Streets, Alleys and Sidewalks
16.02 Encroachment on Public Right-of-Way

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16.02 Encroachment on Public Right-of-Way
16.04 Improvements to Sidewalks
16.06 Digging up Streets and Alleys
Parkways
16.10 Offenses Related to Streets, Alleys, and Sidewalks

CHAPTER 16.02

Encroachment on Public Right-of-way.

Sections:

16.02.010 Definitions.
16.02.020 Unlawful Encroachment.
16.02.030 Effect on Other Ordinances.
16.02.040 Penalty

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16.02.010 DEFINITIONS.

A. "Roadway right-of-way" is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.
B. "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 any project right-of-way or the roadway right-of-way where no project right-of-way line has been established.
C. "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 highways; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside any project right-of-way line and not confined by adjacent buildings.
D. "Construction easement area" is defined as that area lying between any project right-of-way limits and the platted street limits within which the city, by concurrence in the establishment of any project right-of-way lines, will permit the state or city to enter to perform all necessary construction operation. (ord. 1020, 1975) (Changed)

16.02.020 Unlawful Encroachment.
 
It is unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained any encroachment (hereinabove defined) except as provided in Section 16.02.010(C), within the limits of any project right-of-way or roadway right-of-way where no project right-of-way lines have been established. (Ord. 1020, ss1, 1975) (changed)

16.02.030 Effect on other ordinances.
 
 This chapter 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.

16.02.040 Penalty.
 
Any person, firm or corporation violating this title shall be fined not less that five dollars ($5.00) 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. 1020 ss3, 1975)