Municipal Code

Chapter 15: Streets and Sidewalks

This chapter is part of the searchable online municipal code, revised 07/30/2025.

Chapter overview

[Printed Page 190]

CHAPTER 15

STREETS AND SIDEWALKS1

Article -thru-
xiii.I In General 15-1 15-27
II Construction & Excavations 15-28 15-61

ARTICLE I. IN GENERAL

Sec. 15-1. Supervision Generally; Enforcement

Page 190 • Chapter 15

All public streets, alleys, sidewalks and other public ways in the Village shall be under the supervision of
the Superintendent of Public Works. He shall have supervision over all work thereon, and the cleaning thereof,
and shall be charged with the enforcement of all ordinances relating to such public places, except traffic
ordinances, and is hereby authorized to enforce such ordinances.

Sec. 15-2. Injury to Streets, etc

Page 190 • Chapter 15

a. It shall be unlawful for any person to injure any sidewalk, street or alley pavement.

b. It shall be unlawful for any person/motor vehicle to cause damage or injury to any city parking lot
area or to spin loose gravel or newly laid surface on property owned by the Village of Durand.

Sec. 15-3. Injury to New Pavement

Page 190 • Chapter 15

It shall be unlawful to walk upon or drive any vehicle or animal upon, or injure any newly laid street or
sidewalk pavement while the same is guarded by a warning sign or barricade or to knowingly injure any soft
newly made pavement.

Sec. 15-4. Pavement to be Kept in Good Repair; Supervision of Work

Page 190 • Chapter 15

All public street, alley and sidewalk pavement shall be kept in good repair. Such repair work, whether
done by the Village or by the abutting owner, shall be under the supervision of the Superintendent of Public
Works.

Sec. 15-5. Duty of Village Employees to Report Defects

Page 190 • Chapter 15

It shall be the duty of every Village officer or employee becoming cognizant of any defect in any street,
alley or sidewalk, or any obstruction thereof, to report the same to the Superintendent of Public Works, as soon
as possible.

Sec. 15-6. Obstructions Generally

Page 191 • Chapter 15

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 ordinance or by the Superintendent
of Public Works.

Sec. 15-7. Obstructing Drains

Page 190 • Chapter 15

It shall be unlawful for any person to obstruct any drain in any public street or alley.

Sec. 15-8. Scaffolds and Ladders Over Public Ways

Page 190 • Chapter 15

Any scaffolds or ladders placed in such a position that they overhang or can fall onto any public street,
alley or other public place or way in the Village, shall be firmly and properly constructed and safeguarded.

Sec. 15-9. Placing Articles on Window Ledges, etc

Page 190 • Chapter 15

It shall be unlawful to place any movable article on any window ledge, or other place abutting on a public
street, alley or other public place at a height above four (4) feet from the ground, in such a manner that the
same can be or is in danger of falling onto such street, sidewalk or other public place.

Sec. 15-10. Private Use of Public Places for Advertising or Display Purposes

Page 190 • Chapter 15

It shall be unlawful for any person, firm or corporation, to use any street, sidewalk or other public place as
space for the display or sale of goods or merchandise or to write or make any signs or advertisements on any
such pavements.

Sec. 15-11. Encroachment Generally

Page 190 • Chapter 15

It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street
or other public property.

Sec. 15-12. Erection of Poles and Wires

Page 190 • Chapter 15

It shall be unlawful to erect or maintain any poles or wires on or over any public street, alley, or other
public way without having first secured permission from the Village Board of Trustees.

Sec. 15-13. Permit and Bond Required for Erection of Gas Pumps

Page 190 • Chapter 15

a. It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or
sidewalk, without having first obtained a permit therefore from the Village Board of Trustees.

b. No permit required by subsection (a) shall be issued until the applicant furnishes a bond or indemnity
policy with a corporate surety to indemnify the Village against loss or liability in the sum of ten
thousand dollars ($10,000.00) occasioned by such tank or pump.

Cross-reference - Permits generally, 10-1 et seq.

