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

Every city handles sidewalk & pedestrian rules a little differently. In Scottsdale, Arizona, 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

Scottsdale requires a permit for private improvements in the right-of-way (PIR) before anyone builds or installs anything private in a public street, sidewalk or easement area. The Right-of-Way Supervisor decides whether a PIR or a work permit (PWR) applies, and that call is final.

Key details: Permit for private items: PIR under Sec. 47-51. Permit for work/activity: PWR under Sec. 47-50. Deciding official: Right-of-Way Supervisor (final). No-permit landscaping height: Under 18 inches, no alleys. Fine, no PWR obtained: $400.00 minimum per day.

Working in the right-of-way without a required PWR, or continuing to work after one expires, is a civil offense carrying a minimum fine of $400.00 per day under Sec. 47-102(c) and (d). Placing an encroachment that creates an imminent risk of injury or death carries a $1,500.00 per-day minimum fine under Sec. 47-102(a); unauthorized paving, construction or drainage changes in the right-of-way carry a $1,000.00 per-day minimum under Sec. 47-102(b). Sec. 47-104 also lets the city stop work, revoke the permit, and remove or restore the encroachment at the responsible party's expense.

Sidewalk Repair

Scottsdale places the sidewalk squarely on the adjacent property owner's maintenance list. Sec. 47-47(f) names the sidewalk, the adjoining right-of-way strip, the adjacent alley, and any multi-use path or trail as things the owner must keep up unless the city has authorized otherwise in writing.

Key details: Sidewalk maintenance duty: Owner of adjacent property. Governing list item: Sec. 47-47(f)(4), "The sidewalk". Also covers: Adjacent alley, multi-use paths/trails. City's own duty: None unless improved to city standards. Enforcement fine: $400.00 minimum per day.

An owner who lets a sidewalk go unmaintained or fails to act as the city directs is subject to a minimum $400.00 per-day civil fine under Sec. 47-102(e) (failure to maintain or remove as directed) and Sec. 47-102(i) (failure to act where an act is required). Sec. 47-101 lets a Scottsdale police officer, police aide, the city attorney or the Right-of-Way Supervisor bring the civil complaint, and Sec. 47-104 lets the city perform the sidewalk repair itself and charge the cost to the owner, with the bill becoming delinquent, and a late charge added, 30 days after mailing.

Obstruction Rules

Scottsdale bars placing or maintaining anything in the public right-of-way, which by code includes the sidewalk, without written city authorization. Only a short list of low-profile improvements is exempt; everything else needs a permit, and unauthorized encroachments draw daily civil fines and city-ordered removal at the owner's expense.

Key details: Governing rule: No encroachment without written city OK. Sidewalk status: Part of right-of-way (§ 47-47(f)(4)). Unpermitted plant height limit: 18 inches above curb. Structures barred outright: Walls, fences, sculptures. High-risk encroachment fine: $1,500 minimum per day.

Under § 47-102, encroachments creating an imminent risk of injury or death within the right-of-way draw a minimum fine of $1,500 per day; unauthorized paving, construction or drainage changes draw $1,000 per day; and other prohibited acts under the chapter, including an unauthorized encroachment under § 47-46, draw a minimum $400 per day. Section 47-104 lets the city stop work, order removal or restoration at the responsible person's expense, declare the encroachment a nuisance, and revoke any related permit.

The Bottom Line

Scottsdale'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 Scottsdale is broadly strict or permissive.

These rules come from Scottsdale's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.