[1]
NOTE: For state law authorizing Town to require trimming of
brush, hedges, etc., near street intersections, etc., see N.J.S.A.
40:48-2-26, 40:48-2.27.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
It shall be unlawful for any owner or tenant of property to
suffer, permit or cause any grass, brush, hedges, shrubs, trees or
other plant life to grow adjacent to any roadway within the Town or
adjacent to the intersection of any two roadways so as to create a
traffic hazard by obstructing the view of persons using such roadways
or intersections. The owner or tenant of abutting property shall be
responsible for any such obstruction to vision caused by plant growth
located in the area between the street property line of such property
and the street or roadway itself.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020; 2-26-2019 by G.O. No. 2127]
It shall be unlawful for any owner, contractor or tenant of
lands to suffer, permit, or cause any other object or thing, such
as but not limited to flags, structures, fences, temporary construction
fencing, parked automobiles, etc., to exist, be located or remain
adjacent to any roadway within the Town of Westfield or adjacent to
the intersection of any two roadways so as to create a traffic hazard
by obstructing the view of persons using such roadways or intersections.
The owner, contractor or tenant of abutting property shall be responsible
for any such obstructions to vision caused by objects or things located
in the area between the street property line of such property and
the street or roadway itself.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
(a)
Such traffic hazard shall be presumed to exist at an intersection
if there is any such plant growth or any object or thing located in
the triangular area described below which is more than 24 inches in
height as measured from the top for the curb on streets with curbs
or more than 30 inches in height as measured from the street or shoulder
itself where there is no curb. The triangular area shall begin at
the intersection of the curbline of any two intersecting streets,
projected to form a point, and shall be formed by connecting the ends
of a line extending away from such beginning point 80 feet along the
curbline of one such intersecting street, and a line extending away
from such beginning point 15 feet along the curbline of the other
intersecting street with a straight line. This sight triangle shall
be established on both the left and right sides of the intersection
in order to allow a clear and unobstructed view in either direction.
On streets where no curb exists, the curbline shall be deemed to be
located where the shoulder of the roadway consisting of gravel or
macadam abuts grass or other vegetation.
(b)
Such hazard shall also exist at other locations not involving intersections
or at intersections involving unusual angles or lines of sight when
the traffic safety officer determines, after inspection of the site,
that there is an obstruction to the vision of persons using the roadway
because of plant growth or other objects which does not permit the
operator of an approaching motor vehicle or bicycle to observe other
persons or vehicles using the roadway ahead or on intersecting roadways
at a sufficient distance to avoid accidents.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
Notwithstanding anything in this article to the contrary, trees
of any size located in the area described above shall not be considered
to be obstructions to vision if the following tests are satisfied:
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
The traffic safety officer of the Police Department, as designated
by the Chief of Police of the Town or any other police officer of
the Town is hereby designated, appointed and directed to enforce this
article in the manner provided in this article. The Town Engineer
shall report any conditions which he believes constitutes such safety
hazard to the traffic safety officer for further action.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
If the traffic safety officer or other police officer shall
determine at any time that any grass, brush, hedges, or other plant
life growing adjacent to any roadway or adjacent to the intersection
of any two roadways or that fences, other objects or things adjacent
to any roadway or adjacent to the intersection of any two roadways
obstruct the view of persons using such roadway or intersection so
as to create a traffic hazard as defined herein, he shall notify the
owner or tenant of the property on which the same is growing or which
abuts when the obstruction exists between the property line and the
street roadway, to cut or trim the same to a height of not more than
24 inches above the top of the curb on streets with curbs or a height
of not more than 30 inches above the street or shoulder on streets
that do not have curbs, or to remove same if not plant growth, or
to take remedial action in such other manner as he may designate as
necessary to eliminate such hazard and to afford a clean and unobstructed
view on such roadway or at such intersection. Such notice shall be
in writing; shall clearly describe the plant growth, object or thing
deemed to be an obstruction to vision; shall describe the remedial
measures which are required, the time for accomplishing such work,
and the penalties for failure to do so; shall include a copy of this
article, and shall be served personally by the Police Department upon
the owner, tenant or a member of the household 14 years of age or
older.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
The owner or tenant so notified as provided in the preceding
section shall have a period of 10 days to comply with such order.
Such period shall commence from the date of service of such notice.
[G.O. No. 1287, § I; amended 6-3-2014 by G.O. No.
2020]
If the owner or tenant so notified fails to take the remedial
action ordered, said traffic safety officer or other police officer
shall file a complaint in municipal court against said owner or tenant
charging a violation of this article. The owner or tenant so charged
shall have the right to challenge the determination of the traffic
safety officer or police officer that a traffic safety hazard exists
at the hearing before the municipal court pursuant to such complaint
and the court shall decide such issue. Any person found to be in violation
this article by the municipal court shall be subject to a fine of
not more than $100. Each day that a person permits such condition
to continue after being found guilty of violation of this article
shall constitute an additional separate offense.
