This article shall be cited and may be referred
to hereinafter as the "Visual Road Obstruction Law."
The Town Board of the Town of Ramapo hereby
finds that road obstructions such as shrubbery, hedges, trees, vegetation,
rock walls and fences create highway hazards by interfering with vision
and proper sight distance at corners and intersections. It is the
aim of the Town Board to reduce such road hazards caused by the above
and similar objects which are responsible for causing property damage,
personal injury and fatalities due to vehicular accidents.
This article shall apply only in the unincorporated
area, outside of the villages, in the Town of Ramapo.
No shrubbery, hedge or other natural growth
or fence (except a transparent fence such as chicken wire, in which
the solid area is not more than 5% of the total area of the fence)
or wall over three feet higher than the apex at the center line of
the street shall be located within the triangular area shown shaded
in Sketch A at the intersection of two roads, nor shall the limbs
or foliage on any tree obstruct vision or be permitted to grow nearer
to the ground than eight feet where such limbs or foliage overhangs
or is over or upon land within the triangular area as shown in Sketch
A.
This article shall be administered and enforced
by the Highway Department of the Town of Ramapo with the assistance
of the Police Department of the Town of Ramapo as set forth below:
A. Upon the determination of the Highway Department that a violation exists, pursuant to the provisions of §
243-9 hereof, it shall send a written notice specifying the violations and requiring compliance within 10 days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof addressed to the owner of record of such land if he is other than the person served at the address shown on the last preceding assessment roll. If said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
B. In the event the notice specified in Subsection
A of this section is not complied with after a period of 10 days from date of service, then the Police Department shall issue a summons to be returnable in the Justice Court of the Town of Ramapo upon the filing of an information alleging the violation herein.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C. In addition to any other penalty provided under the
law for noncompliance, the Town Board may, in its legislative discretion,
authorize the Superintendent of Highways to remove the visual obstruction.
D. The expenses incurred by the Superintendent of Highways, pursuant to Subsection
C of this section, shall be paid by the owner or occupant of the premises or by the person who caused or maintained such obstruction. The Superintendent of Highways shall file among his records an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Town Board may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien.
E. To effectuate the purpose and objectives of this article,
the Police Department shall cooperate with and assist the Highway
Department as above set forth and otherwise as may seem proper or
required in the circumstances.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Any violation by a person, firm or corporation
of this article shall be deemed an offense punishable by a fine not
to exceed $250 or imprisonment for a period not to exceed 60 days,
or both.