Sec. 15-14. Stairways; Other Openings

Page 192 • Chapter 15

It shall be unlawful to construct or maintain any opening or stairway in any public street or sidewalk or
alley without a permit from the Board of Trustees. All such lawfully maintained openings shall be guarded by
a suitable strong cover or a railing, to the approval of the Superintendent of Public Works.

Sec. 15-15. Deposits on Streets

Page 190 • Chapter 15

a. It shall be unlawful to deposit on any street any material, which may be harmful to the pavement
thereof or any waste material, or any glass, or other articles, which may do injury to any person,
animal or property.

b. Coal or other materials may be deposited in streets preparatory to delivery or use, provided such
deposit does not reduce the useable width of the roadway at that point to less than eighteen (18) feet;
provided that such material or coal, other than material to be used in actual building construction, shall
not be permitted to remain on such street for more than three (3) hours.

c. Any such material or coal shall be guarded by lights if the same remains upon any street after
nighttime.

Sec. 15-16. Deposits on Sidewalks

Page 190 • Chapter 15

a. It shall be unlawful to deposit on any public sidewalk any material which may be harmful to the
pavement thereof, or any waste materials or any glass or other articles, which might cause injury to
person, animals or property.

b. Merchandise or other articles may be deposited on sidewalks preparatory to delivery if the useable
width of the sidewalk is not thereby reduced to less than four (4) feet; and provided that no such
article shall remain on such walk for more than one-half (1/2) hour.

Sec. 15-17. Games in Public Ways

Page 190 • Chapter 15

It shall be unlawful to play any games upon any street, alley or sidewalk, where such games cause
unnecessary noise, or interfere with traffic or pedestrians.

Sec. 15-18. - 15-27. Removal of Snow and Ice from Sidewalks

Page 193 • Chapter 15

a. Parcels Zoned Retail or Industrial - Generally. It is hereby made the duty of every owner or tenant of
any lot, piece or parcel of land zoned any form of Retail or Industrial situated in the Village alongside
of which there has been constructed and maintained or hereafter may be constructed and maintained a
sidewalk. and which is not located on the Village's - Downtown Square, to keep the snow and ice
cleaned off the sidewalks in such a manner that travel thereon will be convenient and safe. Said
requirement shall not apply to any lot, piece or parcel of land zoned residential within the Village .
Such snow and ice shall be removed from said sidewalk as soon as practicable after the snow or ice
has fallen or collected on the sidewalk, and in case the snow and ice is not removed from said
sidewalk within five (5) hours after notice to remove the same has been given to the owner or tenant
of the lot, piece or parcel of land alongside of which the said sidewalk runs, by the superintendent of
public works, then the owner of said lot piece , or parcel of land or in case the same is occupied by a
tenant, then the tenant thereof shall, upon conviction , pay a penalty of not less than fifty (50) dollars
but no more than one hundred (100) dollars, with each and every day constituting a new and separate

offense, in additional to the expense of removing the debris.

b. Parcels located on the "Downtown Square". The Village will remove snow and ice on all concrete
sidewalks installed on the Village's - "Downtown Square" in 2022 that are adjacent to parking stalls
which were striped in 2022 between the hours of 2:00 A.M. and 6:00 A.M.

Between the hours of 6:00 A.M. and 2:00 A.M. of the following day, it is hereby made the duty of
every owner or tenant of any lot, piece or parcel of land situated on the Village's "Downtown Square"
(as defined below) alongside of which there has been constructed and maintained or hereafter may be
constructed and maintained a sidewalk. to keep the snow and ice cleaned off the sidewalks in such a
manner that travel thereon will be convenient and safe. The entire length and at least 48 inches of the
width of the abutting sidewalk shall be cleared.

Subject to the above, during the regular business hours of any business operating on the
"Downtown Square'·, snow and ice shall be removed from said sidewalk by the owner, tenant. or
agent of said business as soon as practicable after the snow or ice has fallen or collected from the
sidewalk. The entire length and at least 48 inches of the width of the abutting sidewalk shall be
cleared. In case the snow and ice is not removed from said sidewalk within two (2) hours after notice
to remove the same has been given to the owner or tenant of the lot piece or parcel of land alongside
of which the said sidewalk runs, by the superintendent of public works, then the owner of said lot,
piece or parcel of land or in case the same is occupied by a tenant then the tenant thereof shall, upon
conviction. pay a penalty of not less than fifty (50) dollars but no more than one hundred ( 100)
dollars. with each and every day constituting a new and separate offense, in addition to the expense of
removing the debris.

