City of Gonzales, TX OBSTRUCTION OF VIEW AND MOVEMENT

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Curbing.

The boundary of that portion of any street which is improved, designed or ordinarily used for vehicular traffic.

Fence.

Any enclosing barrier, movable or immovable, constructed of wood, metal or any other material, regardless of its use or purpose.

Object.

Every sign, advertisement, container or display item of any type or form, whether movable or immovable, which is not authorized by state or city law.

Plant.

Any hedge, bush, shrub, vine, palm or other vegetation, except trees.

Property.

The boundary line of any street, which line marks the division between the street area and the property abutting upon the same.

Street.

The entire width of every way or place of whatsoever nature when any part thereof is open to the use of the public as a matter of right for the purpose of traffic.

Traffic.

Pedestrians, riders of animals and drivers of vehicles, while using any street or sidewalk for the purpose of travel.

Vehicle.

Every device in, upon or by which any person or property is or may be transported to drawn upon a street, except devices moved by human power.

(1995 Code of Ordinances, Title VII, Chapter 70, Section 70.35)

(a)

Prohibited Near Street Corners.

It shall be unlawful for any person to place or maintain, or cause to be placed or maintained any plant, object or vehicle having a height greater than three feet above the level of the center of the nearest abutting street, on or in that portion of any corner lot in the city, which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the curblines, at points 25 feet from the street corner intersection of the curblines.

(b)

Prohibited in Sidewalk Areas.

It shall be unlawful for any person to place, maintain or permit, or cause to be placed or maintained any plant, object or vehicle having a height greater than three feet above the level of the nearest abutting street on or in that area which lies between the property lines of any corner lot and the curblines of any street in the city.

(c)

Trees Near Street Corners to be Trimmed.

It shall be unlawful for any person to place or maintain, or cause to be placed or maintained, any tree on or in that portion of any corner lot in the city, which portion is included in a triangle on the street corner of that lot formed by a diagonal line intersecting the curblines 25 feet from the street corner intersection of the curblines unless all limbs, branches and foliage on the tree are kept trimmed and pruned to a minimum clearance of eight feet above the street level at the nearest curbline or to such clearance as will provide an unobstructed view of traffic signs and controls to oncoming traffic.

(d)

Placing and Maintaining in Sidewalk Area So as to Prohibit Free Passage.

It shall be unlawful for any person to place, maintain or permit, or cause to be placed or maintained, any tree, plant, object or vehicle on or in the area between the property line of any lot and the curbline of any street abutting such property line in such a way as to obstruct the free passage on and use of that area by the public.

(e)

Placing Near Fire Hydrants.

It shall be unlawful for any person to place, maintain or permit, or cause to be placed or maintained on any property, any tree, plant or object within five feet of any fire hydrant in the city.

(f)

Minimum Clearance of Trees in Sidewalk Areas.

It shall be unlawful for the owner of occupant of any property in the city to maintain or permit limbs of trees growing thereon to overhang or grow above the area between his property line and the curbline of any abutting street, unless such limbs and all branches and foliage thereon are kept trimmed and pruned to a minimum clearance of eight feet above the street level at the nearest curbline, or to such clearance as will provide an unobstructed view of traffic signs and controls to oncoming traffic.

(g)

Certain Fence Prohibited.

It shall be unlawful for any person to construct or replace, or cause to be constructed or replaced, any fence having a height greater than three feet above the level of the center of the nearest abutting street on or in that portion of any corner lot in the city which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the curblines at points 26 feet from the street corner intersection of the curblines; provided this section shall not apply to any fence authorized by law.

(h)

Correction of Violation; Notice.

It shall be the duty of the chief of police to cause a written notice to be served upon the owner or occupant of any property upon which any violation of this article exists, to correct such condition as constitutes a violation of this article within ten days after serving such notice; and if such condition is not corrected or remedied, or caused to be corrected or remedied by such person by the end of such ten days, the chief of police is authorized and directed to cause a complaint to be issued against such owner or occupant, stating the offense with which he is charged.

(i)

Authority of City Manager to Trim, Remove, and the Like.

The city manager is authorized to remove or cause to be removed any tree, plant or object found between the opposite curblines, in any street in the city, and to trim branches, limbs or foliage of any tree or plant which overhangs or grows above the area which lies between the opposite curblines of any street, so as to provide a minimum clearance of eight feet above the street level at the curbline and so as to be graduated toward the center level at the center of the street.

(1995 Code of Ordinances, Title VII, Chapter 70, Section 70.36)