§ 26-4. Encroachment in right-of-way.

(a)

Title. This section shall be known and may be cited as the county encroachment ordinance.

(b)

Intent. The intent of this section is to promote, protect and improve the health, safety and welfare of citizens of the county by providing for the control of items within the right-of-way that may be deemed a safety hazard or encroachment throughout the unincorporated areas of the county.

(c)

Scope. This section shall be used to enforce and control items within the right-of-way that may be deemed a safety hazard throughout the unincorporated areas of the county.

(d)

Definitions. For purposes of this section:

(1)

Encroachment means the placement within the right-of-way of any nonfrangible item that can be deemed a safety hazard to vehicular or pedestrian traffic.

(2)

Hazard means a source of danger.

(e)

Safety hazards prohibited. It shall be a violation of this section for any person to cause, create, permit, allow or contribute to allowing the continuation or placement of items deemed to be safety hazards within the public right-of-way.

(f)

Exception. During construction on private property where building permits have been issued, or during installation or repair of utilities, contractors may park equipment or materials essential to the construction or repair operation temporarily in the swale area a minimum of two (2) feet off the paved right-of-way immediately adjacent to the permitted property. Such equipment or materials, when temporarily placed in swales or on shoulders, shall not restrict proper drainage of runoff water and shall be marked clearly with reflective warning signs in accordance with state department of transportation standards and visible for a distance of one hundred (100) feet.

(Ord. No. 89-17, §§ 1—5, 11-6-89)