ARTICLE D.  SNOW REMOVAL, MAILBOXES AND RIGHT OF WAY OBSTRUCTIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95865
8-1D-1: DEFINITIONS:
8-1D-2: MAILBOXES AND RIGHT OF WAY OBSTRUCTIONS:
8-1D-3: SNOW DEPOSIT AND REMOVAL PROHIBITIONS:
8-1D-4: EXEMPTIONS:
8-1D-5: PREEMPTION:

8-1D-1: DEFINITIONS: linklink


As used in this article, the following words and terms shall have the meanings ascribed thereto in this section:

ARTIFICIALLY DEPOSITING: The displacement of snow during the act of snow removal.

COMMERCIAL SNOWPLOW: Any person or vehicle engaged in the act of snow removal for hire or profit.

DAMAGE: Tear, remove, destroy or mar any surface, including the gouging or destruction of sod, soil or plants, while removing any snow, except for the routine scraping of any hard surface, such as asphalt, pavement or concrete, that occurs when any vehicle or equipment utilized for snow removal is operating on said hard surface to remove snow.

DRIVEWAY: Any lane, path, or way utilized either privately or publicly for the movement of pedestrians or vehicles in order to access any street or sidewalk.

FIRE HYDRANT: Any permanently installed device, connected to a water source such as a water main or line, used for the discharge of water in the performance of abatement or elimination of fire.

GRAVEL SHOULDER: The gravel portion of a right of way in the village which is installed and maintained by the village extending three feet (3') from the pavement.

MAILBOX: Includes residential or commercial mailboxes, rural route mailboxes, newspaper boxes, fast freight drop off boxes and any similar devices intended for use as curbside drop off or delivery.

OBSTRUCTING: Blocking the access, passage or visibility of any vehicle or person.

RIGHT OF WAY: That area adjoining any street or sidewalk which is designated on an official plat, official map, or other official document as a right of way, or in the absence of any such document, that area within five feet (5') of the curbing or edge of any street.

SNOW: Any snow, slush, ice, frozen rain or other form of frozen precipitation.

SNOW REMOVAL: The act of engaging in the dragging, blowing, pushing, forcing, or otherwise moving any snow from the location in which it was naturally deposited to any other location, whether manually or with the aid of a vehicle or tool, and whether engaged in for profit or not.

STREET: Any improved or unimproved surface maintained by any municipal organization, either local, county, or state, within the municipal boundaries of the village for the purpose of allowing the movement of vehicles or persons, provided such surface is designated as a street, road, highway, or other passageway.

VILLAGE EMPLOYEE: Any person or business entity engaged in the act of snow removal because of employment by the village, either directly or through a snow removal contract with the village. (Ord. 2008-21, 6-16-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95865#s1100388
8-1D-2: MAILBOXES AND RIGHT OF WAY OBSTRUCTIONS: linklink


A. Location, Placement And Construction Requirements:

1. Mailboxes located in the public right of way, or within any easement granted to the village, shall be placed to safely and conveniently serve mail carriers.

2. Mailboxes shall be located on the right hand side of the road in the direction of travel established for vehicular traffic.

3. Mailboxes shall be installed in accordance with the following setbacks:

a. An eighteen inch (18") setback from the back of the curb to the face of the mailbox support, or if no curb exists, from the edge of the road pavement, or from the edge of a mailbox turnout (either paved or gravel), or from the edge of a gravel shoulder, closest to the mailbox.

b. A maximum of forty two inch (42") and a minimum of thirty six inch (36") clearance between the road pavement and the bottom of the mailbox.

c. Even with or up to a maximum six inch (6") setback from the back of the curb to the face of the mailbox, or if no curb exists, a minimum six inch (6") setback to a maximum twelve inch (12") setback from the edge of the road pavement, or from the edge of a mailbox turnout (either paved or gravel), or from the edge of a gravel shoulder.

d. Mailboxes and their supports shall not encroach in or upon any public sidewalk.

e. Mailboxes shall meet the published standards of the United States postal services bulletin 21997 (5-6-99) as well as Illinois department of transportation standards along state highways.

