(A) Encroachments prohibited. It shall be unlawful for any person to erect or cause to be erected, to retain or cause to be retained, any encroachment as defined in division (B) below, except as provided.
(B) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or required a different meaning.
ENCROACHMENT.
Any building, fence, sign, 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 public 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 permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the public right-of-way line and not confined by adjacent buildings.
PUBLIC RIGHT-OF-WAY.
Those areas existing or acquired by dedication or by fee simple for highway or utility purposes; also, the areas acquired by temporary easement during the time the easement is in effect.
(C) Existing encroachments. Any revocable permits for existing encroachments issued by the city will continue to be in effect.
(D) Provisions are additional. This section is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.
('71 Code, § 9-11-4) (Ord. 2683, passed 9-12-88) Penalty, see § 150.999