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Buffalo, NY Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Prohibited
Willful obstruction of streets, crosswalks, sidewalks
Picketing exception
Peaceful labor picketing, no unreasonable block (§ 413-5(B))
Fine class
Class D: $100 initial, $300 max total
Related duty
Owner/occupant must clear encroachments (§ 413-7)
Encroachment permit path
Apply to Commissioner, Council may allow up to 6 ft

Summary

Buffalo makes it unlawful to willfully block any public street, crosswalk, or sidewalk, or the entrance to a church, theater, hotel, public hall, or railroad depot, under City Code § 413-5(A). Peaceful labor picketing is carved out under § 413-5(B) so long as it doesn't unreasonably obstruct the street or sidewalk in front of the picketed premises.

No person shall willfully obstruct any public street, crosswalk or sidewalk or any passage into any church, theater, hotel, public hall or railroad depot or on board of any boat.

B. Notwithstanding the foregoing provisions of this section, peaceful picketing of any of the foregoing premises where a strike has been called by a bona fide labor union or its superiors and without unreasonable obstruction of the street or sidewalk in front of said premises is hereby allowed.

Full Breakdown

Section 413-5 sits within Chapter 413's Article I, General Provisions, which opens at § 413-1 by declaring that public streets are for pedestrian and vehicle passage 'uninterrupted and unobstructed' throughout their full width, subject to a narrow encroachment path: an owner can apply to the Commissioner of Public Works, and the Common Council may then authorize a structure to extend up to six feet into the street. Section 413-7 puts a parallel duty on the owner or occupant fronting a street to remove unlawful encroachments, projections, and dangerous conditions in the street in front of their premises; if they don't, the Commissioner of Public Works does the work and bills the cost through a Council assessment.

A companion section, § 413-4, separately bans depositing dirt, rubbish, or debris on streets and requires a Commissioner-issued permit before placing a dumpster or similar large container in a public street, with unpermitted dumpsters drawing their own Class J fine under § 137-7. Chapter 413's general-provisions sections, including §§ 413-1, 413-2, 413-3, 413-5, 413-7, 413-10, 413-11, and 413-12, are grouped together in the City's own Schedule of Fines and Penalties under a single fine class.

Violations & Fines

Willfully obstructing a street, crosswalk, or sidewalk under § 413-5 is a Fine Class D violation per § 137-7: a $100 initial penalty, a $100 additional penalty, and a $300 maximum total fine. Under the citywide general penalty at § 1-15, a continuing obstruction can be treated as a separate violation for each day it remains in place.

Frequently Asked Questions

Is it illegal to block a Buffalo sidewalk with a table or display?
Yes. Section 413-5(A) makes it unlawful to willfully obstruct any public street, crosswalk, or sidewalk, or the entrance to specified public buildings, and it applies citywide regardless of the type of object doing the blocking.
Can a Buffalo business get permission to extend into the sidewalk area?
Yes, through a separate process: § 413-1 lets an owner file a plot plan with the Commissioner of Public Works, and the Common Council can then authorize an encroachment into the public street of up to six feet.
Does picketing count as illegal obstruction in Buffalo?
No. Section 413-5(B) specifically exempts peaceful picketing during a bona fide labor union strike, provided it doesn't unreasonably obstruct the street or sidewalk in front of the picketed premises.
What's the fine for illegally obstructing a Buffalo street or sidewalk?
Section 413-5 is grouped with Chapter 413's other general provisions as a Fine Class D offense under § 137-7: a $100 initial penalty, a $100 additional penalty, and a $300 maximum total fine per violation.

Sources & Official References

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