4. Mailbox supports shall be constructed of nominal four inch by four inch (4" x 4") or four and one-half inch (41/2") diameter wood posts, or one and one-half inch (11/2") to two inch (2") diameter standard steel or aluminum pipe posts, buried no more than twenty four inches (24") into the ground. Said supports shall be constructed in accordance with the standards delineated in United States postal service bulletin 21997 (5-6-99) attached to the ordinance codified herein as exhibit A and incorporated herein by reference. Unacceptable support structures include, but are not limited to, brick, block, stone or concrete masonry columns, wagon wheels, or steel pipes1.

5. a. The mailbox shall be securely attached to its support to prevent it from separating from the support if struck by a vehicle, and shall be regularly maintained by the property owner to ensure continuing compliance with these regulations.

b. In the case of wooden mailbox supports (4 inch by 4 inch wooden post), the mailbox shall be supported by a minimum of a two inch (2") thick (e.g., 2 inch by 4 inch) horizontal support attached to the wooden post, with the horizontal support being augmented by a minimum of a two inch (2") thick (e.g., 2 inch by 4 inch) angled support installed at a forty five degree (45°) angle to the vertical wooden post and to the horizontal support. The wooden post, horizontal support and angled support shall be connected by galvanized or stainless steel screws, minimum two inches (2") in length; nails or untreated (e.g., drywall) screws, and screws of less than two inches (2") in length are prohibited. Use of reinforcing galvanized or painted hardware (metal angle supports, etc.) is encouraged. Wood used for wooden mailbox supports shall be of a weather resistant type (e.g., pressure treated wood or cedar), and shall be treated with a weather resistant sealant or protectant. Wooden supports that are rotted or whose connecting hardware (screws, etc.) are rusted or broken shall be repaired or replaced as necessary to comply with these requirements.

c. In the case of nonwooden mailbox supports or nonwooden materials attached to a wooden post, the supports shall be regularly maintained and shall be constructed of weather resistant (e.g., galvanized or painted metal, plastic, aluminum, stainless steel) materials, joined with galvanized or stainless steel hardware, and regularly maintained. Mailbox supports that are rusted, broken, corroded, cracked or otherwise in disrepair shall be repaired or replaced as necessary to comply with these requirements.

6. The property owner shall be responsible for the replacement, repair and maintenance of mailboxes, except as otherwise provided by subsection A8 of this section. (Ord. 2008-21, 6-16-2008)

7. The village will not replace or repair any damaged mailbox unless said damage is caused by village owned equipment striking the mailbox or post structure. Damage caused by the snow being discharged or pushed to the curb is not the responsibility of the village. The village reserves the right to replace damaged mailboxes and structures in kind, with mailboxes selected and installed by the village. Any repair or replacement must be made in conformance with the standards of this section. No reimbursement shall be made by the village for any nonconforming or unapproved mailbox support. The village shall not be responsible for damaging any other improvement or item located in a public right of way, other than a lawfully parked motor vehicle. (Ord. 2015-O-40, 12-7-2015)

8. If the owner of any premises within the village fails to correct or remove an unapproved mailbox/support installation after seven (7) days from the issuance of a written order by the building commissioner (or his designee), he shall cause the summary abatement of such nuisance at the expense of the person responsible for the same.


B. Nonconforming Mailbox/Support Installations:

1. The use of existing mailbox/support installations which do not conform to the provisions of this section may be continued, although such use does not conform with the provisions hereof, and such use may be extended, provided no structural alterations are made therein. Whenever a nonconforming use of a mailbox/support has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. (Ord. 2008-21, 6-16-2008)

2. No mailbox/support installation which has been damaged by fire, explosion, act of God, act of nature, the public enemy, intentional or unintentional causes, to an extent that the building commissioner (or his designee) determines, in his sole discretion, is not acceptable, shall be restored except in conformance with the regulations of this section. (Ord. 2008-21, 6-16-2008; amd. 2011 Code)

3. No existing mailbox/support installation devoted to a use not permitted by this section shall be enlarged, extended, reconstructed, or structurally altered unless such use is changed in conforming with the regulations of this section.

