City of Alexandria, Virginia
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MEMORANDUM
DATE: MAY 7, 2026
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
THROUGH: JAMES F. PARAJON, CITY MANAGER
FROM: LEAH RILEY, DIRECTOR, TRANSPORTATION AND ENVIRONMENTAL SERVICES
DOCKET TITLE:
TITLE
Public Hearing, Second Reading and Final Passage of an Ordinance to Amend Sections 5-2-16 (PLACING MERCHANDISE ON OR OTHERWISE OBSTRUCTING SIDEWALKS AND OTHER PUBLIC RIGHTS-OF-WAY) and 5-2-29 (STREET ENCROACHMENTS) of the of Article A (GENERAL PROVISIONS) of Chapter 2 (STREETS AND SIDEWALKS) of Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of the City Code of the City of Alexandria, Virginia, 1981, as amended.
PLEASE NOTE: This item has been deferred June 2026
BODY
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ISSUE: Should City Council adopt amendments to City Code Sections 5-2-16 and 5-2-29 to establish consistent enforcement mechanisms and civil penalties for obstructions and encroachments within the public right-of-way.
RECOMMENDATION: That City Council hold the public hearing and approve the ordinance (Attachment 2) on second reading and final passage.
BACKGROUND: City Code Sections 5-2-16 and 5-2-29 regulate the placement of objects within the public right-of-way and the authorization of encroachments. These provisions are essential to maintaining safe, accessible and unobstructed streets, sidewalks and public spaces for all users.
While the Code currently outlines permitted and prohibited activities, enforcement provisions are limited. Currently, the Code does not allow the City to issue monetary penalties to people in violation of these Code sections. This has created challenges in addressing violations, because there are not clear disincentives for repeatedly breaking the law.
The proposed ordinance updates these sections to establish consistent enforcement provisions and provide staff with clearer authority and tools to address violations while continuing to prioritize voluntary compliance.
DISCUSSION: The proposed amendments introduce a uniform enforcement framework for both obstruction and encroachment violations. Key elements of the ordinance include:
Establishment of a graduated civil penalty structure:
- $200 for the first violation
- $500 for the second violation
- $1,000 for the third and subsequent violations
Clarification of ongoing violations:
Each day that a violation exists or persists constitutes a separate offense, reinforcing timely compliance.
Emphasis on voluntary compliance and administrative flexibility:
The Director of Transportation and Environmental Services or designee is authorized to pursue voluntary compliance through warnings, meetings or other appropriate means prior to or in conjunction with enforcement actions. Additionally, the Director or designee may waive additional penalties when a responsible party is actively working to abate a violation.
These updates align enforcement provisions across both Code sections, improve consistency and transparency, and provide a balanced approach that emphasizes compliance while maintaining flexibility to work collaboratively with residents, businesses, and others.
FISCAL IMPACT: The proposed ordinance is not expected to have a significant fiscal impact. Revenue generated from civil penalties, if any, is anticipated to be minimal and incidental. The primary intent of the ordinance is to promote compliance and protect the public right-of-way.
ATTACHMENTS:
Attachment 1: Ordinance Cover
Attachment 2: Ordinance
STAFF:
Emily A. Baker, Deputy City Manager
Alex Boulden, P.E., Interim Division Chief, Permits, T&ES
Lindsay Dubin, Assistant City Attorney