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Tempe, AZ Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Governing section
City Code § 29-21
What's barred
Any obstruction hindering free use of ROW
Exception process
Written temporary permit from City Engineer
Permit grounds
Undue hardship or public safety necessity
Default penalty
Up to $2,500 fine or 6 months jail
Continuing violation
Each day is a separate offense

Summary

Blocking a Tempe street, alley, or sidewalk with anything that hinders its free use is illegal under City Code Section 29-21. The City Engineer can grant written, temporary exceptions for construction work or building moves, but even a permitted obstruction cannot stay longer than needed, and general obstructions default to the Code's $2,500 general penalty.

No person shall, or cause any person in his employ to, obstruct or place any obstruction upon, across or along any street, alley or public right-of-way so as to hinder the free and proper use thereof. Temporary obstructions may be permitted, in writing, by the City Engineer for construction purposes and for the moving of buildings, when it can be shown that an undue hardship would result or when such an obstruction is necessary for the preservation of the public safety. No such obstruction shall be left in place for a period of time longer than permitted to accomplish its purpose.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Tempe City Code Section 29-21, in Chapter 29's Article II on encroachments and activities in public rights-of-way, makes it unlawful for any person, or anyone working for them, to obstruct or place any obstruction upon, across, or along any street, alley, or public right-of-way so as to hinder its free and proper use. The section is broader than construction barricades: it reaches any object or activity that blocks pedestrian or vehicle passage through a public way, including a sidewalk. The City Engineer, who administers Article II under Section 29-18, can permit temporary obstructions in writing for construction purposes or for moving buildings, but only where the applicant shows undue hardship would otherwise result, or where the obstruction is necessary to preserve public safety.

Even an approved obstruction cannot remain in place longer than needed to accomplish its purpose; leaving equipment, materials, or barriers in a right-of-way past that point turns a permitted obstruction back into a violation. Section 29-21 works alongside the City's other right-of-way rules, including Section 29-22's ban on selling or soliciting in the right-of-way and Section 29-23's permit requirement for signs and banners placed in or over the right-of-way, all enforced through the Public Works Director's office.

Violations & Fines

Section 29-21 carries no standalone fine schedule, so an obstruction violation defaults to the Code's general penalty, Section 1-7: a fine up to $2,500 plus surcharges, up to six months in jail, or both, with each day the obstruction remains counted as a separate offense. A citation under Sections 1-8 and 1-9 gives the responsible party fourteen days to pay or request a Tempe Municipal Court hearing before a default judgment is entered.

Frequently Asked Questions

Can a contractor block a Tempe sidewalk for construction?
Only with written permission. Section 29-21 lets the City Engineer approve a temporary obstruction for construction work or moving a building, but only on a showing of undue hardship or a public safety necessity, and the obstruction must come down as soon as its purpose is served.
Is leaving a dumpster or materials on the sidewalk illegal without a permit?
Yes. Section 29-21 bars obstructing or placing any obstruction on a street, alley, or right-of-way, which includes sidewalks, so an unpermitted dumpster or stack of materials blocking pedestrian passage violates the Code and can draw the Section 1-7 general penalty of up to $2,500 and six months in jail.
How long can an approved obstruction permit last?
Section 29-21 does not set a fixed number of days; it instead says an approved obstruction cannot be left in place longer than the time needed to accomplish its purpose, and the City Engineer decides the duration when granting the written permission.

Sources & Official References

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