2010-14 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY

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4. 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 no 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 permissive retention of overhanging signs is not to be construed as being applicable to those signs supported by poles constructed outside the project right of way line and not confined by adjacent buildings; 5. Construction easement area is defined as the area lying between the project right of way limits and the platted street limits within the City of Decatur, by concurrence in the establishment of the project right of way lines, will permit the STATE to enter to perform all necessary construction operations; and WHEREAS, representatives of the CITY, the STATE and the Federal Highway Administration, will have, by visual inspection, cooperatively establish project right of way line and mutually determine the disposition of encroachments, NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL OF THE CITY OF DECATUR, Macon 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), except as provided in Section3, within the limits of the project right of way or the roadway right of way where no project right of way limits have been established. Section 2: The Project right of way limits have been established and shown in the plans. Section 3: No revocable permits have been issued by the STATE for the temporary retention of PERMISSIBLE ENCROACHMENTS Section 4: This ordinance is intended to be and shall be in addition to all other ordinances, rules and regulations concerning Encroachment and shall not be construed as rescinding or repealing any other ordinance or part of any ordinance unless it is in direct conflict therewith. Section 5: Any person, firm or corporation violating this Ordinance shall be fined not less than $ 10. 0 0 nor more than $ 5 0 0 . 0 0 for each offense and separate offense shall be deemed committed each and every day during which a violation continues or exists.