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Hackensack, NJ Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Structure encroachment ban
Section 148-23, no extension into ROW
Sidewalk object ban
Section 148-26, no encumbering objects
Adjoining debris rule
3 days to remove after notice, Sec. 148-27
Cellarway/hoistway rule
Must be flush, covered, guarded (Sec. 148-25)
Penalty
Up to $2,000 fine, Section 1-15

Summary

Hackensack law flatly bars any building, structure or part of one from encroaching over, under or into a public street or public place, and separately bans placing any object on a sidewalk that would encumber it or make travel dangerous, under Code Sections 148-23 and 148-26. These are baseline prohibitions, separate from the permit process that covers temporary material storage.

No person shall permit any building, structure, erection or any part thereof to encroach upon or extend over, under or into any public street or public place. ... No person shall place or permit to be placed upon any sidewalk any object or thing that shall in any manner encumber any sidewalk or render travel dangerous or unsafe thereon.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).

Full Breakdown

Article III of Chapter 148, Obstructions and Encroachments, opens with Section 148-23's core prohibition: no person may permit any building, structure, erection or part of one to encroach upon or extend over, under or into a public street or public place. That rule targets permanent physical intrusions, such as projections, foundations or additions that creep into the right-of-way, not temporary staging. Section 148-26 then covers what gets placed on the sidewalk surface itself: no person may place or permit to be placed on any sidewalk any object or thing that encumbers the sidewalk or renders travel dangerous or unsafe.

Read together with the surrounding sections, the article addresses related hazards individually: Section 148-25 requires cellarways and hoistways extending into a street to be covered with flush iron doors and guarded when open, and Section 148-27 requires an owner or tenant to remove earth, rocks, rubbish or other material that caves onto a sidewalk or roadway from an adjoining lot within three days of a notice of violation served under Section 148-5. Unlike Section 148-24's material-storage permit, Sections 148-23 and 148-26 describe no permit path around the prohibition itself; an encroaching structure or a sidewalk-encumbering object is unlawful outright, and the only route to lawful placement in the right-of-way runs through the separate permit mechanisms elsewhere in the chapter, such as Section 148-6's general permitting or Section 148-24's material-storage permit.

Violations & Fines

Violating the encroachment or sidewalk-encumbrance bans in Sections 148-23 or 148-26 falls under Chapter 1's general penalty at Section 1-15, since Article III sets no dedicated fine for these two sections: up to $2,000, up to 90 days' imprisonment, or up to 90 days of community service, with each day the encroachment or obstruction remains treated as a separate offense.

Frequently Asked Questions

Can a building in Hackensack extend over the sidewalk or street?
No. Section 148-23 prohibits any building, structure, erection or part of one from encroaching upon or extending over, under or into a public street or public place. This is a flat prohibition with no permit exception built into the section itself.
What counts as an illegal sidewalk obstruction in Hackensack?
Section 148-26 bans placing any object or thing on a sidewalk that encumbers it or makes travel dangerous or unsafe. That is broader than a specific list; it covers anything left on the walk that gets in a pedestrian's way or creates a hazard, from furniture to debris.
How fast do I have to clear rubbish that fell onto the sidewalk from my property?
Three days. Section 148-27 requires an owner or tenant whose adjoining lot spills earth, rocks or rubbish onto a sidewalk or roadway to remove and clean it within three days after the City serves a notice of violation under Section 148-5.

Sources & Official References

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