HomeMy WebLinkAboutOrdinance #1531
ORDINANCE NO. 15 3 ].--_
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-
WAY INTHE CITY OF CANTON, FULTON COUNTY, ILLINOIS
WHEREAS, the City of Canton, hereinafter known as the CITY, and the State of
Illinois, acting by and through its Department of Transportation, have entered into a Joint
Agreement relative to the improvement of F.A.P. Route 685 (Locust Street); and,
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY
to adopt an ordinance regulating encroachment on the right-of--way for said improvement
in accordance with the following definitions:
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;
Project Right-of--Way is defined as those areas within the project right-of-
way lines established jointly by the CITY and STATE which will be free of
encroachments except as hereinafter defined;
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 where no project right-of--way line has been
established.
Permissible Encroachment is defined as any existing awning, marquee, or
sign advertising activity on the property, or similar overhanging structure
supported from a building immediately adjacent to the limits of the platted
street and which does not impair the free and safe flow of pedestrian traffic
or 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.
WHEREAS, representatives of the CITY and the STATE have mutually
determined the disposition of encorachments;
NOW, THEREFORE, BE IT ORDAINED, by the City of Canton, Fulton County,
Illinois as follows:
1. 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 (hereinabove defined), except
as provided in Section 2, within the limits of the project right-of--way or roadway right-of-
way where no project right-of--way lines have been established.
2. Revocable permits have been issued by the City for the temporary retention or
the following Permissible Encroachments (hereinabove defined): '
3. This Ordinance 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.
4. Any person, firm, or corporation violation this ordinance shall be fined not less
than Fifty ($50.00) nor more than Five Hundred dollars ($500.00) for each offense, and a
separate offense shall be deemed committed for each and every day during which a
violation continues or exists.
5. This ordinance shall be published 1 time(s) within 10 days after its passage in a
newspaper having a general circulation in the City of Canton, Illinois, and shall be in full
force and effect after its passage, publication, and approval as provided by law.
PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a
regular meeting this ~tl~ day of 1~>'3, 1997, upon a roll call vote as follows:
4th February
AYES: Aldermen Molleck, Hartford, Sarff, Phillips,
Nidffer, Meade, Shores, May,
NAYS: None .
ABSENT: None .
APPROVED:
Donald E. Edwards, Mayor
Attest:
Nancy Whites,; ity Clerk.