pedestrians.
Key details: Prohibited zone: Above grade, below 8 feet high. Door/window exception: Up to 48 inches into right-of-way. Required guard height: No greater than 42 inches. Governing section: IBC Subsection 3202.2, as amended. Adopting ordinance: City Code § 5-71(a).
An encroachment that projects into the public right-of-way above grade and below 8 feet without qualifying for the door/window exception, or a qualifying opening built without its required 42-inch-maximum protective guard, is an unlawful encroachment under the amended Building Code and subject to the code's general building-code enforcement and correction-order process.
Obstruction Rules
Montgomery makes it unlawful to stand, loiter, walk, or run on a public street so as to block free passage, and the code's definition of 'street' expressly includes sidewalks. Sec. 18-205 also lets police order loiterers to move on and bars lying prone on a street during a demonstration.
Key details: Prohibited: Standing/loitering/walking that blocks passage. "Street" defined to include: Sidewalks (Sec. 18-201). Police authority: Can order a loiterer to move on. Also banned: Lying prone on street during demonstration. Penalty: Fine $1.00-$500.00 or up to 6 months jail.
Obstructing a Montgomery street or sidewalk under Sec. 18-205 is punished under section 1-6 of the Code, the general penalty provision, which allows a fine of $1.00 to $500.00, up to six months in city jail, hard labor for up to six months, or a combination. Refusing a police order to move on is a separate violation of the same section.
The Bottom Line
Montgomery'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 Montgomery is broadly strict or permissive.
Keep in mind that Montgomery can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.