§ 95.35 DEPOSITS ON STREETS AND RIGHTS-OF-WAY.
   (A)   Definitions.
      (1)   As used in this section STREET shall mean the paved portion of any public street or alley under the jurisdiction of the Village of Channahon.
      (2)   As used in this section RIGHT-OF-WAY shall mean the portion of the public right-of-way, and shall also include sidewalks and pathways whether situated in a public right-of- way or easement, outside of the paved street portion.
   (B)   Streets.
      (1)   It shall be unlawful to deposit on any street any material which may make said street slippery or which may be harmful to the pavement or storm drain thereof, or any waste material, or other articles which may do injury to any person, animal or property.
      (2)   (a)   Where no other place is available, materials may be deposited in the street preparatory to delivery or use, with the permission of the Department of Public Works, and notice to the Police Department; provided; that such deposit does not reduce the usable width of the roadway at the point to less than 20 feet, and provided that such material, other than material to be used in actual building construction, shall not be permitted to remain on such street for more than three hours.
         (b)   Any such material shall be guarded by such lights and barricades as the Department of Public Works shall deem necessary.
      (3)   It shall be unlawful to remove any snow or ice from any private property and deposit the same upon any street.
      (4)   It shall be unlawful to operate any vehicle on any street, when the condition of said vehicle is such that soil, clay, mud, stone, gravel or other material drops or falls from the tires or any other part of said vehicle.
      (5)   It shall be unlawful to deposit on any street grass, leaves, weeds, or other landscape waste.
      (6)   The village may, at its election, remove any materials deposited or dropped on any street, alley or other improved roadway within the village in violation of this section, and may charge the cost of said removal to the person responsible for said violation.
      (7)   In addition to the operator of the offending vehicle, both the owner of the vehicle, the owner of the property from which the offending vehicle has proceeded, the general contractor and other persons responsible for the job site, shall be considered responsible for said violation. Muddy tire tracks or other deposit trails leading from a parcel of property shall be considered prima facie evidence of violation of this section by the owner of said property.
      (8)   If the village removes said material and charges for said removal, the violator shall not be deemed to have complied with this section and shall remain liable for any applicable fine in addition to the removal charge.
   (C)   Rights-of-way.
      (1)   It shall be unlawful to deposit on any right-of-way any material which may be harmful to the right-of-way, or any waste material, glass or other articles which might cause injury to persons, animals or property.
      (2)   It shall be unlawful to deposit any construction materials, gravel or construction debris in any right-of-way.
      (3)   The village may, at its election, remove any materials deposited or dropped on any right-of-way within the village in violation of this section, and may charge the cost of said removal to the person responsible for said violation.
      (4)   If the village removes said material and charges for said removal, the violator shall not be deemed to have complied with this section and shall remain liable for any applicable fine in addition to the removal charge.
   (D)   Exemptions.
      (1)   The provisions of this section shall not apply to the village or any public utility lawfully working in the street or right-of-way or to the extent prohibited in any easement where the village is grantee.
      (2)   In the event that any word, phrase, clause, sentence, paragraph, provision or section of this section, or any part thereof, shall be held to be unconstitutional, unenforceable or void, the same shall not effect the validity or enforceability or any remaining words, phrases, clauses, sentences, paragraphs, provisions or sections of this section, in addition to, but not in lieu of any other civil remedies which may be available to the village.
(Ord. 576, passed 4-2-90; Am. Ord. 1954, passed 12-3-18) Penalty, see § 95.99