Subject to the above, during non -business hours of any business operating on the - "Downtown
Square" or if the owner or tenant of a parcel of property located on the "Downtown Square" does not
operate a business, snow and ice shall be removed from said sidewalk by the owner, tenant, or agent
of the property as soon as practicable after the snow and ice has fallen or collected from the sidewalk.
The entire length and at least 48 inches of the width of the abutting sidewalk shall be cleared. In case
the snow and ice are not removed from said sidewalk within five (5) hours after notice to remove the
same has been given to the owner or tenant of the lot piece or parcel of land alongside of which the
sidewalk runs, by the superintendent of public works , then the owner of said lot, piece or parcel of
land or in case the same is occupied by a tenant , then the tenant thereof shall. Upon, conviction, pay a
penalty of not less than fifty (50 dollars but no more than one hundred (100) dollars , with each and
every day constituting a new and separate offense, in addition to the expense of removing the debris.

The owners or tenants of any lot, piece or parcel of land situated within the Village alongside of
which there has been constructed and maintained a sidewalk and who have been charged with
removing ice from said sidewalk shall use an ice melt mixture consisting of magnesium or calcium
chloride or any other ice salt blend which has been approved by the superintendent of public works in
advance for usage on the subject sidewalks. The use of rock salt to remove ice from any of the subject
sidewalks located on the "Downtown Square" is expressly prohibited.

For purposes of this Ordinance, the "Downtown Square" shall be defined as any parcel of real
estate bearing a physical address within the following boundaries:

• The portion of N01th Center Street running North of West Howard Street and Oak Street and

ending at East Main Street and West Main Street. (Ord. 2022-17; 12/12/22)

ARTICLE II. CONSTRUCTION AND EXCAVATIONS2
DIVISION I. GENERALLY

Sec. 15-28. Barricades and Lighting

Page 190 • Chapter 15

a. Any person laying or repairing any pavement on a street, sidewalk or other public place, or making an
excavation in any such place, shall maintain suitable barricades to prevent injury to any person or
vehicle by reason of the work; such barricades shall be protected by a light at nighttime.

b. Any defects in any pavement shall be barricaded to prevent injury and any person properly
maintaining any opening or excavation while the same remains open shall guard such opening by
proper barricades and lights.

Sec. 15-29. Disturbing Barricades; Warning Lights

Page 190 • Chapter 15

It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark
any new pavement, excavation or opening in any public street, alley or sidewalk.

Sec. 15-30. Sidewalk Construction to be Paid by Property Owners; Responsibility for Repairs

Page 190 • Chapter 15

The cost of the construction of all new sidewalks in the Village shall be paid by the owners of the property
abutting the new sidewalk.

Sec. 15-31. Responsibility for Repairs of Sidewalks

Page 190 • Chapter 15

Whenever any existing sidewalk is willfully or negligently injured by any person, the cost of repairing the
sidewalk shall be paid by said person.

Sec. 15-32. - 15-199. Reserved

Page 190 • Chapter 15
DIVISION II. ALTERATIONS AND WORK ON PUBLIC ROADS AND PROPERTY.

Sec. 15-200. Definitions

Page 190 • Chapter 15

Person means any person, persons, firm, corporation, or any organization or concern.

Sec. 15-201. Permit Required

Page 195 • Chapter 15

It shall be unlawful for any person, except a public utility which has by ordinance or agreement been
authorized by the Village to maintain its public utility facilities within the Village, to make any excavation or

alteration in or across, or to tunnel under any curb, gutter or street or any Village property or property to which
the Village possesses right of way without first having secured a permit therefore from the Superintendent of
Public Works.

