HomeMy WebLinkAboutOrdinance #0939J
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#939
AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT-OF-WAY IN THE 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 Letter of Understanding relative to the improvement of Main Street
(Illinois Route 78, FA Route 22, State Section (133, 134, 135)RS-1) from the
north city limits of Canton to North Park Drive; 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;
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,
or 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 pedestrian traffic or traffic on the highway. The permis-
sive 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, representativesof the CITY and the STATE have, by visual inspection,
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 Road-
way Right-of-Way.
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 ordi-
nance or part of any ordinance unless in direct conflict therewith.
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AN ORDINANCE REGULATING ENCROACHMENT (CONT'D)
Section 3: Any person, firm, or corporation violating this ordinance shall be
fined not less than ($ 25.00 ) nor more
than $ 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 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
taw.
Passed and approved this 20th
day of July 19
Mayor
ATTEST:
v
ity Clerk
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