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

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

Key Facts

Governing section
Town Code § 250-43
First offense fine
Up to $2,500
Repeat offense (2nd, within 18 mo.)
$2,500 to $5,000
Snow/ice removal deadline
36 hours after accumulation
Enforcing agency
Superintendent of Highways / code enforcement
Applies outside villages of
Nyack, Upper Nyack, South Nyack

Summary

Clarkstown bars any encroachment or encumbrance on a sidewalk or street by stock, merchandise, produce, waste material or any other article that obstructs passage. Violators face fines up to $2,500, rising sharply on repeat offenses within 18 months.

Any encroachment upon or encumbrance of any part of the sidewalk or street by any stock of food, merchandise, produce, waste material or any other article or thing that obstructs the sidewalk or street is prohibited.

Full Breakdown

" The rule sits alongside the abutting owner's affirmative maintenance duties in § 250-42: every owner, lessee, tenant or occupant of property fronting a paved sidewalk must keep it clean and free of papers, rags, sticks, leaves, yard waste, earth, rubbish, refuse and hazardous materials, including snow and ice, except on Town-designated school or arterial sidewalks, where the Town itself clears snow and ice. Where a sidewalk is not designated school or arterial, the abutting owner must clear any snow or ice within 36 hours of accumulation.

Section 250-42(C) separately bars sweeping, depositing or draining papers, lawn cuttings, dirt, refuse, sump-pump discharge or contaminated water onto any sidewalk, gutter or street in a manner that creates an icing, ponding or other hazard to vehicles or persons. This applies townwide, but only outside Clarkstown's three incorporated villages, Nyack, Upper Nyack and South Nyack, which enforce their own separate village codes and are not covered by this Town chapter. Enforcement under § 250-45 rests with the Superintendent of Highways, the Superintendent's designees, Town of Clarkstown code enforcement officials, and other Town officials authorized to issue appearance tickets under Chapter 4 of the Town Code. L. No. L. No. 1-2009 (2-10-2009), which last revised both the obstruction and penalty sections.

Violations & Fines

Under § 250-44, a first violation of any provision of Chapter 250, including the sidewalk obstruction ban, draws a fine of up to $2,500. A second offense within 18 months of the first conviction brings a fine of $2,500 to $5,000; a third offense within 18 months of the second conviction brings $7,500 to $10,000; a fourth or subsequent offense within 18 months of the third conviction brings $10,000 to $15,000. Each day the violation continues counts as a separate offense.

Frequently Asked Questions

What counts as an illegal sidewalk obstruction in Clarkstown?
Town Code § 250-43 prohibits any encroachment or encumbrance of a sidewalk or street by stock of food, merchandise, produce, waste material, or any other article or thing that obstructs it. This covers displayed goods, storage piles and debris left where pedestrians or vehicles need to pass.
Who enforces the sidewalk obstruction rule?
Section 250-45 assigns enforcement to the Superintendent of Highways, the Superintendent's designees, Town of Clarkstown code enforcement officials, and other Town officials authorized to issue appearance tickets under Chapter 4 of the Town Code.
Does this rule apply inside the Village of Nyack?
No. Nyack, Upper Nyack and South Nyack are incorporated villages within the Town of Clarkstown with their own separate village codes. Chapter 250 of the Town Code governs sidewalks only outside those three villages.
How much is the fine for a repeat obstruction violation?
Under § 250-44, a second offense within 18 months of the first conviction costs $2,500 to $5,000, a third offense within 18 months of the second costs $7,500 to $10,000, and a fourth or later offense within 18 months of the third costs $10,000 to $15,000.

Sources & Official References

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