Sec. 15-201. a. Notice Required

Page 190 • Chapter 15

All persons and organizations shall, at least 48 hours prior to commencement of construction or repair of
roads, roadways, curbs, gutters, public water, lighting or sewer systems or of any other public infrastructure
within the Village of Durand or of construction or repair work on or within any property over or within which
the Village of Durand shall have an easement or right of way, notify the Durand Superintendent of Public
Works in order to arrange for appropriate construction inspection and approval. In addition to all other
approvals and permits that may be required, the inspection and approval of the Village Engineer shall be
required. The Superintendent of Public Works shall, at his discretion upon receipt of the aforesaid notice,
immediately notify the Village Engineer to arrange for his inspection and approval. Work performed or
materials and equipment installed without all required inspections and approvals including that of the Village
Engineer may be considered unacceptable at the discretion of the Village Engineer, and may have to be
replaced at no cost to the Village Engineer or the Village of Durand. (Ord. 1999-12; 08/99)

Sec. 15-202. Application

Page 190 • Chapter 15

The application for a permit required by this Ordinance shall be filed with the Village Clerk. The
application shall state the name of the applicant, where he resides, on whose behalf the work is to be done, the
nature of the work that is desired to be done, and the reason therefore, the size, type, and location of the street
surface or other improvement to be injured or altered and the exact location where the work is to be done. The
application shall be under oath, sworn to before a Notary Public and signed by the applicant and said
application shall contain a statement that the applicant agrees that if he shall injure or alter for any purpose
whatsoever any pavement of any street, alley, sidewalk, curb or gutter or any part thereof, or dig any hole,
trench, ditch or drain, or dig or remove any sod, stone, curb, earth, sand or gravel from any street, alley,
sidewalk, parkway or other public property, that he shall be responsible and liable to the Village for damages
to persons or property in consequence thereof which the Village shall suffer or be adjudged to pay. It shall
further contain a statement that the applicant shall pay all damages to the street surface or improvement that
may arise due to operations of the applicant or any person on behalf of the applicant and applicant agrees to
pay all damages that may be recovered against the Village to any person or property occasioned by or in any
manner resulting from the operations of applicant or any person on behalf of the applicant on public property.

Sec. 15-203. Bond Requirements; Conditions

Page 196 • Chapter 15

If the Superintendent of Public Works find the permit requested should be issued, the applicant shall be
required to enter into a bond of not less than one hundred and fifty per cent (150%) of the cost of the project as
determined by the Superintendent of Public Works with corporate sureties furnished by a reputable surety
company as approved by the Superintendent of Public Works, conditioned that the applicant will do the work
for which he has applied for a permit in a proper and workmanlike manner and in accordance with the
specifications set forth; that the applicant will pay all damages to the street surface or improvement that may
arise due to operations of the applicant or any person on behalf of the applicant and that the applicant will pay
all damages that may be recovered against the Village to any person or property occasioned by or in any
manner resulting from the operations of the applicant or any person on behalf of the applicant on public
property. Said bond shall be effective for a duration of one (1) year after the date applicant has ceased his

operations.

Sec. 15-204. Permit Fee

Page 190 • Chapter 15

The permit fee shall be fifty dollars ($50.00).

Sec. 15-205. Specifications; Restoration

Page 190 • Chapter 15

Any person doing any work or having work performed by another pursuant to a permit shall promptly
restore any street surface or other property which may be injured or damaged in any manner. Street surfaces so
injured shall be restored by a reputable contractor, firm or individual in accordance with the following
specifications:

a. All dirt and rubble shall be removed from the excavation site. The Village Superintendent of Public
Works, or such officer or agent as may be designated from time to time by the Village, shall be
notified prior to restoration of the injured street surface so that an on -site inspection may take place
during the restoration process.

