Director.
The director of public works or his designated representative.
Intersection visibility triangle.
A triangle sight area at an intersection of two streets,
with the following particulars:
(1)
At an uncontrolled intersection, the intersection visibility
triangles shall have the dimensions as illustrated in figure 1 of
this article.
(2)
At a controlled intersection in which vehicles traveling on
one (1) or more streets, but not all streets, are required to stop
or yield by official traffic control signs, the intersection visibility
triangles shall have the dimensions as illustrated in figure 2 of
this article (with the vertical street representing the uncontrolled
street).
(3)
At a controlled intersection where traffic on all intersecting
streets is controlled by official stop signs or traffic signals, the
intersection visibility triangles shall have the dimensions as illustrated
in figure 3 of this article.
(4)
Where a driveway opening onto an arterial or collector street
is open to the general public or serves four (4) or more residences,
the intersection visibility triangles shall have the dimensions as
illustrated in figure 4.
Parkway area.
That area, exclusive of an intersection visibility triangle,
which is between the curb line, and the abutting property line.
Sight obstruction.
A tree, shrub, plant, sign, pole, soil, fence, retainer wall
or other improvement or thing which has a height greater than two
feet (2') as measured from the top of the curb and which obstructs
the visibility of traffic at an intersection or along a street.
Uncontrolled intersection.
An intersection of two (2) or more streets at which there
are no official traffic-control devices designating approaching traffic
to stop or yield.
(Ordinance 11-665 adopted 10/24/11)
(a) A person commits an offense if he places or maintains, or permits
or causes to be maintained a sight obstruction within an intersection
visibility triangle.
(b) A property owner shall be deemed to be maintaining a sight obstruction
within an intersection visibility triangle, if the sight obstruction
is in an intersection visibility triangle abutting his property and/or
passing through his property.
(c) The director, at his discretion, is hereby authorized to:
(1) Decrease the dimensions of an intersection visibility triangle if
smaller dimensions will provide an adequate intersection sight distance;
(2) Increase the dimensions of an intersection visibility triangle when
necessary to provide an adequate intersection sight distance; and
(3) Dispense with the requirements of this section if adequate intersection
sight distance is otherwise available.
(Ordinance 11-665 adopted 10/24/11)
(a) A person commits an offense if he places or maintains, or causes
or permits to be placed or maintained, a sight obstruction within
a parkway area.
(b) It is an exception to the application of this section that the sight obstruction was a tree trimmed in accordance with section
12.08.004.
(c) A property owner shall be deemed to be maintaining a sight obstruction
in a parkway area, if the sight obstruction is in a parkway area abutting
his property.
(Ordinance 11-665 adopted 10/24/11)
(a) All trees with a trunk diameter of greater than two inches (2"),
when measured at twelve inches (12") above the ground, shall be trimmed
so that:
(1) No branch or growth which overhangs a street is less than fourteen
feet (14') above the surface of such street;
(2) No branch or growth which overhangs a sidewalk is less than seven
feet (7') above the surface of such sidewalk; and
(3) No branch or growth which overhangs the parkway area is less than
seven feet (7') above the surface of the parkway area.
(b) All trees with a trunk diameter of two inches (2") or less and planted
in a parkway or overhanging a street, parkway or sidewalk, shall be
trimmed so that the lower seventy percent (70%) of the trees’
height is clear of limbs.
(c) Figure 5 illustrates the trimming requirements of this section.
(d) A person commits an offense if he maintains a tree in violation of
this section.
(Ordinance 11-665 adopted 10/24/11)
(a) Abatement.
The director is authorized to abate a violation of this article in accordance with article
8.02 of this code.
(b) Exceptions.
(1) It is an exception to the application of this article that the sight
obstruction is a permanent building that was lawfully located when
it was constructed.
(2) It is an exception to the application of this article that the sight
obstruction is a traffic-control sign, traffic controller cabinet,
traffic-control hardware and equipment, traffic-control fixture, street
sign, streetlight, traffic-control signal, fire hydrant, or utility
pole or any other utility related equipment, which was placed by authority
granted by the town council.
Figure 5. Tree Overhang of Sidewalks and Streets
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(Ordinance 11-665 adopted 10/24/11)