A. Definitions: As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
ALLEY: Shall mean and include an alley, alley easement, or a utility easement which is ten (10) or more feet in width.
PERSON: The person who owns, controls, or occupies real property which abuts or adjoins an alley.
B. Prohibited: No person shall cause, suffer, allow or maintain any structure, object, tree, shrub or other vegetation to encroach into, on or over an alley, street, sidewalk or other public right of way.
C. Defense: It shall be a defense to prosecution under this section that:
1. The encroachment is a tree, shrub, or other vegetation which extends no farther than one foot (1') into the alley nor nearer than fourteen feet (14') from the grade of the alley or street, or eight feet (8') from the grade of a sidewalk, or that such encroachment is a wall, fence or vegetation within an easement and that such encroachment is approved by all entities having legitimate interest in such easement, provided, however, that such approval shall not constitute abandonment of any interest in real property.
2. The encroachment is within a utility easement and such easement boundary is not parallel to and contiguous with a side or rear lot line; or
3. Such encroachment is a wall, fence or vegetation within a utility easement and that such encroachment is approved by all entities having legitimate interest in such easement, provided, however, that such approval shall not constitute abandonment of any interest in real property. (Ord. 443, 10-14-2013)