b. Permanent and semi -permanent street surfaces shall be repaired to their original condition by the
person doing the work. Where the excavation is within the surface area of any street, it shall be
backfilled by using sand or stone screenings in layers not less than six (6) inches in depth. Each layer
shall be thoroughly compacted by tamping by the use of ramming tools or hand tampers. The final
layer of road repair shall be not less than six (6) inches of CA2 crushed road stone or equivalent plus
not less than six (6) inches of CA6 crushed road stone or equivalent for a total of not less than twelve
(12) inches of crushed road stone and compacted utilizing the above methods. Four (4) to six (6)
weeks shall be allowed for settling before finishing or such other time as may be directed by the
Superintendent of Public Works or such other officer or agent as may be designated from time to time
by the Village. (Ord. No. 1999-5; 05/1999)

c. If the surface of the street is concrete, the surface shall be replaced by using concrete, which meets
state specifications and is equal in thickness to the original surface and finished in a manner similar
and equal to the original surface. If the original surface was of a bituminous nature, the surface shall
be repaired by using bituminous patching mixture, which meets state specifications, for a thickness of
two (2) inches or the thickness of the original surface, whichever is grater. The bituminous patching
material shall be smoothed and rolled until thoroughly compacted to the line and grade of the original
surface.

d. Any gravel or crushed stone surface shall be backfilled as described previously in this section and the
street surface repaired by using the same type of surfacing material to a depth equal to the original
street surface.

Sec. 15-206. Penalties

Page 197 • Chapter 15

Any person, persons, corporation, firm, or any organization or concern who shall intentionally injure any
road, highway, or public property of the Village of Durand, without first securing a permit as required above,
shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) and
each and every day such work continues shall constitute a new and separate offense. Failure to restore the road,
highway, or public property to the original condition as provided by this Ordinance, shall subject the offender

to a penalty not to exceed one hundred dollars ($100.00) for each and every day such failure continues after
written notice by or on behalf of the Superintendent of Public Works or the Village Clerk or the Village of
Durand.

Sec. 15-207. - 15-299 Reserved

Page 190 • Chapter 15
DIVISION 3. DRIVEWAY CONSTRUCTION AND MAINTENANCE.

Sec. 15-300. Permit Required

Page 190 • Chapter 15

No person shall hereafter construct, reconstruct, build, establish or maintain a driveway over, across or
upon any portion of the public walk or public parkway right of way without first having obtained a written
permit to do so from the Superintendent of P ublic Works. No permit shall be issued for construction or
establishment of any such driveway except in accordance with the provisions herein contained.

Applicants are entitled to a driveway permit only if:

a. The driveway will not create undue safety hazard;

b. It will not impede safe and efficient flow of traffic;

c. It does and will conform in all respects to existing traffic, zoning and building provisions.

d. Engineering guidelines, restrictions and/or requirements, established for any street or other project
that would be affected by construction of the driveway for which a permit is or should be sought,
will not be violated, unless, for good cause shown, an exception is approved by the Village
Engineer or the Village Board of Trustees.

Applications for permit must be made in writing and filed with the Village Clerk upon forms furnished by
the Village. Said application shall contain the name and address of the person making the application, the name
of the contractor or person who is to construct said driveway and the proposed location and dimensions of such
driveway. Complete plans and specifications shall be filed with the Village Clerk at least forty-eight (48) hours
before permit shall be issued.

Sec. 15-301. Supervision

Page 190 • Chapter 15

All such work shall be done under the jurisdiction of the Superintendent of Public Works and in
accordance with the ordinances of the Village and shall be inspected upon completion by the constituted
members of such Department.

Sec. 15-302. Specifications

Page 198 • Chapter 15

All plans and specification must conform to the following minimum requirements before permit for
construction or reconstruction shall be permitted:

a. Driveway for other than residential or dwelling house use shall be constructed of Portland cement
concrete with a minimum test factor of three thousand pounds per square inch (3,000 P.S.I.) and at

least six inches (6)) in thickness or two and one -half inches (2 1/2") of asphalt with six-inch (6")
gravel base.

b. Driveway for residential or dwelling house use shall be constructed in a manner and of material equal
at least to that existing for the paving of the public street adjacent thereto, except where concrete
pavement exists in the public street and bituminous surface is desired for the driveway. Such surface
shall be permitted provided it shall have a minimum depth of two inches (2") without any loose
material on top and has a base of water bound macadam at least six inches (6") thick, and provided
that a Portland cement concrete apron with a minimum test factor of three thousand pounds per square
inch (3,000 P.S.I.) and not less than three feet (3') in width be constructed between the existing
concrete pavement and the proposed bituminous driveway surface.

