§ 78-8. Objects, including fixtures, in village right-of-way that obstruct the right-of-way.

(a)

Purpose. In addition to section 78-5, to promote the safe use of the village right-of-way, including, but not limited to, streets, alleys, sidewalks, curbs, shoulders, public grounds or lands dedicated to public use, to the fullest extent by the public and the village; to reduce the possibility of injury or death, to reduce the possibility of the destruction of or damage to property; to promote the efficient use of taxpayer funds, to ensure the response of emergency services, convenient delivery of mail, safe removal of snow and ice, and maintenance of public infrastructure, and to reduce liability costs resulting from potential collisions or accidents.

(b)

Definitions as used in this article.

Fixtures. Items attached to land, including, but not limited to mailboxes, supporting poles or posts, ground anchors, signs, light posts, flagpoles, basketball hoops supports, lawn ornaments, statues, monuments, memorials, decorative items, boulders, fences, concrete objects, and bricks, stones or boulders either held together by mortar or other means or arranged in any manner that they can cause bodily injury or cause damage to any type of vehicle.

Right-of-way. An area of land over which the public and goods have the right to be present, pass or travel. This may include, but is not limited to, streets, alleys, sidewalks, curbs, shoulders, public grounds or lands dedicated to public use.

(c)

Responsibility of property owner. Each adjacent property owner shall be responsible for fixtures under his or her ownership and/or control, including, but not limited to, mailboxes and attached materials, supporting poles or posts, ground anchors, signs, light posts, flagpoles, lawn ornaments, statues, monuments, memorials, decorative items, stones or boulders, fences, walkways, and bridges that obstruct or are adjacent to and affect passage through any village right-of-way, including, but not limited to, streets, alleys, sidewalks, curbs, shoulders and public grounds or lands dedicated to public use.

(d)

Mailboxes. Mailboxes and attached materials shall be installed and maintained by the adjacent property owner in conformity with village and U.S. Postal Service policies. This section continues village policy PPM-1 regarding ice and snow removal.

(e)

No assumption of liability by village. The village shall assume no responsibility or liability for any fixture owned or placed by an adjacent property owner that constitutes a road hazard, obstructs or encroaches on the village right-of-way, or is on or adjacent to the village right-of-way that affects or interferes with the delivery of government services, maintenance of public infrastructure or impairs, impedes or makes public passage hazardous or potentially interferes with any legally allowable activity on a right-of-way.

(f)

No responsibility for injury or damages by village. The village shall assume no responsibility or liability for injuries or damages that result from fixtures owned or placed by a property owner on or adjacent to a village right-of-way.

(g)

Inaction does not constitute consent. Inaction by the village to notify an adjacent property owner whose fixture exists at the time of enactment of this section shall not constitute consent to place such a fixture, or a waiver from prosecution for any violation under this Code or other applicable laws and under no circumstance shall such a fixture achieve legal non-conforming status.

(h)

Reservation of right to pursue legal action. The village reserves the right at any time to take appropriate legal action to ensure that a property owner be held responsible for injuries or damages which result from a fixture owned or placed by a property owner on or adjacent to the village right-of-way.

(i)

Inaction by village does not preclude pursuit of corrective action. Inaction by the village shall not limit the ability of the village to prosecute, to the fullest extent, for any injuries, damages or violation of this Code or any other laws which result from a fixture owned or placed by a property owner on or adjacent to a village right-of-way.

(Ord. No. 790-11, § 1, 9-12-2011)