Southampton Village, NY Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Section 95-7A of the Southampton Village Code is a flat prohibition: no encroachment upon, into or over any public street in the Village of Southampton shall be made or maintained. Section 95-7C defines the term public street to include the entire public right-of-way of a public street, including sidewalks. Under § 95-7B(1), any private use of any portion of a public street for the display or sale of any products, goods, wares or merchandise is itself an encroachment. The code attaches no permit route to that item; the written-permit language in § 95-7B covers posts, excavation, plantings and curb or driveway apron work.

Section 95-8 sets out the exceptions. The article does not apply to a marquee in front of a theater approved by the Board of Village Trustees, to a temporary encroachment expressly authorized by resolution of the Board of Trustees (if it complies with that resolution), or to outdoor sidewalk dining at a dining area operated by a licensed business under a license issued by the Village Clerk, in compliance with the rules the Board sets by resolution.

Owners also carry a duty to keep the walk itself clear. Section 95-10 requires the owner or occupant of a building, and the owner of a vacant lot, to keep hard-surface sidewalks in front of the property free from dirt, filth, hedges or other obstruction or encumbrance, in addition to snow and ice.

An obstructed sidewalk has a liability side as well. Under § 95-25, no civil action can be brought against the Village for damages caused by the obstructed condition of a sidewalk unless written notice specifying the place and location was actually given to the Village Clerk beforehand and the Village failed within a reasonable time to remove the obstruction. The Clerk keeps an indexed public record of those notices, and § 95-27 requires each original to be preserved for five years.