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)
Whenever in any provisions of this traffic code, an act or condition
is prohibited, or is made or declared to be unlawful, or an offense,
or a misdemeanor, or whenever in the code the doing of any act is
required, or the failure to do an act is declared to be unlawful,
and no specific penalty is provided therefore, the violation of any
such provision of this code shall be punished by a fine in accordance
with the general penalty provision set forth in Section 1.109 of this
code. However, no penalty shall be greater or less than the penalty
provided for the same or a similar offense under the laws of the state.
Each violation of this traffic code shall constitute a separate offense.
(1995 Code of Ordinances, Title VII, Chapter 70,
Section 70.99)