HomeMy WebLinkAboutOrdinance #0763• ,N-. : 1'
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AN ORDINANCE
REGULATING ENCROACHMENT ON PUELIC RIGHT-OF-WAY IN THE
CITY OF CANTON, FULTON COUNTY, ILLINOIS
WHEREAS, the City
Illinois, acting
into an Agreement
Winegar Drive and
22 and 685, State
and
of Canton, hereinafter known as the
~y and through its Department of Tra
relative to the improvement of Main
West Locust Street from Avenue A to
Sections (135W)RS and (41Z)R$, City
CITY, and the State of
isportation, have entered
Street from Ash Street to
Avenue F, known as FA Route
Section 80-00073-00-WR,
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 im-
provement in accordance with the following definitions:
Roadway Right-of-Way is defined at 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
wiii be free of encroachments excepi as iiereinaiier deiineu.
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,
sign advertising activity on the property, 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 over-
hanging signs is not 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 STATE have, by visual inspection, co-
operatively established project right-of-way lines and have mutually determined
the disposition of encroachments.
NOW, THEREFORE, BE IT ORDAINED, by the City of Canton, Fulton County, Illinois:
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Section 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 ENCROACH-
MENT (herein above 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.
Section 2: 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.
Section 3: Any person, firm or corporation violating this ordinance shall be
fined not less than Twent -Five ($ 25.00 ) nor more
than Two hundred $ 200.00 for each offense, and
a separate offense shall be deemed committed for each and every day
during which a violation continues or exists.
Section 4: This ordinance shall be published One 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.
Paccar and annrnvPtl this
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day of ~'V} ARC H 19~.
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Mayor
Attest: °'
a--
ty Clerk
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