Fountain, CO Sidewalk & Pedestrian Rules: Obstruction Rules (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).
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?
What happens if I don't remove an obstruction after the city's notice?
Does this obstruction rule apply to construction equipment on a sidewalk?
Sources & Official References
Other rules in Fountain
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Obstruction Rules in Nearby Cities
How other cities in El Paso County handle obstruction rules.