[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:
(a) 
The tree is free of branches for a height of six feet above ground level and has no branches above that line that droop to within six feet of ground level.
(b) 
No two such trees are closer than 20 feet to each other.
[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.