SIDEWALK TALK

Diving into Chapter 98: Street and Sidewalks

Photo Credit to Lindsay Holley with the Madison Main Street Program

Our beautiful downtown Madison is fortunate to be very walkable, with sidewalks that are both wide enough for groups and ADA-accessible. To help keep our pedestrian spaces safe and clear, the City of Madison enforces Chapter 98: Streets and Sidewalks. Let’s dive into what that means for local businesses, especially during our festival season! 

When the crowds roll in, you can expect a lot of foot traffic on the sidewalks. That might inspire you to move some of your products outside for more exposure. Though this is a great idea, make sure you know the rules with City Ordinance 98.01 - Obstructions. 

“No person or persons, firm, or corporation, shall make or cause to be made any obstruction upon or about any sidewalk, street, alley, park, or other public place of the city, or interrupt the free use or passage of the same, or suffer to remain upon any sidewalk immediately adjacent to the premises occupied by such person or persons, firm, or corporation, any obstruction for a period longer than three hours. No person or persons, firm, or corporation, shall provide or cause to be provided any seating area or accommodation upon or about any sidewalk except by means of a bench, unless such person or persons, firm, or corporation shall be serving food or beverages pursuant to a permit issued by the Jefferson County Health Department, in which such case seating providing the use of a table may be permitted. If the use of outdoor seating is permitted, the person or persons, firm, or corporation must clear a pathway of at least 36 inches on the sidewalk. However, a portion of the sidewalk not to exceed one-third the width, may be used by the occupant of the premises immediately adjacent thereto, for the stacking or grounding of boxes, wood, barrels, coal or other fuel, lumber, brick, stone, or other materials or articles, for a necessary and reasonable time, after which same shall be removed from the sidewalk by such occupant. Further, all necessary materials used in the repair or construction, or made by the removal or tearing away of any building, may be placed upon the sidewalk and not to exceed one-third of the street immediately adjacent to such premises, when a permit has been issued granting the right to make such repair, construction, removal, or the like of the building contemplated on such premises but only for the time specified in the permit and no longer. If scaffolding is required for repair or construction, the person or persons, firm, or corporation shall make a request to the City Building Inspector and he or she shall approve, deny, or suggest modifications to said request. Anyone who disagrees with the City Building Inspector's decision shall appeal to the Board of Public Works and Safety in writing. (B) Whenever the excavation, construction, or repair of any building, lot, street, sidewalk, or public way interferes with normal pedestrian or vehicular traffic thereon, an alternative route shall be provided by the business, company, or persons causing such interference in accordance to rules established by the Building Inspector.” 

When planning to display items outside your business, it’s important to keep accessibility top of mind. No matter what, at least 36 inches of sidewalk must remain clear to allow people, especially those using wheelchairs or mobility devices, to pass through safely. 

If you're using clothing racks, A-frame/signage, tables, or benches, be sure to get them directly against the building. This helps maintain a wide, unobstructed path for pedestrians. 

While a canopy might seem like a great idea for shade for displays and activities, it can create issues by blocking the sidewalk or becoming unstable in windy weather. For safety reasons, the City asks that no canopies be set up. 

Photo Credit to Samantha Turner

Planning to plug into sidewalk outlets? Make sure any cords are secured with duct tape or a proper cover to prevent tripping hazards. A loose cord can be dangerous! Nothing ruins someone’s day faster than a scraped-up knee! 

We know that having a clean sidewalk is important to your business and customers. When winter weather hits, it’s essential to know your responsibilities as a business manager or property owner with City Ordinance 98.03: Removal of Snow and Ice. 

“It is the duty of every owner, lessee, or occupant of any premises abutting or bordering upon any street in the city, to remove, or cause to be removed, all snow and ice from the sidewalk in front of such premises to the full paved width of the sidewalk within eight hours after such snow or ice shall have fallen or accumulated thereon.” 

It’s up to the storefront to make sure the sidewalk in front of their business is cleared of snow and ice completely and within eight hours of accumulation. Be sure to stock up on salt and keep those snow shovels handy! 

If you have any questions, Bryan Shaw, the Building Inspector for the City of Madison, is your go-to contact. You can email him at bshaw@madison-in.gov 

Read Full Ordinance Here

Madison Main Street Program

Lindsay Holley | Program Manager

programmanager@madisonmainstreet.com

812-274-0385