G43-74 Ordinance No. G43-74
AN ORDINANCE
REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF ELGIN
WHEREAS, the City of Elgin and the State of Illinois, acting by and
through its Department of Transportation, Division of Highways, have
entered into a written agreement providing for the improvement of the
two bridges, one located at Chicago Street over the Fox River and the
other at Highland Avenue over the Fox River under the designation of U.S.
Business Route 20, SBI Route 5, State Section 8 EXT-BR, City Section
87-B-CS; and
WHEREAS, in order to facilitate said improvement, it is necessary
that the City of Elgin pass an ordinance regulating encroachment on said
right of way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. For purposes of this ordinance the following definitions
shall apply:
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;
elk Project Right of Way is defined as those areas within the pro-
ject right-of-way lines established jointly by the City and the
State, which will be free of encroachments 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 front poles constructed outside the
project right-of-way line and not confined by adjacent buildings.
Section 2. 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 en-
croachment as defined in Section 1 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 3. That this ordinance be in addition to all other ordinances,
rules and regulations concerning encroachments on the public right of way
and shall not be construed as repealing or rescinding any other ordinance
or part of any ordinance unless directly in conflict with the provisions of
this ordinance.
Section 4. That any person, firm or corporation violating the provi-
sions of this ordinance shall be fined not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00) for each offense, a
separate offense shall be committed for each and every day for which a viola-
tion continues to exist.
Section 5. That this ordinance shall be in full force and effect from
and after its passage and publication in pamphlet form by authority of the
City Council.
s/ W. E. Rauschenberger
W. E. Rauschenberger, Mayor
Presented: July 24, 1974
Passed: July 24, 1974
Vote: Yeas 5 Nays 0
Recorded: July 24, 1974
Published: July 24, 1974
Attest:
s/ Margaret A. glink
Margaret A. Glink, City Clerk