c. Where a driveway of any kind of material is constructed across the sidewalk space, it shall conform to
the sidewalk grade as established by the Village Engineer or the Village Board of Trustees.

d. Where a driveway of any kind of material is constructed across an existing sidewalk, said sidewalk
shall be removed and replaced with Portland cement concrete with a minimum test factor of three
thousand pounds per square inch (3,000 P.S.I.) for the full width of the driveway and for a distance of
at least twelve inches (12") on both sides of said walk. This portion shall be no less than six inches
(6") thickness.

e. Macadam, gravel, cinder, and other types of driveways where permitted herein shall be not less than
six inches (6") thick, compacted depth.

f. Where paving in the public street is of concrete, and a concrete driveway is constructed, a one inch
(1") bituminous pre-molded expansion joint with load transmission unit shall be placed approximately
three feet (3') from the edge of the said concrete paving and normal to the center line of the driveway.

g. The width of the driveway for other than residential or dwelling house shall not exceed thirty feet (30')
at the property line. Where two (2) or more adjoining driveways are provided for the same property, a
safety island of not less than twenty feet (20') at the property line shall be provided. Not more than
two (2) such driveways shall be allowed to any one owner for any one piece of property on any one
street for each one hundred feet (100') of continuous frontage thereof. The Village Board of Trustees
reserves the right to waive the width requirement.

h. The width of the driveways for residential or dwelling house shall not be less than ten feet (10') nor
more than thirty feet (30') at the property line. The Village Board of Trustees reserves the right to
waive the width requirement.

i. The width of the driveway opening at the curb line or edge of street pavement shall not exceed the
width of the driveway at the inner or property edge plus twenty feet (20'), nor be less than the width of
the driveway at the property line plus ten feet (10'). In no instance should the radius be less than three
feet (3') at curb corners, and this only when the driveway is flared; or more than ten feet (10') when
the driveway is at right angles to the street line. The centerline of all driveways must be approximately
at right angles to the centerline of the pavement in the public street for a distance of at least ten feet
(10') from curb line or edge of street pavement.

j. All driveways shall be so graded between the street and the sidewalk that it will not be necessary to

change the established grade of either and will not elevate or depress any portion of either. No part of
said driveway shall extend beyond the curb line or edge of street pavement in such a manner as to
change the grade of said street or obstruct the free flow of water in any gutter. Where elevations or
depressions are necessary in the parkway strip between the curb and walk, said parkway shall be
graded on both sides of the driveway to a distance sufficient to create a gradual ascent or descent.

k. Where curbs exist, combined curb and gutter and separate curbing shall be entirely removed for the
full width of the driveway opening at the curb line or as directed by the Superintendent of Public
Works. If an existing joint in said curb is within five feet (5') of the end of the driveway opening,
remove the existing curbing to said joint, otherwise cut said combined curb and gutter or separate
curbing, making a neat edge truly at right angles to the edge of the pavement and truly vertical.
Integral curbing, which is that type placed with the pavement and molded as an integral part of it,
must be removed for the full depth from the top curb to the bottom of the pavement. The edge must be
cut as above described. No combined curb and gutter, straight curb or integral curb shall be removed
within five feet (5') of a public crosswalk.

l. Where driveways cross open ditches in the parkways, culverts shall be installed. Said culverts shall be
of such size and length and shall be constructed of such material as determined by the Superintendent
of Public Works, depending on the conditions existing. In no instance shall the size of opening be less
than that obtained by a twelve-inch (12") diameter pipe.

m. Where existing catch basin is in the area of the proposed driveway, the tops shall be removed and
turned into the Village. A heavier cover shall be furnished and set by the Superintendent of Public
Works, and the additional cost thereof shall be paid by the contractor.

n. Where storm sewer inlet is in the area of the proposed driveway, the tops shall be removed and
replaced with a manhole tip with perforated lid. Said top shall be set by the Superintendent of Public
Works, and the additional cost thereof shall be paid by the contractor.

o. Where any existing utility shutoff or control valve, fire hydrant or utility pole is in the area of the
proposed driveway, such changes or relocations must be arranged with the utility or fire department
involved as may be required by said utility or fire department, and the additional cost thereof shall be
paid by the contractor.

p. All driveways constructed or reconstructed over, across or upon any public street, public parkway, or
public right of way in the Village shall be kept and maintained at all times in accordance with the
provisions hereof by the persons so constructing, reconstructing or using the same as an adjunct or
appurtenance to lands or properties immediately adjacent thereto.

