[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Obstruction of intersections.
Purpose. No person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more roads, streets or alleys in the Town of Herman any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.
Traffic visibility. On a corner parcel, no fence, wall, hedge, planting or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner parcels and a line joining the points along said street lines 25 feet from the point of intersection. In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.
Obstruction of traffic signs. It is unlawful for any person to plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign in the Town. It shall be the duty of every owner of such tree, brush, shrubbery or vegetation to remove such obstruction.
Abatement procedure. Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel, and the Town Clerk shall notify the property owner in writing, describing the conditions, stating the steps necessary to correct the conditions, and establishing a reasonable time within which the corrective steps shall be taken. In the event that effective steps are not taken within the time specified, it shall be lawful for the Town to abate these conditions to the extent necessary to assure compliance with the foregoing requirements, and the costs thereof shall be assessed to the owner.
Trees on and adjacent to highway.
Removal of fallen trees. If any tree falls from adjacent land into any highway, the owner or occupant of the land shall immediately remove the tree from the highway. If the tree is not removed by the property owner following notice from the Town, the Town may remove from any highway any fallen tree or trees therein and charge the cost thereof to the property owner pursuant to § 66.0627, Wis. Stats. Under emergency situations when public safety is endangered, the Town may dispense with this procedure and immediately remove the tree.
Planting trees and shrubs in highway. Any person owning or occupying land adjoining any highway may, with the approval of the Town Board, plant, cultivate and maintain trees, shrubs or hedges on the side of the highway contiguous to and within 10 feet of his/her land. Such trees, shrubs or hedges shall be cut or removed only by the owner or occupant of the abutting land or by the public authority having control of the highway.
Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark or in any other manner injure any public or private trees, shrubs or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs and hedges for the purpose of and conducive to the benefit and improvement of the owner's land or the highway facility. When it is necessary for trees in a road right-of-way to be removed, the adjacent property owner shall have a right of first refusal to have the wood.
Fences. No person shall build or reconstruct any fence within the public road right-of-way.
It shall be unlawful for any person to throw or deposit any weeds, sod, brush, cans, glass, gravel, stones, boulders, machinery, garbage or other waste or rubbish in or on the right-of-way of any highway located in the Town of Herman, without written permission of the Town Board for temporary use.
It shall be unlawful for any person to burn any material of any nature in or on the right-of-way of any such highway or road, and particularly the paved portions thereof, in the Town of Herman, except as specifically authorized by the Town Board.
Rural mailboxes are prohibited on the right-of-way of all highways within the Town of Herman except as hereinafter provided:
Mailboxes are approved only if they are of a construction or design approved by the United States Postal Service or previously approved by the Postmaster.
Newspaper tubes are permitted only if provided by the newspaper and of a construction or design that will not present a hazard to the public use of the right-of-way.
A nameplate bearing the name and address number of the mailbox owner shall be permitted on each box.
The support for the mailbox and newspaper tube shall adhere to the standards governing construction of mailbox supports as established by the Wisconsin Department of Transportation and shall not constitute a hazard to the public use of the right-of-way.
Mailbox and newspaper tubes must be located on the side of the road required by the United States Postal Service and so that the door to the mailbox or protruding end of the newspaper tube is at least one foot from the paved portion of the highway.
The owner of each mailbox and/or newspaper tube shall, within 24 hours after the end of each snowfall, remove all snow and ice which has fallen or accumulated in front of said mailbox and/or said newspaper tube.
No other object of any kind shall be attached to the mailbox, newspaper tube or its supports. No other objects, including but not limited to landscaping boulders or fences, may be placed on the right-of-way.
This section is not intended to and shall not be construed to create any affirmative duty on the part of the Town of Herman to locate and remove obstructing mailboxes.
The Town of Herman will replace mailboxes damaged on the Town road system where it has been determined that:
Physical damage, which can be proven and documented by the owner or the Town, was caused by actual Town equipment contact.
The mailbox is of standard design and placed in conformance with U.S. Post Office standards.
The existing installation, mailbox and mailbox post were in good repair.
The Town of Herman will not replace mailboxes damaged on the Town road system where it has been determined that:
The mailbox was not of standard design or not placed in conformance with U.S. Post Office standards, even though it may have been damaged by Town equipment.
The mailbox, post and installation were not in good repair.
Evidence indicates that the weight of plowed snow resulted in the damage to the mailbox and/or post.
The replacement of mailboxes by the Town of Herman shall be limited to a payment of $25. Special decorative mailboxes and/or posts will not be provided. If the owner wishes to install a decorative mailbox and/or post that meets standards, it shall be at the owner's expense.