Upper Darby, PA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Governing section
- § 472-7, pedestrian right-of-way
- Companion cartway rule
- § 472-6 bars vehicular right-of-way obstructions
- Removal power
- Township may remove unauthorized cartway objects
- Max civil penalty
- $600 plus costs and attorneys' fees
- Adopted
- August 15, 2007, Ord. No. 2965
Summary
Upper Darby Township Code flatly bars placing any structure or object in the pedestrian right-of-way that would block foot traffic or make it unsafe to cross. The same article also bans unauthorized objects in the vehicular cartway, and the Township can remove violations at the owner's cost.
No person shall erect, cause to be erected, otherwise place or cause to be otherwise placed any structure or object of any nature in any location in the public right-of-way dedicated to pedestrian traffic that would block such traffic or otherwise make it unsafe for pedestrians to traverse such area.
Full Breakdown
Chapter 472, Article II, § 472-7, titled "No impediment of pedestrian traffic," states that no person shall erect, place, or cause to be placed any structure or object of any nature in a location in the public right-of-way dedicated to pedestrian traffic that would block that traffic or otherwise make it unsafe for pedestrians to traverse the area. This sits alongside § 472-6, which separately bars placing any structure or object in the portion of the right-of-way dedicated to vehicular traffic without prior Township approval, and empowers the Township to remove any unauthorized structure or object left in the cartway.
Both sections were adopted under Ordinance No. 2965 on August 15, 2007, as part of the Township's regulation of private encroachments into public rights-of-way, distinct from the later Article III permit scheme for street openings and excavations. Nothing in the article excuses a person who obstructs a sidewalk from also complying with other applicable laws, including ADA access requirements referenced elsewhere in the chapter's curb and sidewalk construction standards. The rule reaches any obstruction, not just commercial displays: a fence, planter, storage item, construction material or debris left across a public walkway can trigger enforcement if it blocks or endangers pedestrians.
Violations & Fines
Enforcement runs through a civil complaint under the Pennsylvania Rules of Civil Procedure. A civil finding of liability for violating this ordinance caps the penalty at $600 plus the costs of prosecution and the Township's attorneys' fees; each day the obstruction remains is a separate violation, and each violated subsection of the article is charged separately.
Frequently Asked Questions
Can I leave a dumpster or construction materials on the Upper Darby sidewalk in front of my house?
What happens if the Township finds an obstruction in the street itself, not the sidewalk?
How much can I be fined for a sidewalk obstruction violation in Upper Darby?
Sources & Official References
Other rules in Upper Darby
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