Brookhaven, GA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Section 17-6 reaches any obstruction placed or maintained in the right-of-way of a public road, street or other easement in the city. The section names shrubbery, signs and fences and then adds "or whatever", so the test is the effect, not the object: the item must interfere with the clear view of motorists or the free passage of pedestrians.

Enforcement starts on paper. The police department or the code enforcement department sends a written notice to three parties: the owner of the obstruction, the owner of the land abutting the right-of-way where it sits, and the person in possession of the property. The notice must state the nature of the obstruction, say that it interferes with the clear view of motorists or the free passage of pedestrians, and give ten days from the date of the notice to remove it.

If the person notified fails or refuses to remove the obstruction within the time allowed, the department issues a summons to appear in municipal court on a day certain to stand trial. After a conviction for the first offense, a person who keeps refusing to remove the obstruction commits a new violation every day it remains intact, and the department issues a summons for each of those days without first issuing the written notice.

Separately, section 17-59 lets the public works department or the code enforcement department remove any signs located in public rights-of-way. Section 17-6 was last amended by Ordinance No. 2019-02-04 on February 12, 2019.