Hialeah, FL Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Swale obstruction
- prohibited under Sec. 82-5
- Street obstruction
- prohibited under Sec. 82-33
- No vending
- banned on swale and street
- Owner duty
- keep sidewalks/curbs safe
- City remedy
- 10-day notice, then lien
Summary
Hialeah bars obstructing any part of the swale, the right-of-way strip between the sidewalk and street, or any street or public roadway, under Sec. 82-5 and Sec. 82-33. Property owners must also keep abutting sidewalks, driveways, curbs and gutters free of unsafe conditions under Sec. 82-91, or the city can remove the hazard after notice and lien the property for the cost.
It is prohibited and shall be unlawful for any person to obstruct any portion of the swale area. No person shall offer for sale, sell, exchange, vend, display, deliver or dispose of merchandise on swale areas located within public right-of-way, except a licensed itinerant vendor subject to the limitations and restrictions provided in this Code.
Full Breakdown
Hialeah's Chapter 82, Streets, Sidewalks and Other Public Places, sets separate obstruction rules for the swale, the street pavement, and the sidewalk itself, all enacted by Ordinance No. 2000-113. Sec. 82-5 makes it prohibited and unlawful for any person to obstruct any portion of the swale area, the defined strip of right-of-way exclusive of the paved public sidewalk and the paved roadway, curb and gutter under Sec. 82-3(a), and separately bars offering merchandise for sale, exchange or display on swale areas, except for a licensed itinerant vendor complying with the peddler rules in Chapter 18.
Sec. 82-33 mirrors that ban for the street itself, prohibiting obstruction of any portion of any street or public roadway for its intended lawful use absent a permitted temporary closure, and likewise bars selling or displaying merchandise on the roadway. Property owners carry an ongoing maintenance duty: Sec. 82-91(a) makes it unlawful for an owner, occupant or agent to let abutting sidewalks, driveways, curbs or gutters remain in a condition that renders them unsafe, dangerous or detrimental, and Sec. 82-91(b) requires the owner to notify the city in writing of any unsafe condition and, if the owner caused the damage, to repair it at their own cost or reimburse the city.
Sec. 82-3(e) gives the city a direct enforcement tool for physical obstructions, tree limbs, plants, shrubs or other material blocking a street, sidewalk or swale: after written notice, the owner has ten days to remove the obstruction, and if they don't, the city removes it and assesses the cost as a lien against the property, due within 30 days before it attaches.
Violations & Fines
Obstructing the swale strip or offering merchandise for sale there violates Sec. 82-5; the same conduct on a street or roadway violates Sec. 82-33. Letting an abutting sidewalk, driveway, curb or gutter stay unsafe violates Sec. 82-91(a). After a ten-day written notice under Sec. 82-3(e), the city may remove an unaddressed obstruction itself and assess the cost against the property as a lien if unpaid within 30 days.
Frequently Asked Questions
Can I store construction materials or a dumpster on the swale in front of my Hialeah house?
Who has to fix an unsafe sidewalk next to my property in Hialeah?
What happens if I don't fix an obstruction after the city notifies me?
Can a business set up a sidewalk sale or display in the right-of-way?
Sources & Official References
Other rules in Hialeah
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