Sidewalk & Pedestrian Rules in Tempe, AZ

If you live in Tempe or are thinking about moving there, sidewalk & pedestrian rules are one of those things you probably won't think about until they affect you directly. Tempe has 3 specific rules on the books covering different aspects of sidewalk & pedestrian rules, and some of them might surprise you.

Encroachment Permits

Tempe requires a City Engineer permit or license before anyone builds, places, or maintains anything in a public right-of-way. Section 29-19 splits temporary encroachments like awnings and signs, which need an encroachment permit, from permanent ones like buildings or wireless facilities, which need a license, and working without either adds an investigation fee.

Key details: Permitting authority: City Engineer, Public Works Department. Temporary encroachments: Need an encroachment permit (awnings, signs). Permanent encroachments: Need a license (buildings, wireless facilities). Notice before work: 24 hours' notice to City Engineer. No-permit penalty: Added investigation fee under § 29-18(b).

Working in the right-of-way without the required encroachment permit or license triggers an investigation fee in addition to the permit or license fee under Section 29-18(b). The City Engineer can revoke a permit or license for noncompliance; the holder has ten days from the revocation to file a written appeal with the City Manager under Section 29-18(d). Other Code violations default to the Section 1-7 penalty of up to $2,500 and six months in jail.

This is one of the stricter rules in Tempe's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Sidewalk Repair

Tempe puts the duty to keep sidewalks in good repair on the adjacent property owner, not the City. Section 29-2 requires everyone to keep the sidewalk fronting their premises, plus the strip between the curb and right-of-way, free of grass, weeds, and rubbish and in good repair.

Key details: Governing section: City Code § 29-2. Who's responsible: Owner/occupant of the abutting premises. Covered area: Sidewalk plus strip to curb line. Related duties: Trim trees, maintain ditches, clear alley to center. Default penalty: Up to $2,500 fine or 6 months jail.

Section 29-2 carries no fine schedule of its own, so failing to keep an abutting sidewalk in repair defaults to the Code's general penalty, Section 1-7: a fine up to $2,500 plus surcharges, up to six months in jail, or both. Where the City has to step in and do the work itself, such as new sidewalk construction under Section 29-63 or alley dustproofing under Section 29-3, the cost is recovered from the property owner as a recorded lien, collected the same way as delinquent property taxes.

Obstruction Rules

Blocking a Tempe street, alley, or sidewalk with anything that hinders its free use is illegal under City Code Section 29-21. The City Engineer can grant written, temporary exceptions for construction work or building moves, but even a permitted obstruction cannot stay longer than needed, and general obstructions default to the Code's $2,500 general penalty.

Key details: Governing section: City Code § 29-21. What's barred: Any obstruction hindering free use of ROW. Exception process: Written temporary permit from City Engineer. Permit grounds: Undue hardship or public safety necessity. Default penalty: Up to $2,500 fine or 6 months jail.

Section 29-21 carries no standalone fine schedule, so an obstruction violation defaults to the Code's general penalty, Section 1-7: a fine up to $2,500 plus surcharges, up to six months in jail, or both, with each day the obstruction remains counted as a separate offense. A citation under Sections 1-8 and 1-9 gives the responsible party fourteen days to pay or request a Tempe Municipal Court hearing before a default judgment is entered.

The Bottom Line

Tempe'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 Tempe is broadly strict or permissive.

Keep in mind that Tempe 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.