A. Definitions:
CONSTRUCTION EASEMENT AREA: That area lying between the project right of way limits and the platted street limits within which the city, by concurrence and the establishment of the project right of way lines, will permit the state or other governmental entity or contractor to enter to perform all necessary construction operations and shall specifically include "project right of way" which is defined as those areas within the project right of way lines established jointly by the city and state and the federal highway administration which will be free of encroachments except as defined herein.
ENCROACHMENT: Any building, fence, sign (permanent or temporary), or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under, or over any portion of the right of way.
PERMISSIBLE ENCROACHMENT: Any existing awning, marquee, advertising sign, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissible retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the right of way line and not confined by adjacent buildings.
RIGHT OF WAY: Those areas existing or acquired by dedication or by fee simple for highway or roadway purposes; also, the areas acquired by temporary easement during the time of the easement.
B. Encroachments Prohibited; Exceptions: It shall be unlawful and a violation of this section for any person to erect or cause to be erected, to retain or cause to be retained, any encroachment, except a "permissible encroachment", as defined in subsection A of this section, on rights of way located within the corporate limits of the city.
C. Penalty: Any person violating any provisions of this section shall be punishable as provided in section 1-4-1 of this code. (Ord. 99-O-10, 2-2-1999)