4. In the event any property owner seeks to install a nonconforming mailbox/support installation, or to obtain a village permit for an existing nonconforming mailbox/support, he may file an application with the village building department for the same. Upon payment of the then current permit review fee, the village shall review the application and, if consistent with this article, issue a permit, subject to the following requirements:

a. Mailboxes constructed of brick or masonry materials shall not exceed 2.5 feet long by 2.5 feet wide, and cannot exceed sixty inches (60") above the edge of the pavement2.

b. No other improvements or additions shall be made to said mailboxes, including, but not limited to: wing walls, planters, light fixtures or signage other than addresses or nameplates as permitted under the zoning ordinance. Said mailboxes shall have a foundation to support the structure to prevent frost heaving and instability.

c. Foundations shall be at least twelve inches (12") deep, and shall not exceed twenty four inches (24") deep. Utility locates shall be completed prior to any construction of said mailbox.

d. A hold harmless agreement and release shall be signed with the village prior to construction of any mailbox; provided, that the owner of the property is solely responsible for the maintenance of and liability for the mailbox. Issuance of a village permit shall not constitute any indication that the proposed mailbox complies with applicable state or federal standards, nor that it complies with applicable covenants, conditions and restrictions for any subdivision.

e. Any damage caused to brick or masonry mailboxes by the village shall not entitle the owner to reimbursement in excess of the reimbursement amount ($50.00) for a standard breakaway mailbox.


C. Other Right Of Way Obstructions: Nothing contained within this article shall be construed to permit any property owner to install or maintain any other obstruction within any public right of way other than after obtaining village permission and consent, via permit. Notwithstanding the foregoing, and regardless of whether or not a permit has been issued, the village shall not be responsible for any damage caused to any private property located within a public right of way, including, but not limited to, landscaping, "invisible fence" wiring, plants, shrubs, trees, lighting, sprinkler systems, hoses, plumbing or any other materials whatsoever, regardless of the fashion in which the property is damaged (e.g., damage to plantings caused by the village application of salt to roadways, or damage to underground "invisible fence" wiring caused by village snow removal shall not be a liability of the village); except, that the village shall be responsible for replacement of mailboxes damaged by the village under the provisions of subsection A7 of this section within the limitations defined therein. (Ord. 2008-21, 6-16-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95865#s1100389
8-1D-3: SNOW DEPOSIT AND REMOVAL PROHIBITIONS: linklink


A. Deposits On Public Ways: It is unlawful for any person to artificially deposit any snow upon a street or sidewalk or gravel shoulder of a street within the village. Such artificial depositing includes, but is not limited to, the act of snow removal from a driveway or path, across any street, and onto the right of way on the side of the street opposite the driveway.


B. Obstructing Public Ways: It is unlawful for any person to artificially deposit any snow so as to obstruct a street or sidewalk within the village. Such artificial depositing includes snow removal so as to prevent pedestrians or vehicles from being able to pass any such right of way, street or sidewalk, or the removal of snow so as to block the vision of any person attempting to traverse any intersection of any street, sidewalk, or driveway.


C. Obstructing Fire Hydrants: It is unlawful for any person to artificially deposit any snow in any location so as to obstruct the access or visibility of any fire hydrant within the village.


D. Damage To Property During Snow Removal: It is unlawful for any person to damage any property, mailbox, fire hydrant, right of way, street or sidewalk during any snow removal. It is also unlawful to fail to inform the owner of property of any damage to property, mailbox, fire hydrant, right of way, street or sidewalk that occurs during any snow removal.


E. Deposit On Private Property: It is unlawful for any commercial snowplow to artificially deposit any snow on private property without the express consent of the property owner prior to the depositing. (Ord. 2008-21, 6-16-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95865#s1100390
8-1D-4: EXEMPTIONS: linklink


A. No person shall be held liable for any obstruction of any fire hydrant, right of way, street or sidewalk where such obstruction occurs as a result of the natural accumulation of snow, except where such natural accumulation is aggravated by any snow removal.


B. No person shall be held liable for a temporary violation of this article, not exceeding ten (10) minutes in time, which occurs while in the performance of snow removal.


C. No village employee or private contractor employed by the village shall be held liable for any violation of this article while acting in the performance of his official or contractual snow removal duties for the village or on its behalf. (Ord. 2008-21, 6-16-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95865#s1100391
8-1D-5: PREEMPTION: linklink

Nothing contained in this article shall preempt or alter any common law or statutory right of recovery of any person for damages incurred as a result of any snow removal, except to the extent that this article affects the liability of the village for damage to private property located within a public right of way. (Ord. 2008-21, 6-16-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=95865#s1100392


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also subsection 8-1D-2B4a of this article.
Footnote 2: See also subsection 8-1D-2A4 of this article.