[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Obstruction of intersections.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
Trees on and adjacent to highway.
(1)
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.
(2)
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.
E.
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.
F.
Fences. No person shall build or reconstruct any fence within the
public road right-of-way.
A.
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.
B.
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:
A.
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.
B.
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.
C.
A nameplate bearing the name and address number of the mailbox owner
shall be permitted on each box.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
The Town of Herman will replace mailboxes damaged on the Town road
system where it has been determined that:
(1)
Physical damage, which can be proven and documented by the owner
or the Town, was caused by actual Town equipment contact.
(2)
The mailbox is of standard design and placed in conformance with
U.S. Post Office standards.
(3)
The existing installation, mailbox and mailbox post were in good
repair.
B.
The Town of Herman will not replace mailboxes damaged on the Town
road system where it has been determined that:
(1)
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.
(2)
The mailbox, post and installation were not in good repair.
(3)
Evidence indicates that the weight of plowed snow resulted in the
damage to the mailbox and/or post.
C.
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.
