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HomeMy WebLinkAboutOrdinance #0763• ,N-. : 1' ~~ EXHiE1T "D" `~(03 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: ~. i ~ y g,,, ~' ~,"1i ' -. 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 tgrtN day of ~'V} ARC H 19~. /~ ~ ~ ~.~ Mayor Attest: °' a-- ty Clerk -2-