A. It shall be unlawful to deposit on any public street or public right of way any materials which may be harmful to the pavement thereof or any waste material, glass or other articles which might cause injury to persons or property.
B. Definitions: For the purpose of this Section of the Code, the following definitions shall apply:
PERSON: Means and includes any individual, firm, partnership, corporation, association or any other legal entity.
STREET: Any street or road situated within the Village of Kildeer, including the entire width between the boundary lines of every right of way, when any part thereof is open to the use of the public for purposes of vehicular travel.
C. It is hereby declared unlawful for any person to install, create, erect or maintain any fence, structure, devise, landscaping or any other object upon the public right of way of any street within the Village, unless otherwise permitted by Village ordinance, required by Federal or State statute, or unless a permit has been issued therefor by the Village. This prohibition incudes, but is not limited to: fences, landscape plantings, boulders, stones, rocks, stakes and other such items.
D. Permits: No permit shall be issued for the erection, construction or maintenance of any structure, devise, landscaping or any other similar object upon any public right of way, including streets and roads, unless and until the Village Administrator and Public Works Director determine that:
1. The proposed structure or device will not constitute a hazard to either pedestrian or vehicular traffic.
2. The proposed structure or device will not have any adverse effects on surrounding property, both public and private.
3. The proposed structure or device will have no other adverse effects.
4. The proposed structure or device will not impede any Municipal functions, such as snow plowing and drainage.
All of the foregoing criteria must be satisfied before a permit can be issued.
E. Any and all obstructions or other structures which are in contravention of the terms of this Section and are already existing shall be removed within thirty (30) days of the effective date of this Section, or in the alternative, an appropriate permit secured therefor within thirty (30) days of the effective date of this Section. Any structures which remain after the thirty (30) day period shall be subject for prosecution under the terms of this Section.
F. Any person violating any provisions of the terms of this Section shall be fined a sum of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00), and a separate offense shall be deemed to have occurred for each day upon which the offense occurs or continues. (Ord. 89-0-516, 12-4-89)