(A) General prohibition against public right-of-way encroachments. No encroachment shall be allowed on or in any public right-of-way unless otherwise provided in this chapter or elsewhere in this chapter.
(B) Noncompliance. The Clerk/Treasurer shall inform an offending person or entity in writing by ordinary mail at his, her, or its last known business or home address, that the offender has ten calendar days from the date of the notice to remove the encroachment from the right-of-way. If the encroachment is not removed within the ten calendar days, then the city shall have the right to remove the encroachment at the violator’s cost without further notice.
(C) Exceptions. The following exceptions to the general prohibition in division (A) above shall be allowed, subject to the condition that the item(s) placed on or in a right-of-way do not create safety hazards by blocking reasonable access to or passage through a right-of-way or egress and ingress to an adjoining entrance way, or by obstructing vehicular traffic or traffic signal sight lines:
(1) Sandwich board advertising abutting a licensed business, as permitted by this chapter;
(2) Planters or landscaping items;
(3) Set-outs of merchandise or other related items in the right-of-way of the abutting business establishment during that business’ regular operating hours, as set forth in § 95.03, unless otherwise prohibited by this chapter;
(4) Any property placed in the right-of-way by a governmental or quasi-governmental agency or body, including, but not limited to traffic control and directional signs and devices, fire hydrants, emergency call boxes, United States Postal Service mail receptacles or boxes, telephones, electrical and light poles, public transportation shelters, benches, and identifying signs as required or permitted by law, and street identification signs;
(5) Temporary signage promoting parades, festivals, concerts, or other special events that are open to the public, subject to the condition that the event has been issued a valid permit by the City Council under §§ 93.01 through 93.03 or other applicable law. Temporary signage must be removed within seven calendar days following the conclusion of the event;
(6) Temporary scaffolding or other materials related to exterior building renovation or construction, subject to the conditions within this chapter requiring a permit prior to proceeding with said renovation or construction; or
(7) Any encroachment otherwise allowed in this chapter.
(Ord. 4, 2012, passed 3-12-2012)