§ 66-5. Obstructions and encroachments.  


Latest version.
  • (a)

    Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use or permit an encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in subsection (b) of this section.

    (b)

    Exceptions. The prohibition of subsection (a) shall not apply to the following:

    (1)

    Signs or clocks attached to buildings which project no more than six feet from the face of such building and which do not extend below any point ten feet above the sidewalk, street or alley.

    (2)

    Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

    (3)

    Public utility encroachments duly authorized by law or the board.

    (4)

    Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided such goods, wares, merchandise or fixtures do not remain on the sidewalk for more than three hours.

    (c)

    Street privilege permit.

    (1)

    When required. Street use permits may be granted to applicants by the building inspector or the chairman of the street committee for the purpose of moving any building or structure or of encumbering the street with materials necessary in and about the construction or demolition of any building or structure, provided the applicant has complied with the other requirements of this section and has obtained a building permit if required by section 14-96.

    (2)

    Bond. No street privilege permit shall be issued until the applicant executes and files with the clerk a bond in the amount set by the board, conditioned that the applicant will indemnify and save harmless the village from all liability for accidents or damages caused by reason of operations under the permit and will remove the encumbrance upon completion of operations and will leave the vacated premises in a clean and sanitary condition and repair any damage to the streets or public property of the village resulting from the operation.

    (3)

    Fee. The fee for a street privilege permit shall be as set by the board.

    (4)

    Conditions of occupancy.

    a.

    The permission to occupy or obstruct the streets shall be for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and should be vacated at the earliest possible completion time.

    b.

    The person seeking a permit shall erect barriers, warning lights and signs to inform the traveling public of the nature and location of the work being performed.

(Code 1989, § 7.05)