§ 78-5. Obstructions and encroachments.

(a)

Prohibited acts.

(1)

Generally. 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 any part thereof, or permit such 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.

(2)

Caused by snow. No person shall place snow upon any public street in such a manner which interferes with or obstructs the free movement of pedestrian or vehicular traffic upon the street or right-of-way or with the use of any parking place provided upon the street or right-of-way.

(3)

Caused by garbage, trash, debris. No person shall place garbage, trash, brush, or other debris, or any container for the holding of any garbage, trash, brush or other debris, upon any public street or right-of-way that interferes with or obstructs the free movement of pedestrian or vehicular traffic upon the street or right-of-way or with the use of any parking place provided upon the street.

(4)

Signs. No person shall place, or cause to be placed, any sign within any village right-of-way except such signs as are expressly authorized by the state, county, or village.

(5)

Location of signs . No sign, other than official governmental signs, may be posted in any public right-of-way or affixed to any street sign or utility pole. For purposes of this section, a sign shall be presumed to be in violation of this section if it is either:

a.

Located within ten feet of the edge of the street pavement or curb (when a curb is present) on public streets having no sidewalk; or

b.

Located between the sidewalk and the street pavement or curb, (when a curb is present) on public streets having sidewalks.

(b)

Exceptions. The prohibition of subsection (a)(1) of this section shall not apply to the following:

(1)

Signs and clocks attached to buildings which project not 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 7½ feet above the sidewalk, street or alley.

(3)

Public utility encroachments duly authorized by law or the village board.

(4)

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

(5)

Building materials permitted under section 78-4.

(6)

Street use permit under article II of this chapter.

(7)

Underground sprinkler systems for which a valid permit issued under section 18-168(c) is in effect.

(Code 1991, § 8.04; Ord. No. 668-02, § 2, 1-28-02; Ord. No. 744-07, § 1, 5-14-2007)