6-1-5: OBSTRUCTIONS AND ENCROACHMENTS:
   A.   Prohibited Generally: The streets, alleys, avenues, public grounds and places of the village shall at all times be kept free and clear of all obstructions, encumbrances and encroachments and shall be open and solely used for public purposes. No part thereof shall be held or taken for any private use or purposes whatsoever. (1999 Code § 7.03)
   B.   Encroachments On Lincoln Avenue:
      1.   Definitions:
   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 or over any portion of the roadway right of way.
   ROADWAY RIGHT OF WAY: Those areas existing or acquired by dedication or by fee simple for highway purposes. The term also means the areas acquired by temporary easement during the time the easement is in effect.
      2.   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 within the limits of the roadway right of way of U.S. Route 30 (Lincoln Avenue).
      3.   Provisions Are Additional: This subsection is supplemental to all other ordinances. (1999 Code § 7.05)
   C.   Nuisance Declared 1 ; Abatement: Every unauthorized encroachment upon or obstruction in any street, avenue, alley or public ground or place is a nuisance. Any taking, holding, keeping or using of any such street, avenue, alley or public ground or place for a private purpose or use is a nuisance. Every such nuisance shall be abated and removed by the mayor, the board of trustees committee on streets and alleys, or a person acting under direction and supervision of same. No person shall cause, suffer or permit any such nuisance. (1999 Code § 7.03)

 

Notes

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1. See also subsection 4-5-1V of this code.