§ 22-9. Encroachments on public rights-of-way.

(a)

Definitions. [The following terms, when used in this section, shall have the meanings ascribed to them herein:]

Encroachment means 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 means 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 means 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 means those areas existing or acquired by dedication or by fee simply 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 means 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)

Unlawful encroachment. It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment 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)

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. 18-93, 5-4-93)

Editor's note

Ordinance No. 18-93, adopted May 4, 1993, did not specifically amend the Code; hence, codification of such substantive provisions as § 22-9 was at the discretion of the editor.