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Section
8.1.01
Encroachment on Second Street A.
All encroachments on or above the right-of-way on Second Street in the
City shall be prohibited.
B.
The use of the right-of-way on Second Street by owners or lessees of
abutting property for the storage of vehicles, placement of portable signs, or
other private use thereof shall be prohibited.
C.
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:
1.
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 face of
the curb. 2.
Advertising or other similar signs which are less than three (3) 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 fourteen and one half
(14 ½) feet above the curb elevation. 3.
The replacement of obsolete or installation of new awnings, canopies,
marquees, 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 face of the curb and eight feet above the curb
elevation. 4.
In the event the encroachments referred to in (1), (2) and (3) above, by
reason of color or placement, obscure or in any way detract from the
effectiveness of highway signs or traffic signals, the City shall cause the
removal of such encroachments or take appropriate measures to improve the
effectiveness of the highway signs or traffic signals.
D.
All signs, canopies, or other encroachments supported from the ground
within the right-of-way of Second Street shall be removed.
E.
The use of sidewalks or other areas of the right-of-way of Second Street
for the display or storage of merchandise shall be prohibited.
F.
In cases where there are encroachments of long standing which will in no
way impair the highway operation of Second Street or interfere with the free and
safe flow of traffic and, in the opinion of the South Dakota Board of
Transportation, the immediate removal would impose unreasonable hardship, the
South Dakota Board of Transportation may at its discretion permit the
encroachment to remain for a specific period.
This permission is subject to revocation or extension at the Board's
discretion.
G.
On Federal Aid projects, the permitting of such encroachments as
described in the previous paragraph shall be in conformance with the Code of
Federal Regulation #23, Paragraph 1.23.
H.
Any person violating any of the provisions of this Section, or failing to
comply with the provisions thereof, shall be deemed guilty of a Class II
Misdemeanor and fined pursuant to Section 14.01.
Section
8.1.02
City Responsibility The City is
responsible for snow removal from the highway driving lanes through town.
However, when snow is piled near the intersections, it becomes a safety
hazard to the public.
Section
8.1.03
Highway Right-of-Way According to
SDCL 31-32-3.1, “Intentional dumping on highway right-of-way is prohibited.”
The State right-of-way on Highway 18 is described as: A.
McDonald’s Restaurant, west to Edwards Oil and Anderson Tire Company is
twelve (12) feet and four (4) inches from back of curb; B.
From west of Edwards Oil to the east side of the bridge is forty two (42)
feet and four (4) inches;
C.
At Country Club Motel five (5) feet and four (4) inches from back of
curb; and D.
Beginning at the corner of East 3rd and Highway 18, to East 7th
Street, the right-of-way is twenty-three (23) feet and four (4) inches from back
of curb. Any snow
falling on the right-of-way may be pushed into the street. However, additional snow from other areas, including parking
lots, may not be pushed or piled on any highway right-of-way property.
To do so is a violation of SDCL 31-32-3.1 and is a Class II Misdemeanor
and shall be fined pursuant to Section 14.01.
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