§ 99.12  ENCROACHMENTS ONTO OR OVER PUBLIC RIGHT-OF-WAY.
   (A)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires 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 ENCROACHMENTS. Any existing awning, marquee or sign advertising activity on the property, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic or traffic on the street and/or highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported by 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 street and/or highway purposes; as well as, those areas acquired by permanent easement and temporary easement during the time the easement is in effect.
   (B)   It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment (herein above defined), except as provided in division (A), within the limits of the public right-of-way.
   (C)   Any person, firm or corporation violating this section shall be fined not less than $10 nor more than $500 for each offense and separate offense shall be deemed committed each and every day during which a violation continues or exists.
(Ord. 2020-5425, passed 1-21-2020)