ENCROACHMENTS

§ 94.075 ENCROACHMENTS.

   All encroachments on or above the right-of-way on city streets and highways by owners or lessees, of abutting property, or by other any individual, for storage of vehicles, placement of portable or temporary signs, or other private use thereof shall be prohibited.

(Prior Code, § 8.01.01) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999

§ 94.076 SECOND STREET.

   Where Second Street passes through established business districts and the buildings are at the property line and are continuous or very closely spaced, encroachments overhanging the right-of-way line will be permitted under the following conditions:

   (A)   Awnings, canopies, marquees, signs and similar installations supported wholly from the face of the building shall be permitted to remain in place until such time that they become functionally or structurally obsolete, providing that the edge of such encroachment be not less than three feet back from the back of curb;

   (B)   Advertising or other similar signs which are less than three feet back from the face of the curb and are supported wholly from the front of the building shall be permitted to remain in place until such time that they become functionally or structurally obsolete, providing that the bottom of such encroachment be not less than 14.5 feet above the top of the curb;

   (C)   The replacement of obsolete signs, or the installation of new awnings, canopies, advertising signs or similar installations supported wholly from the building shall be permitted provided that no part of the encroachment is less than three feet back from the back of the curb and eight feet above the top of the curb elevation;

   (D)   In the event the encroachments referred to in divisions (A), (B) and (C) above, by reason of color, shape or placement, obscure in any way, or detract from the effectiveness of highway and street signs or traffic signals, the city shall cause the removal of such encroachments or take effective measures to improve the effectiveness of the highway or street signs or traffic signals;

   (E)   (1)   Temporary off-site advertising signs or encroachments for special events may be allowed in street right-of-way, (not to include Second Street, Highway 18-44), with prior approval of the City Council. Requests shall be in writing and clearly reflect the size, location and visual appearance of such signs or encroachments; and

      (2)   All such signs or encroachments are subject to review after placement, and if it is determined that they interfere with traffic flow or public safety, shall be removed or made safe immediately.

   (F)   Permits for temporary signs or encroachments are limited to seven days or less.

(Prior Code, § 8.01.02) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999

§ 94.077 GROUND SUPPORTED ENCROACHMENTS.

   Signs, canopies or other encroachments supported from the ground within the right-of-way of all streets and highways shall be removed unless they conform to requirements in § 94.076.

(Prior Code, § 8.01.03) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999

§ 94.078 TEMPORARY USE OF RIGHT-OF-WAY.

   The use of sidewalks or other areas of the right-of-way for the display or storage of merchandise shall be prohibited, unless approved prior by the City Council per § 94.076(E).

(Prior Code, § 8.01.04) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999

§ 94.079 CONTINUATION OF ENCROACHMENT.

   (A)   In cases where there are encroachments of long standing, and in the opinion of the City Council will in no way impair or interfere with the free and safe flow of traffic, the immediate removal would impose unreasonable hardship, the City Council may, at its discretion, permit the encroachment to remain for a specific period.

   (B)   This permission is subject to revocation or extension if it occurs on state highways by the State Department of Transportation.

(Prior Code, § 8.01.05) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999

§ 94.080 FEDERAL AID PROJECTS.

   On federal aid projects, the permitting of such encroachments as described in § 94.079 shall be in conformance with 23 C.F.R. § 1.23.

(Prior Code, § 8.01.06) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -)

§ 94.999 PENALTY.

   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   A contractor who violates the provisions of § 94.009 shall be fined pursuant to § 10.99 per day. Each day that a contractor is in violation shall be considered a separate crime.

(Prior Code, § 5.01.11)

   (C)   The Chief of Police shall cause the ticketing of any vehicle, trailer or moveable property item parked in violation of § 94.024. Issued tickets are subject to a $25 fine payable at the city office.

(Prior Code, § 5.02.05)

   (D)   Anyone who violates §§ 94.020 through 94.025 shall be guilty of a Class 2 misdemeanor and fined pursuant to § 10.99. Additionally, anyone who violates §§ 94.020 through 94.025 and has a vehicle towed out of the snow route shall be assessed the towing charge.

(Prior Code, § 5.02.07)

   (E)   To push or pile snow on any highway right-of-way property is a violation of SDCL § 31-32-3.1 and § 94.041 and is a Class 2 misdemeanor and fined pursuant to § 10.99.

(Prior Code, § 8.02.02)

   (F)   Anyone who violates §§ 94.055 through 94.064 shall be guilty of a Class 2 misdemeanor and fined pursuant to § 10.99.

(Prior Code, § 5.03.10)

   (G)   Any person violating any of the provisions of §§ 94.075 through 94.080, or failing to comply with the provisions thereof, shall be deemed guilty of a Class 2 misdemeanor and fined pursuant to § 10.99.

(Prior Code, § 8.01.07)

(Ord. 333, passed - -; Ord. 517, passed - -; Ord. 570, passed - -; Ord. 542, passed - -; Ord. 573, passed - -; Ord. 683, passed - -; Ord. 731, passed - -; Ord. 750, passed - -; Ord. 791, passed - -; Ord. 798, passed - -; Ord. 811, passed - -)