G-1506 Ordinance No. G-1506
AN ORDINANCE
REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS.
WHEREAS, the City of Elgin hereinafter known as the CITY, and
the State of Illinois, acting by and through its Department of Trans-
portation, Division of Highways, have entered into an agreement relative
to the improvement of Ill. Route 31 (State Street), FAP 23, City Section
83-CS, and West River Road, under Federal Aid Project EHST-5172(3).
WHEREAS, in order to facilitate said improvement, it is
necessary for the CITY to adopt an ordinance regulating encroachments
on 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 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, STATE, and
the Federal Highway Administration, which will be free of encroach-
ments except as hereinafter defined:
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
advertising sign 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 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;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN,
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 Section 3, 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. Project right-of-way lines have not been
established for this improvement.
Section 3. 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 4. Any person, firm, or corporation violating this
ordinance shall be fined not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00) for each offense, and
a separate offense shall be deemed committed for each and every day
during which a violation continues or exists.
Section 5. That this ordinance shall be effective from and
after its passage, as provided by law, and shall be published in
pamphlet form by authority of the City Council.
W. E. Rauschenberger (Signature)
W. E. Raushcenberger, Mayor
Presented: January 26, 1972
Passed: January 26, 1972
Vote: Yeas 7 Nays 0
Recorded: January 26, 1972
Published: January 26, 1972
Attest:
Margaret A. Glink (Signature)
Margaret A. Glink, City Clerk