Sec. 15-303. Permit Fee

Page 190 • Chapter 15

The permit fee shall be twenty dollars ($20.00).

Sec. 15-304. Penalties

Page 200 • Chapter 15

Any person, persons, corporation, firm or any organization or concern who shall violate any provision of
this ordinance shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred
dollars ($100.00) and each and every day such violation continues shall constitute a new and separate offense.

Sec. 15-305. - 15-399. Reserved

Page 190 • Chapter 15
DIVISION 4. UNOBSTRUCTED VIEW AT INTERSECTIONS

Sec. 15-400. Sight Clear Distance

Page 190 • Chapter 15

On any corner lot, within one -half of the right -of-way width from the intersection of the nearest right -of-
way lines, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially
impede vision between a height of three (3) feet and ten (10) feet above the plane surface formed by the center
line grades of the intersecting streets.

Sec. 15-401. Penalties

Page 190 • Chapter 15

Any person violating or disobeying this Ordinance shall be fined upon conviction not less than $10.00 nor
more than $100.00 for each offense with the fine to be recovered in the manner and form as provided by law.
A separate offense shall be deemed committed upon each day during or on which the violation of this
Ordinance occurs or continues.

Sec. 15-402. - 15-499. Reserved

Page 190 • Chapter 15
DIVISION 5. REGULATE ENCROACHMENT -RIGHT-OF-WAY

Sec. 15-500. Definitions

Page 190 • Chapter 15

a. Roadway Right-of-Way is defined as those areas existing or acquired by dedication or by fee simple
for highway purposes; also, the areas acquired by temporary mow during the time the easement is in
effect.

b. Encroachment is defined as any building, fence, sign, or any other structure or object of any kind
(with the exception of utilities and public road signs), which is placed, located or maintained in, on or
over any portion of the roadway right-of-way.

Sec. 15-501. Encroachment Prohibited

Page 190 • Chapter 15

It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to
be retained, an encroachment (herein above defined), within the limits of any roadway right-of-way within the
corporate limits of the Village of Durand.

Sec. 15-502. Intent

Page 190 • Chapter 15

This Article is intended to and shall be in addition to all other ordinances, rules and regulations concerning
encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any
ordinance unless in direct conflict therewith.

Sec. 15-503. Penalty

Page 201 • Chapter 15

Any person, firm or corporation violating this Article shall be fined not less than $100.00 nor more than
$500.00 for each offense, and a separate offense shall be deemed committed for each and every day during
which a violation continues or exists.

Sec. 15-504. - 15-599. Reserved

Page 190 • Chapter 15
DIVISION 6. PROHIBIT CONNECTION OF SANITARY OR INDUSTRIAL WASTE SEWER TO
STORM WATER DRAINAGE SYSTEMS

Sec. 15-600. Prohibited

Page 190 • Chapter 15

It shall be unlawful for any person, firm or corporation to connect or cause to be connected, any drain
carrying, or to carry, any toilet, sink, basement, septic tank, cesspool, industrial waste, or any fixture or device
discharging polluting substances, to any storm water drain in the Village of Durand.

Sec. 15-601. Penalty

Page 190 • Chapter 15

Any person, firm or corporation violating this Article shall be fined not less than $100.00 nor more than
$500.00 for each offense, and a separate offense shall be deemed committed for each and every day during
which a violation continues or exists.

1Cross references - Department of public works, 2-126 et seq.; use of streets in construction operations. 7 -15;
use of sidewalks in construction operations, 7-16; motor vehicles and traffic, Ch. 11.

State law reference - General power of Village over streets and public ways, Ill. Rev. Stat. Ch. 24, 11-80-1.

2Cross reference - Care to be taken to avoid injury to roots of trees and shrubs when making excavations, 17 -
19.