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HomeMy WebLinkAboutOrdinance #0691-d` .~ ~~~ AN ORDINANCE REGULATING ENCROACHMENT. ON PUBLIC RIGI~r OF WAY IN THE CITY OF CANTON FULTON COUNTY, ILLINOIS WHEREAS, the City of Canton hereinafter knocan as the CITY, and the State of Illinois acting by and through its Department of Transportation, have entered into an agreement relative to the improvement of Twentieth Avenue, FAU Route 6813, CIi 6, City Section 78-00068-00-WR from SBI Route 9 to Chestnut St.; 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 definition: Roadway P.i.ght of Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas ac- quired 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, COUri~TY, STATE, and the Federal Highway Administration which will be free of encroachmzrtts except as hereinafter de- fined; Encroachment is defined as any building, fence, sign or any other structure or object of any kind (with the ez;ception of utilities and public road signs), which is placed, located or maint-aine:l, it`.,. o.., uccde:: or ovor a:~y portic:i cf L-he 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 flaw of traffic on the highway, the permissive retention of overhanding signs is not to be construed as being appl.iaable to those sign supported from poles constructed outside the project right-of-way line and eat confined by adjacent buildings. WHEREAS, representatives r,f the CITY, COUNTY, the STATE, and the Federal Highway Administration have, by visual inspection, cooperatively established prajeat 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: 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 ENCROACHMENT (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 regulai:i.ons concerning encroachments and shall not be con- strued as repealing or rescinding any other ordinance or part. of any ordinance t- `-.. ~_ r unless in direct conflict therewitt-. Section 3: Any person, firm or corporation violating this ordinance shall be fined not less than ($ ) nor more than ($ ) 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 2 times with 10 days after its passage in a newspaper having a general circulation iu the City of Canton, Illinois and shall be in full force and effect after its passage, publication and approval as provided by law. v Passed and approved this _... _..- day of ,19~. (Mayor) Harland E. Crouch ATTEST Cie Nancy Whites .~ .~ ,; AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE COUNTY OF FULTON FULTON COUNTY, ILLINOIS WHEREAS, the .County of Fulton hereinafter known as the COUNTY, and the State of Illinois, acting by and through its Department of Transportation, have entered into an agreement relative to the improvement of Twentieth Avenue Street, FAU Route 6893, CH 6, County Section 78-00082-00-WR, from SBI Route 9 to Chestnut St.; and WHEREAS, in order to facilitate said improvement, it is necessary for the CUUNTY to adopt an ordinance regulating encroach~-~?nt czn the right of way for said improvement in accordance with the following definition: Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas ac- quired 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, COUNTY, STATE, and the Federal Highway Administration which will be free of encroachments ex- cept as hereinafter defined; Encroachment is defined as any building, fence, sign or any ether 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 theproperty or similar overhanging structure supparted 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 overhandicig signs is not to be construed as being applicable to those sign supported frcr.: poles constructed ouL-side the pro- ject right-of-way line and not confined by adjacent buildings. WHEREAS, representatives of the CITY, COUNTY, the STATE, and the Federal Highway Administration have, by visual inspection, cooperatively established project right-of-way lines and have mutually determined the disposition of encroachments. NOW, THEREFORE, BE IT ORDAINED, By the County of Fulton: 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 ENCROACHMENT (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 Tess than ($ ) nor more than ($ ) 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 2 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 and approved this 12th day of December 19 78. Chairman --~r~ . Paul oods ATTEST: r Co my Clerk Marjorie Easley