(3/22) The Town of Thurmont has adopted a new ordinance as of Feb. 27 that will restrict property owners from obstructing the sidewalk during construction. The motion passed 4-0 at the Feb. 20 meeting with no debate.

The new ordinance prohibits any building materials blocking the sidewalk after work hours, including, but not limited to, crates, barrels, logs, bricks, scaffolding, etc., "or anything else which might obstruct the free passage along and upon the sidewalks or street, which may make the street or sidewalk unsightly or dangerous to public health or safety."

Under the new ordinance, property owners who have reason to obstruct the sidewalk will be required to obtain a permit from the Town Planner Kelly Duty. The permit will allow the property owner to place and maintain a sidewalk obstruction for up to and not exceeding ten business days.

"The Town Planner would be responsible for giving [property owners] a permit for a short period of time to use the sidewalk if needed for whatever construction they need to do to their property," Thurmont Code Enforcement Officer Kristi Wood said.

This ordinance will amend Article VI: Sidewalk Maintenance, Snow and Ice Removal under Chapter 84: Property Maintenance in the Town Code. Like other violations under this section, those who obstruct the sidewalk in violation of the ordinance are subject to a $100 fine for each offense. While property owners are still required to acknowledge and fix other violations within seven business days, they will be required to remove any obstructions within two business days.

"This is a safety issue," Mayor John Kinnaird said. "More than anything else, it’s because the sidewalk is obstructed and it’s unsafe to travel."

Wood introduced the ordinance at the Feb. 6 meeting, citing an issue with a blocked sidewalk on North Church Street after the snow in January. According to Wood, between the snow and scaffolding from construction, the sidewalk was impassable, forcing residents to walk in the street. While the sidewalk was quickly cleared by the property owners, Wood suggested implementing an ordinance for future occurrences.

While the sidewalks, curbs and gutters have been the property owner’s responsibility in the past, there was no verbiage in the Town Code restricting sidewalk obstructions, except for in cases of shrubs and trees or after snow and ice. Wood went into the Frederick County codes, but found nothing prohibiting sidewalk obstructions from construction. She used an ordinance from Walkersville as inspiration for the draft she presented at the Feb. 6 meeting.