A. Private Use: It shall be unlawful for any person to use any street, sidewalk or other public place for the display of goods or merchandise for sale; or to write or mark any signs or advertisements on any such pavement. (1968 Code, §8.111)
B. Encroachments: It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property. (1968 Code, §8.112)
C. Poles And Wires: It shall be unlawful to erect or install any poles, wires, ropes or banners or maintain any poles, wires, ropes or banners over any "public street", defined as the area measured from the back of a curb across the street to the back of the opposite curb for any purpose including, but not limited to, erecting holiday displays. (Ord. 2002-109, 11-5-2002)
D. Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. (1968 Code, §8.115)
E. Openings: It shall be unlawful to construct or maintain any opening or stairway in any public street, alley or sidewalk or other public place without a permit from the director of public works.
All such lawfully maintained openings shall be guarded by a suitable strong cover or railing approved by the director of public works. (1968 Code, §8.116)
F. Mailboxes: Notwithstanding the provisions of subsection B of this section making it unlawful to erect or maintain any building or structure which encroaches upon any public street, mailboxes and supporting structures may be installed in public rights of way, without a permit from the village, provided said mailbox and supporting structure is erected and located in accordance with the requirements of the United States postal service and subject to the following conditions:
1. No part of the structure on which the mailbox rests or which holds or supports it or the face of the mailbox shall be closer than eight inches (8") from the back of curb or edge of pavement (if there is no curb).
2. The supporting post for other than brick or masonry mailbox structures shall be no closer than eighteen inches (18") from the back of a curb or edge of pavement (if there is no curb), and posts shall be constructed of materials having sufficient strength to withstand forces of snow applied during normal roadway snow plowing operations.
3. Mailboxes constructed of brick or a masonry material shall not exceed the dimensions of two feet (2') in width, two feet (2') in depth and five feet (5') in height.
4. Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway. It shall be unlawful to install, maintain or connect utility lines to mailbox structures for any purpose.
5. The owner of the mailbox shall be responsible for all costs of installing and maintaining the mailbox. Maintenance provisions shall comply with section PM-300.2 of the Bartlett maintenance code.
6. The village will not repair or replace any damaged mailbox unless said damage was caused solely by the village or unless said mailbox is removed due to parkway maintenance, road widening or utility installation by the village or its contractors. The village may, at its sole option, elect to pay the reasonable cost of replacement therefor, or to cause said damaged or removed mailbox to be replaced with a mailbox of like kind, except that the replacement cost and the replacement of a brick or masonry monument mailbox shall be limited by and/or conform with the dimension restrictions set forth in subsection F3 of this section.
7. All structures other than mailboxes and public utility facilities and appurtenances constructed and located in accordance with all village codes and ordinances are prohibited from being located in the public right of way.
8. Notice is hereby given that in the event of any claim, lawsuit, cause of action or liability against the village arising out of any damage to persons or property caused by or alleged to be caused by any such mailbox and/or its supporting structure which has been installed in the public right of way, the village shall seek indemnification, contribution and/or otherwise seek to recover its expenses in defending any such action and/or damages suffered from the owner of the premises and/or any other party or parties responsible for installing such mailbox and/or structure in the public right of way. (Ord. 94-50, 5-17-1994)