§ 58-2. Obstructions prohibited; exceptions.

(a)

It shall be unlawful for any person to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specifically authorized by this Code or other ordinance of the village or by the public works director when necessary in any emergency or in connection with any lawful construction, repair or removal work.

(b)

An object causes, creates or maintains an obstruction of a street, alley, sidewalk or other public way if it:

(1)

Is located in a public right-of-way except for mailboxes placed or constructed as provided in subsection (c);

(2)

Restricts sight distance to below minimum stopping sight distances on American Association of State Highway and Transportation Officials (AASHTO) guidelines;

(3)

Renders a pedestrian way non-compliant with applicable federal or state standards for accessibility under Title II of the Americans with Disabilities Act;

(4)

Restricts, redirects or blocks drainage or interferes with the maintenance of drainage ways;

(5)

Prevents reasonable access for utilities; or

(6)

Consists of rocks, boulders or other landscape materials.

(c)

A mailbox may be permitted within a public right-of-way only if it complies with the following criteria:

(1)

The mailbox structure shall not consist of masonry or concrete.

(2)

Mailbox structures shall comply with AASHTO's Roadside Design Guide, Section 4.6.5 Mailbox Supports, and Federal Highway Administration (FHWA) standards.

(3)

Mailbox supports shall:

a.

If wood, be no greater than either four inches by four inches if square or four inches in diameter if round;

b.

If metal, have a strength no greater than a two-inch diameter standard strength steel pipe; and

c.

Not be embedded more than 24 inches into the ground nor set in concrete, unless the support design has been shown to be safe by crash tests.

(d)

Objects not conforming to the requirements of this section that were located within the right-of-way before the effective date of this section are permitted subject to the following conditions:

(1)

No structural alteration of or addition to a non-conforming object is permitted.

(2)

If any non-conforming object is damaged or destroyed by any means, repair or reconstruction is not permitted.

(3)

If the village determined that the non-conforming object renders the roadway impassible or unreasonably inconvenient or hazardous to the public, it is subject to removal at the expense of the person responsible for the object.

(e)

Upon identifying a non-conforming object, the public works director shall notify the responsible person by posting a notice on site or delivering it by certified mail.

(f)

Any party failing to remove a non-conforming object within 14 days from receiving a notice from the public works director shall be subject to a fine of $25.00 per day for each day that the violation exists thereafter, plus reimbursement of attorney's fees incurred by the village as a result of the enforcement of the terms of this section.

(Code 1974, § 17-2; Ord. No. 2007-30, § 2, 10-2-07; Ord. No. 2008-15, § 1, 7-1-2008)

State law reference

Authority of village to prevent and remove obstructions on streets, 5 ILCS 5/11-80-3.