Except as hereinafter provided it shall be unlawful for any person, firm or corporation to erect, construct, install, place, maintain, or allow to remain, or to permit the erection, construction, installation, placing, maintenance, or remaining of any encroachment upon, in, or over any right of way or portion thereof of any street, alley, or public right of way in the City of St. Francis, Kansas.
(Ord. 471; Code 2003; Code 2015)
(a) Encroachments. The word encroachments when used in this article shall (with the exception noted below) mean and include any fence, sign, awning, canopy, marquee, billboard or other advertising devise, merchandise stand, display or storage, building or other structure, or any other use for private purposes of any character which exist or would exist in, over or rest upon the right of way or any portion thereof of any street, alley, or public way in the City of St. Francis, Kansas.
(Ord. 471; Code 2003; Code 2015)
(a) Grass, trees, shrubs, and hedges are permitted in parking areas to the back of street curbs subject to all provisions of any other city or state ordinances or laws regulating same and subject always to the provision that their removal may be required at the convenience of the city.
(b) Use of any portion of street or alley right of way is permitted for installation of city utilities or for other franchised public utilities subject to any other laws or ordinances specifically regulating such installations.
(c) In those areas in the city where zoning code establishes the legal building line as being the property line, the allowable projections and clearances or other occupation of public property for marquees awnings, architectural projections or appendages, but excepting signs, will be allowed as authorized by the governing body of the city on a case by case basis. In no case will any such projection be supported by any support set forward of the building line into any street, alley, sidewalk or other public property.
(d) In those areas in the city where the city zoning code establishes the legal building line as being the property line, signs, when in compliance with other provisions of the zoning code, and/or building code, may project into a street right of way as herein defined only upon the expressed authorization and written authority of the governing body of the city.
(e) Nothing in these exceptions shall be deemed to authorize any projection or encroachment upon any street, alley, or public way that is prohibited by law or other ordinance, not to express or imply any permission, license or permit for any structure to encroach upon or project within the lines of any street, alley or public way which shall not be revocable by the governing body.
(Ord. 471; Code 2003; Code 2015)
When any encroachment exists in violation of the provision of this article, the city may forthwith issue notice requiring the removal of such encroachments within a time specified in such notice. This notice shall be determined to be legally delivered when sent either by US Mail or personally served by a police officer of the City of St. Francis, Kansas, to the owner or if the owner is unknown, said notice shall be published once in the official city newspaper. If the owner or agent fail or refuse to remove the encroachment within the time fixed in the notice, the city shall cause the encroachment to be removed.
(Ord. 471; Code 2003; Code 2015)
Any person, firm, or corporation violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 471; Code 2003; Code 2015)