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Smyrna, GA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Core rule
No obstruction in streets, easements or public sidewalks
Only exception
Mayor and Council consent, entered in the minutes
Street deposits
Leaves, trash, dirt, sand, gravel, mud banned if obstructive
Nuisance call
Discretion of the superintendent of streets
Enforcement step one
Marshal or police officer orders immediate correction
Enforcement step two
Citation to municipal court if uncorrected

Summary

In the City of Smyrna, Georgia, placing or maintaining any obstruction of any kind in a street, easement or public sidewalk is unlawful unless the Mayor and Council consent at a regular meeting and enter it in the minutes. Deposits on streets that block traffic are also banned, and violators are told to fix them immediately.

It shall be unlawful for any person to place or maintain, or cause to be placed or maintained, in any of the streets or in any of the easements, or on any of the public sidewalks of the city, any obstruction of any kind or character whatever, except by consent of the mayor and council, given at a regularly constituted meeting of that body and entered upon the minutes of the meeting at which the consent is given. ... It shall be unlawful for any individual or group to deposit any material on the streets of the city that shall cause an obstacle to traffic or any unsightly condition. ... Upon violation of sections 90-32 through 90-34 coming to the attention of the city marshal or police officer, he/she shall direct the violator to correct the infraction immediately. If the condition has not been corrected, or it reoccurs, the marshal or police officer may cite the accused to appear in the municipal court.

Full Breakdown

Section 90-31 of the Smyrna Code is the core obstruction rule. It is unlawful to place or maintain, or cause to be placed or maintained, in any of the streets or easements or on any of the public sidewalks any obstruction of any kind or character whatever. The only route around the ban is consent of the Mayor and Council, given at a regularly constituted meeting and entered upon the minutes of the meeting where consent is given. Staff cannot grant that consent on their own, and a hallway approval is not the minuted vote the section requires.

Section 90-34 covers material deposited on streets. It is unlawful for any individual or group to deposit any material on the streets that causes an obstacle to traffic or any unsightly condition. The section applies to leaves, trash, dirt, sand, gravel, mud or any other foreign material, and it leaves to the discretion of the superintendent of streets which deposits constitute a nuisance. Section 90-32 bars depositing leaves, trash, garbage or other material in enclosed catchbasins, storm sewers, easements or road rights-of-way so as to obstruct or restrict drainage. Section 90-33 bars obstructing or restricting drainage on recorded easements by installing any fence or permanent structure, and if such items must be removed from a city easement the property owners bear the cost of reconstruction and reinstallation.

Section 90-35 sets the enforcement sequence for Sections 90-32 through 90-34. When a violation comes to the attention of the city marshal or a police officer, he or she directs the violator to correct the infraction immediately. If the condition has not been corrected, or it reoccurs, the marshal or police officer can cite the accused to appear in the municipal court. Related permits for street and sidewalk cuts (Section 90-1), driveways (Section 90-2) and private underground utilities (Section 90-4) are handled by the superintendent of public works or the public works department.

Violations & Fines

Under Section 90-35, the first step is a direction from the city marshal or a police officer to correct the infraction immediately. If the condition is not corrected or it reoccurs, the officer can cite the accused to appear in the municipal court. Section 90-31 prints no separate penalty, so the general penalty in Section 1-8 applies: a fine not exceeding $1,000.00, jail not exceeding six months, or other listed sentences, with each day a separate offense.

Frequently Asked Questions

Can I block a public sidewalk in Smyrna?
Not without council consent. Section 90-31 makes it unlawful to place or maintain any obstruction of any kind or character on any public sidewalk, street or easement, except by consent of the Mayor and Council given at a regularly constituted meeting and entered upon the minutes of that meeting.
Who decides whether dirt or debris on a street is a nuisance?
The superintendent of streets. Section 90-34 says it is unlawful to deposit material on the streets that causes an obstacle to traffic or any unsightly condition, and it is left to the discretion of the superintendent of streets to determine which deposits constitute a nuisance.
What happens first if I am reported for a street deposit?
Under Section 90-35, when the city marshal or a police officer learns of a violation of Sections 90-32 through 90-34, he or she directs the violator to correct the infraction immediately. Only if the condition is not corrected, or it reoccurs, can the officer cite the accused to appear in the municipal court.
Can I block a drainage easement with a fence?
No. Section 90-33 makes it unlawful to obstruct or restrict drainage on recorded easements by the installation of any fence or permanent structure. If the city has to remove such an item from a city easement, the property owners are responsible for the expense of reconstruction and reinstallation.

Sources & Official References

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