[Ord. No. 140, 11-16-1982]
This article shall be cited and may be referred to as the "Road and Sidewalk Obstruction Ordinance."
[Ord. No. 140, 11-16-1982]
The town finds that road and sidewalk obstructions, such as shrubbery, hedges, trees, vegetation, rock walls and fences, or other obstructions, create hazards and inconvenience by:
(1) 
Interfering with vision and proper sight distance at corners and intersections;
(2) 
Making public travel on roads and sidewalks inconvenient and annoying;
(3) 
Obstructing the free passage of light maintained by the town.
[Ord. No. 140, 11-16-1982]
(a) 
No shrubbery, hedge or other natural growth or fence, except a transparent fence, such as chicken wire, in which the solid area is not more than five (5) percent of the total area of the fence or wall over three (3) feet higher than the apex at the centerline of the street shall be located within the triangular area shown shaded in sketch A, at the intersection of two (2) streets.[1]
[1]
Editor's Note: Sketch A is on file in the office of the Director of Public Works.
(b) 
No limbs or foliage on any tree shall obstruct vision or be permitted to grow nearer to the ground than eight (8) feet where such limbs or foliage overhang or arc over or upon land within the triangular area as shown in sketch A.
[Ord. No. 140, 11-16-1982]
Every owner and occupier of land abutting upon any street or public way shall, whenever requested to do so by the director of public works, in writing, remove any tree, shrub or vine or any limb or branch thereof, standing upon such land and overhanging any street, sidewalk or other public way in such manner as to endanger public travel, or make the same inconvenient or annoying or to obstruct the free passage of light from the public lamps maintained by the town.
[Ord. No. 140, 11-16-1982]
No person shall plant or maintain a hedge or plant having thorns thereon in such a manner as to infringe upon any public street, sidewalk or other public way.
[Ord. No. 140, 11-16-1982]
No person shall set out any tree, shrub or vine within the lines of any sidewalk in the town, without a permit from the director of public works.
[Ord. No. 140, 11-16-1982]
This article shall be administered and enforced by the department of public works with the assistance of the police department as set forth below:
(1) 
Upon the determination of the public works department that a violation exists, pursuant to the provisions of sections 11-44 through 11-47, it shall send a written notice specifying the violations and requiring compliance within ten (10) days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof addressed to the owner of record of such land if he is other than the person served at the address shown on the last preceding assessment roll. If the land is vacant and there is no one available to be served on the property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
(2) 
If the notice specified in subsection (1) of this section is not complied with after a period of ten (10) days from date of service, then the police department shall issue a summons upon the filing of any information alleging the violation herein.
(3) 
In addition to any other penalty provided under the law for noncompliance, the town council may, in its legislative discretion, authorize the director of public works to remove the visual obstruction.
(4) 
The expenses incurred by the director of public works, pursuant to subsection (3) of this section, shall be paid by the owner or occupant of the premises or by the person who caused or maintained such obstruction. The director of public works shall file among his records an affidavit stating with fairness and accuracy the items of expense incurred in removing the obstruction. The town council may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien.
(5) 
To effectuate the purposes and objectives of this article, the police department shall cooperate with and assist the public works department as set forth in this article and otherwise as may seem proper or required in the circumstances.
[Ord. No. 140, 11-16-1982]
Any violation by a person of any of the provisions of this article shall be deemed an offense punishable by a fine not to exceed twenty-five dollars ($25.00).