§ 22-11. Encroachments on public rights-of-way.

(a)

Definitions. The following definitions shall apply to this section:

Encroachment is defined as any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained, in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established.

Permissible encroachment is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway, the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.

Project right-of-way is defined as those areas within the project right-of-way established jointly by the city, state, and the United States Department of Transportation, which will be free of encroachments except as hereinafter defined.

Roadway right-of-way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, their areas acquired by temporary easement during the time the easement is in effect.

Temporary use permit or construction easement areas are defined as those areas lying between the project right-of-way limits and the platted street limits which the city, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.

(b)

Encroachments prohibited. It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or caused to be retained, any encroachment (hereinabove defined), within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.

(c)

Intent. This section is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.

(d)

Penalty. Any person, firm or corporation violating this section shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists.

(Ord. No. 23-98, §§ 1—3, 3-3-98; Ord. No. 31-98, §§ 1—3, 3-3-98)

Editor's note

The provisions set out above are substantive provisions of a general and permanent nature enacted by Ord. Nos. 23-98 and 31-98, both adopted Mar. 3, 1998, which pertained to, respectively, the Maple Street—Holiday Drive to Evergreen Avenue, City Section 96-00084-00-PV improvement and the Enhancement Project, Joint Use Pedestrian/Bikeway, City Section 94-00074000-BR improvement, and have been included herein at the discretion of the editor. Subsequent similar ordinances setting forth other improvement projects, and which do not add to or modify these provisions, will be merely listed below. Ord. No. 71-2003, §§ 1—6, adopted July 1, 2003.