Charlottesville, VA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Governing section
- City Code § 28-12
- Delivery exception
- outer margin only, brief use
- Utility poles
- franchise holders, public works approval
- Violation basis
- each hour may be separate offense
- Civil liability
- obstructing party owes resulting damages
- Permit exception
- valid § 28-5 or § 5-57 permit displayed
Summary
City Code § 28-12 bars placing anything in a Charlottesville street or sidewalk, or the air space above it, that hinders foot or vehicle traffic. Merchants may briefly use the sidewalk's outer margin to receive deliveries if the public still has free passage, and anyone who obstructs a right-of-way is liable for resulting damage; each hour a violation continues can count as a separate offense.
No person shall obstruct a street or sidewalk, or the space vertically above the same, by placing therein anything whatsoever which will hinder or obstruct the passage of persons or vehicles in any manner whatsoever. Every hour the violation continues may, in the discretion of the judge of the general district court, be held to be a separate offense. ... Merchants and others, while receiving goods or articles, may place the same on the outer margin of the sidewalk, using as much thereof as may be necessary and no more, if the public is not deprived thereby of the free, easy and comfortable use of the sidewalk. ... Persons placing obstructions on city streets or sidewalks shall be responsible for any damages caused thereby.
Full Breakdown
Section 28-12 of the Charlottesville City Code makes it unlawful for any person to obstruct a street or sidewalk, or the space vertically above it, with anything that hinders the passage of persons or vehicles. The general district court judge has discretion to treat every hour the obstruction continues as a separate offense, which multiplies exposure for a business that leaves furniture, merchandise or equipment on the sidewalk overnight.
The section carves out three narrow exceptions. Public utility companies holding a franchise may place poles as needed for their business, but only where the director of public works directs. Merchants receiving deliveries may stack goods on the sidewalk's outer margin, using no more space or time than necessary, as long as the public keeps free, easy and comfortable use of the walk; police officers may order goods moved immediately if they judge the sidewalk obstructed. Anyone holding and displaying a valid temporary-use permit issued under § 28-5 or a building permit under § 5-57 is also excused from the general obstruction ban.
Beyond the criminal exposure, § 28-12(b) makes anyone who places an obstruction civilly responsible for any resulting damage, and § 28-13 separately requires the police to report permanent obstructions to the director of public works, who can order the responsible party to remove them or have the city do it at that party's expense, plus court-imposed fines. The city's charter, at § 14(1)-(2), gives council the underlying authority to prevent and remove street encroachments and obstructions that this chapter implements.
Violations & Fines
An unexcused obstruction violates § 28-12 and, because the code allows every hour of continuation to be charged as a separate offense at the judge's discretion, fines can accumulate quickly for equipment, scaffolding, or merchandise left blocking a sidewalk. The person who placed the obstruction is also liable for any resulting personal injury or property damage under § 28-12(b), independent of any criminal penalty imposed.
Frequently Asked Questions
Can a store put merchandise or a sign on the sidewalk in Charlottesville?
How is a sidewalk obstruction violation charged?
Who pays if someone is hurt by a sidewalk obstruction?
Sources & Official References
Other rules in Charlottesville
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