(A) It shall be unlawful for any person to cause, create or maintain any obstruction upon any street, alley, sidewalk or anywhere within a public right-of-way, except as may be specifically authorized in this code. For the purpose of this section, an
OBSTRUCTION may be any person or natural or artificial object or grade of land. Without limiting the powers of the corporate authorities to develop regulations pursuant to this section, the following objects shall be specifically declared to be unlawful obstructions:
(1) Objects which are so placed as to interfere with the snowplowing operations of the village;
(2) Objects which are so placed as to likely result in damage to any village maintenance or other equipment;
(3) Objects which tend to impede the flow of traffic or interfere in a dangerous manner with the visibility of pedestrians, bicyclists or the drivers of motor vehicles;
(4) Objects which have been placed at a location in violation of other ordinances of the village;
(5) Objects which, by their nature or placement, would be likely to cause injuries to persons or property; and/or
(6) Objects which will impede or interfere with the efficient operation of village or other governments to utilize the public right-of-way or facilities placed therein.
(B) Any object which constitutes an unlawful obstruction may be removed without regard to the length of time during which it has remained upon the public right-of-way without village permission.
(C) No person may be required to remove an unlawful obstruction prior to having received a written notice, by certified or registered mail, that the obstruction is unlawful and having been given a period of not less than ten days to remove the obstruction; provided, however, that, if the obstruction constitutes an immediate danger to public health and safety, it may be removed without the notification having been given. Even under an emergency circumstance, if sufficient time exists to grant a notice to the owner to remove the obstruction, the officials of the village will attempt to give such a notice so long as the identity of the owner is known. After the notice required under this section has been given, and the obstruction has not been removed, the village officials may remove the obstruction using reasonable care.
(D) Any obstruction which is brought about as a result of a recreational activity in any street, alley, sidewalk, parkway, or anywhere within a public right-of-way shall be governed by the provisions of § 14-4-5 of this code.
(Ord. 95-08-44, passed 8-21-95)