[Adopted 8-6-1979 by L.L. No. 8-1979; repealed and reenacted in the same form 7-10-2006 by L.L. No. 4-2006]
This article shall be cited and may be referred to hereinafter as the "Visual Road Obstruction Law."
The Board of the Village of Elmsford hereby finds that road obstructions, such as shrubbery, hedges, trees, vegetation, rock walls and fences, create highway hazards by interfering with vision and proper sight distance at corners and intersections. It is the aim of the Village Board to reduce such road hazards caused by the above and similar objects, which are responsible for causing property damage, personal injury and fatalities due to vehicular accidents.
This article shall apply only in the incorporated area within the Village of Elmsford.
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 5% of the total area of the fence) or wall over three feet higher than the apex at the center line of the street shall be located within the triangular area shown shaded in Sketch A, at the intersection of two roads.
B. 
No limbs of foliage on any tree shall obstruct vision or be permitted to grow nearer to the ground than eight feet where such limbs of foliage overhang or are over or upon land within the triangular area as shown in Sketch A.
[Amended 11-6-2000 by L.L. No. 7-2000]
This article shall be administered and enforced by the Building Inspector, with the assistance of the Highway Department and the Police Department, of the Village of Elmsford as set forth below:
A. 
Upon the determination of the Highway Department that a violation exists, pursuant to the provisions § 291-21 hereof, it shall send a written notice specifying the violations and requiring compliance within 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 said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
B. 
In the event that the notice specified in Subsection A of this section is not complied with after a period of 10 days from date of service, then the Police Department shall issue a summons, to be signed by a Judge or court of competent jurisdiction, upon the filing of an information alleging the violation herein.
C. 
In addition to any other penalty provided under the law for noncompliance, the Village Board may, in its legislative discretion, authorize the Superintendent of Highways to remove the visual obstruction.
D. 
The expenses incurred by the Superintendent of Highways, pursuant to Subsection C 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 Superintendent of Highways shall file among his records an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Village Board 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.
E. 
To effectuate the purpose and objectives of this article, the Police Department shall cooperate with and assist the Highway Department as above set forth and otherwise as may seem proper or required in the circumstances.
[Amended 7-10-2006 by L.L. No. 4-2006]
Any violation by a person, firm or corporation of this article shall be deemed an offense punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 60 days, or both.