§ 78-2. Structures on county rights-of-way.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

County right-of-way means any paved or graded public right-of-way, whether owned in fee simple by the county or not, which is maintained, graded, improved, or constructed by the county, or which the county is authorized by law or dedication to maintain, grade, or improve; or which has been dedicated by grant, easement, prescription, or otherwise, to the public use as a road right-of-way, and which has been, at any time in the past, graded, maintained, or improved by the county. Such term shall apply only to such of the rights-of-way as shall lie within the county, but outside the city limits of any incorporated municipality.

Erect means to construct, build, raise, assemble, place, affix, attach, create, or in any other way bring into existence or establish.

Mailbox means a permanent receptacle not larger than two cubic feet in volume, used solely for the delivery of mail or newspapers, when located upon a wood or plastic post of a maximum diameter or width not in excess of four inches, or upon a post or column of any other material, including masonry, brick, concrete, or metal, of a maximum diameter or width not in excess of two inches.

Maintain means to allow to exist.

(b)

Certain structures prohibited. No person shall erect, maintain, or make use of, or allow or authorize to be erected or maintained, any temporary or permanent structure or device whatsoever, regardless of size, on any county right-of-way. This subsection shall not apply to any temporary or permanent highway safety or traffic control signs, lights, or structures placed or maintained by the board of county commissioners, the state or any of its agencies or departments, or by any municipality.

(c)

Exception for mailboxes. Subsection (b) of this section shall not apply to any permanently affixed or maintained mailbox; provided, however, that no such mailbox shall be erected, maintained, or made use of, or allowed to be erected or maintained, on lands lying within eight feet of the paved edge of any paved county road, where sufficient area is available, or within two feet of the graded edge of any graded county road, where sufficient area is available; and further provided that any mailbox adjoining any county paved or graded road shall be maintained and used to as to open toward the roadway.

(d)

Removal of existing structures. Any person who failed to remove or modify any prohibited structure which was in existence on the effective date of Ordinance No. 84-2 within 30 days from such effective date shall be conclusively deemed to have authorized the board of county commissioners to remove that structure, and shall be responsible for reimbursing and shall immediately reimburse the board of county commissioners the actual costs of removal of the structure, which costs shall be recoverable in an action at law, in addition to a reasonable attorney fee.

(e)

Penalties. Any person violating any of the provisions of this section shall be punished by a fine not exceeding $100.00 per day for each day during which the provisions of this section are violated, and not to exceed a total fine of $500.00.

(Ord. No. 84-2, §§ 1—4, 6, 1-10-84; Ord. No. 94-04, § 2, 8-9-94; Ord. No. 07-24, § 1, 10-23-2007)