In Caracas, the Ordinance for Citizen Coexistence, Civic Responsibility and Community Peace Justice of the Libertador municipality punishes the obstruction of vehicular and pedestrian traffic with sanctions that can range from community service to a 30 euro fine.
The legal tool defines the obstruction of public roads in Chapter III as one of the infractions committed against coexistence, which in turn are categorized as Conducts Contrary to Citizen Coexistence in article 17, which indicates that those who engage in prohibited actions are subject to the application of measures provided for in the Ordinance.
Article 19 of the ordinance is entirely dedicated to conduct that obstructs the free flow of pedestrian and vehicular traffic. In that section, the text states that infractions in this area include “those intentionally carried out through the use or placement of movable objects, as well as any structure, on vehicular or pedestrian traffic routes.”
Among the most common offenses that Caracas residents suffer daily, the regulations list carrying out economic, sporting, cultural, religious or any other type of activities on sidewalks, avenues or boulevards, without the proper permits; obstructing the circulation of vehicles by loading or unloading merchandise in areas or times not permitted; parking motor vehicles with two or more wheels on sidewalks or pedestrian roads; intentionally obstructing the free transit and free circulation of pedestrians without the proper permits.
Added to this are the acts contrary to the cleanliness of public spaces, described in article 29, which include throwing rubble in public places or abandoning scrap metal and similar objects on the roads, which are also often a cause of blockages on streets and sidewalks.
Complaints. In the capital city, one of the most frequent complaints received at the Community Policing Service offices, part of the Bolivarian National Police Force, concerns the obstruction of sidewalks. Those most affected are senior citizens, people with disabilities, and mothers with children who are forced to walk in the street, competing with traffic, to avoid objects that some people use to block the sidewalk.
They typically complain about signs identifying businesses, as well as cars and motorcycles parked in the middle of pedestrian walkways, makeshift mechanic shops on sidewalks, and other issues. They have also reported the use of planters, tires, posts, and other objects on roads to reserve parking spaces, obstructing the free flow of traffic.
Article four of the ordinance establishes who the competent authorities are for its enforcement. The list includes, in addition to the Community Police, the mayor, council members, the Caracas Police, community justices, spokespeople for community councils, the Houses of Coexistence, Civic Engagement, and Peace located in the Libertador municipality, and the Municipal Office for Citizen Coexistence, Civic Engagement, and Community Justice of the Peace located at the corner of La Palma in the Santa Teresa parish.
Every person has the responsibility to report any violations they become aware of to these authorities.
The regulations promote dialogue and reflection, as well as establishing alternative conflict resolution methods through awareness talks, with the aim of raising awareness.
Sanctions. As the rule states, “any person who engages in one of the aforementioned conducts will be sanctioned with a fine equivalent to thirty times the official exchange rate of the highest value currency set by the Central Bank of Venezuela, or the performance of one of the community services.”
In that sense, the offending person must pay the total of 30 euros at the rate set on the day by the Central Bank of Venezuela.
Alternative. The ordinance offers an educational alternative: community service. Article 42 details these tasks, which aim to "educate citizens, correct behavior, and repair the damage caused, as well as strengthen civic education." These tasks include cleaning, painting, or restoring schools, plazas, health centers, and public offices, carried out over a period of 20 hours, divided into shorter shifts; volunteering at municipal cafeterias and social security agencies; and conducting educational activities related to the infraction committed, among others.
The regulations state that “if the offender does not comply with the imposed community service, the fine corresponding to the offense committed will be canceled,” warns Article 42. And if they do not comply with either, the case will be transferred to the special jurisdiction of community peace justice.
Legislation in detail
- Emergency and healthIn article 19, number four, the Ordinance for Citizen Coexistence, Civics and Community Peace Justice of the Libertador municipality also urges avoiding the obstruction of emergency exits or main entrances of health centers, educational centers, official institutions, garages and public or private parking lots.
- Public transportationLikewise, the regulations in article 19, number six, prohibit embarking or disembarking passengers from public or private transport in places not intended for this purpose in order to avoid obstructing vehicular traffic.
- MotorcyclesArticle 21, which governs actions contrary to traffic and land transport when driving motorcycles, prohibits driving on sidewalks, boulevards, squares, bike lanes and spaces not intended for motorcycle traffic.
- Awareness programsArticle 11 defines the activities and programs of education or guidance to the citizen, related to the offenses or infractions committed, with the purpose of raising awareness in the offender regarding proper behavior.
At the intersection of Arturo Michelena Avenue and Comercio Street, a fruit and other goods stand is set up and taken down daily, obstructing the free flow of traffic, occupying the sidewalk, stealing electricity from the meter boxes, and causing excessive noise. They are there from 7:00 AM until well past 7:00 PM, Monday through Sunday. It's completely unsanitary, as they obviously don't have a bathroom. Can a person hold their urine for more than 12 hours? Their hands must be teeming with bacteria, and they handle food this way, preparing juices in a blender. As a citizen and neighbor, I am reporting this in the hope that it will be seen and that the authorities will enforce the ordinance. Police forces operating in Santa Monica: the National Police (PNB) has its headquarters on Teresa del Parra Avenue, and the Caracas Metropolitan Police (Policaracas) patrol, but they are rarely seen. They only stop to ask for free "fruit."
The truth is, I don't know where these ordinances apply, because on Caño Amarillo, before reaching Baralt Avenue, there are enormous lines in the morning. I have trouble walking because of a stroke, so I get off and walk, and the motorcyclists don't use the street, they use the sidewalk. They tell me to move, and if I don't, they insult me. Besides, in front of Fermín Toro, they set up a huge vegetable stand, closing off a large area with black tarps. How can they talk about FREE TRANSIT?
The community police should patrol the area to penalize this type of behavior, especially regarding obstructions on sidewalks and makeshift repair shops and car washes. For example, right on Sucre Avenue, next to the Catia community clinic in the Libertador municipality, they've set up two tire repair shops on the sidewalk. It's unbelievable! They're repairing tires right there on the avenue, obstructing the free flow of people and vehicles, and the police seem to be doing nothing.
On the main street of Los Flores in Catia, Libertador municipality, all the cars are on the sidewalks, and the businesses on the straight stretch to the Popular Clinic have taken over the pedestrian sidewalk. In addition, there are car and motorcycle washes on the sidewalks going up to the Jesús Fajardo high school, and this is a public fact that does not need to be reported, where the community councils, justices of the peace, and police officers turn a blind eye.