The purpose of this chapter is to maintain clear vision areas
at intersections in order to protect the safety and welfare of the
public in their use of City streets.
(Ord. 1679 § 1, 1990)
As used in this chapter:
means that area, as computed by Section 12.24.040, which allows the public using the City streets an unobstructed view of an intersection.
means the point at which a motor vehicle gains ingress or
egress to a property from a public road or highway.
means a barrier intended to prevent escape or intrusion or
to mark a boundary. A fence may consist of wood, metal, masonry, or
similar materials, or a hedge or other planting arranged to form a
visual or physical barrier.
means and includes a natural person, joint venture, joint
stock company, partnership, association, club, company, corporation,
business, trust, organization, or the manager, lessee, agent, servant,
officer, or employee of any of them.
means the entire width between right-of-way lines of every
way for vehicular and pedestrian traffic and includes the terms "road,"
"highway," "lane," "place," "avenue," "alley," and other similar designations.
(Ord. 1679 § 2, 1990)
A.
No
person shall maintain, or allow to exist on property which they own
or which is in their possession or control, trees, shrubs, hedges,
or other vegetation or projecting overhanging limbs thereof, which
obstruct the view necessary for safe operation of motor vehicles or
otherwise cause danger to the public in the use of City streets. It
shall be the duty of the person who owns, possesses, or controls the
property to remove or trim and keep trimmed any obstructions to the
view.
B.
A clear vision area shall be maintained at all driveways and accessways and on the corners of all property adjacent to an intersection as provided by Section 12.24.040.
C.
A clear
vision area shall contain no planting, fence, wall, structure, or
temporary or permanent obstruction, except for an occasional utility
pole or tree, exceeding three feet in height, measured from the top
of the curb, or where no curb exists, from the street centerline grade.
Trees exceeding this height may be located in this area; provided,
all branches and foliage are removed to the height of eight feet above
the grade. Open wire fencing that does not obscure sight more than
10% is allowed to a maximum height of six feet.
(Ord. 1679 § 3, 1990; Ord. 2004 § 1, 2009)
A.
The
clear vision area for all driveway accessways to streets, street intersections
and all street and railroad intersections shall be that area described
in the most recent edition of the "AASHTO Policy on Geometric Design
of Highways and Streets."
B.
Modification
of this computation may be made by the City Engineer after considering
the standards set forth in the most recent edition of the "AASHTO
Policy on Geometric Design of Highways and Streets" and taking into
consideration the type of intersection, site characteristics, types
of vehicle controls, vehicle speed, and traffic volumes adjacent to
the clear vision area.
(Ord. 1679 § 4, 1990; Ord. 2004 § 1, 2009; Ord. 2218 § 2 (Exh. B), 2022)
The provisions of this chapter relate to safety. They shall
not be modified by variance and are not subject to appeal.
(Ord. 1679 § 5, 1990; Ord. 2004 § 1, 2009)
The provisions of Chapter 1.08 shall be used to enforce this chapter.
(Ord. 1679 § 6, 1990; Ord. 2004 § 1, 2009)
The person owning, in possession of, occupying, or having control of any property within the City shall be liable to any person who is injured or otherwise suffers damage by reason of the failure to remove or trim obstructions and vegetation as required by Section 12.24.030. Furthermore, the person shall be liable to the City for any judgment or expense incurred or paid by the City, by reason of the person's failure to satisfy the obligations imposed by this chapter.
(Ord. 1679 § 7, 1990)
Violation of Section 12.24.030 is punishable, upon conviction, by a fine of not more than $250. When the violation is a continuous one, each day the violation continues to exist shall be deemed a separate violation.
(Ord. 1679 § 8, 1990)
