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Fountain, CO Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Prohibited
Fences, fill, platforms, stairs, barricades on public ways
Governing law
Fountain Municipal Code § 12.04.160
Removal notice
Written notice with reasonable removal deadline
Reclaim window
30 days before object is presumed abandoned
Cost
Owner pays removal and restoration expense

Summary

Fountain Municipal Code § 12.04.160 bans placing or building any obstruction, such as earth fill, building materials, fences, platforms, stairs, railings or barricades, on a sidewalk, street, alley or other public way. The city can order the owner to remove the object, then remove and store it at the owner's expense if it stays past the deadline.

Unlawful to obstruct public way. It shall be unlawful for any person to place upon or construct upon any sidewalk, street, alley, or other public way or upon any natural watercourse or improved drainage way any encumbrance or obstruction, such as, but not limited to, earth fill, building materials, fences, platforms, stairs, railings, or barricades (offending objects).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

160, adopted by Ord. No. 1324 in 2006, declares it 'unlawful for any person to place upon or construct upon any sidewalk, street, alley, or other public way or upon any natural watercourse or improved drainage way any encumbrance or obstruction,' naming earth fill, building materials, fences, platforms, stairs, railings and barricades as examples of what the code calls 'offending objects,' a list that is illustrative rather than exhaustive under the section's own 'such as, but not limited to' language. When the director of public works or city engineer identifies an offending object and can identify who placed or built it, that person gets written notice to remove it within a reasonable time and restore the public way to its former condition.

If the object is still there once the notice period runs out, the city removes and stores it, performs whatever correction work the public way needs, and charges the entire cost to the owner. 160(C) then gives the owner 30 days to reclaim the object and pay the removal and restoration costs; after 30 days, the object is presumed abandoned and the city manager can declare it city property to use or dispose of like any other city asset. 150 rather than as unlawful obstructions.

Violations & Fines

Placing an unpermitted obstruction on a sidewalk, street or public way is punished as a misdemeanor under the general penalty section, § 1.12.010, with each day the object remains a separate offense. Beyond the fine, the responsible party is billed for the city's cost of removing, storing and disposing of the object and restoring the public way.

Frequently Asked Questions

Can I put a fence or planter on the sidewalk strip in Fountain?
No. Fountain Municipal Code § 12.04.160 bans placing fences, building materials, platforms, stairs, railings, barricades or fill on any sidewalk, street, alley or public way. The city can order it removed and, if it stays past the deadline, remove it and bill the owner.
What happens if I don't remove an obstruction after the city's notice?
The director of public works or city engineer will remove and store the object and perform any needed restoration work at your expense. Under § 12.04.160(C), you have 30 days to reclaim it and pay those costs before it is presumed abandoned and becomes city property.
Does this obstruction rule apply to construction equipment on a sidewalk?
Not to work done under a valid right-of-way permit. Permitted projects follow the separate construction-site rules in §§ 12.04.110 and 12.04.150 for barricades and signage; § 12.04.160 targets unpermitted obstructions like fences, fill and platforms placed on public ways.

Sources & Official References

Other rules in Fountain

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