[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley 10-17-1994 by L.L. No. 8-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 156.
[1]
Editor's Note: This local law superseded former Ch. 194, Visual Obstructions, adopted 12-20-1993 by L.L. No. 11-1993.
As used in this chapter, the following terms shall have the meanings indicated:
GROUND
The grade directly below any part of any shrub, bush, hedge or tree as located on a plumb line.
SHRUB, BUSH OR HEDGE
Any plant upon which grows leaves, flowers or needles.
STREET
The traveled portion of any public or private street, whether paved or unpaved. "Street" does not include driveways that service only single-family homes and does not include the shoulder of the street.
TREE
Any plant more than seven feet tall.
A. 
No owner, occupant or tenant of any property within the Village shall permit any shrub, bush or hedge more than 30 inches tall (to a height of more than 30 inches above the ground) or any tree with branches less than seven feet above the ground in any area on said property which is:
(1) 
Less than seven feet from any street and less than 15 feet from any intersecting street; or
(2) 
Less than 12 feet from the point of intersection of any two streets.
B. 
With respect to any shrub, bush, hedge or tree located in violation of § 194-2A, following full safety review, if in the opinion of the Chief of Police or the Police Lieutenants such shrub, bush, hedge or tree does not create a traffic hazard and written permission is given by the Police Chief or the Police Lieutenants to said owner, occupant, or tenant to permit such shrub, bush, hedge or tree to be in said area, then that shrub, bush, hedge or tree may remain in said location.
[Amended 7-5-2005 by L.L. No. 5-2005]
C. 
In any other location no owner, occupant or tenant of any property within the village shall permit any shrub, bush, hedge or tree if in the opinion of the Chief of Police or the Police Lieutenants said shrub, bush, hedge or tree is a safety hazard to drivers of vehicles, unless it can be eliminated by the use of a traffic control or safety device. If the safety hazard can be eliminated by the use of a traffic control of safety device, then the shrub, bush, hedge or tree may remain in said location.
[Amended 7-5-2005 by L.L. No. 5-2005]
[Amended 7-5-2005 by L.L. No. 5-2005]
The Chief of Police or the Police Lieutenants shall report any violation of § 194-2 of this chapter to the Building Inspector or Code Enforcement Officer, and the Building Inspector or his agent may, by notice mailed to the owner, occupant or tenant of the property, order such owner, occupant or tenant, on or before a date fixed in such notices, to cure such violation by removal or trimming of the shrub, bush, hedge or tree at the owner's expense. The Village Manager or his/her agents may direct the Building Inspector to cause the shrub, bush, hedge or tree to be removed or trimmed at the owner, occupant or tenant's expense if the owner, occupant or tenant fails to comply with such notice.
[Amended 7-5-2005 by L.L. No. 5-2005]
If such owner or tenant shall fail to comply with such notice, the Building Inspector or Code Enforcement Officer shall cause the same to be removed or trimmed as in his discretion he shall deem appropriate to remove any visual obstruction of oncoming traffic at any intersection caused by the shrub, bush, hedge or tree.
Any owner, occupant or tenant who shall fail to comply with any notice served pursuant to § 194-3 of this chapter or who shall resist or obstruct the Building Inspector or any person acting under his direction in removing or trimming any such shrub, bush, hedge or tree, upon conviction thereof, shall be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both such fines and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute a separate and distinct offense for each day that the offense continues.
The following diagram is intended to reflect the parameters of the area in which the height and size of any shrub, bush, hedge or tree is restricted as is set forth in § 194-2 of this chapter.