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Sight Obstruction (at Intersections) - Ordinance No. 1159

AN ORDINANCE REGULATING INTERSECTIONS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1. Obstructing View Prohibited. Uncontrolled Intersections.

In all areas, on private or public property, at any corner formed by intersecting streets, it is unlawful to install or maintain any sign, fence, hedge, shrubbery, natural growth or other obstruction to view within the vision triangle as determined by a triangle whose sides are ninety feet measured along the centerlines of the approach streets from their point of intersection.

Controlled Intersections. In all areas, on private and public property, at any corner formed by intersecting streets where the right-of-way is assigned to the major street and the minor street is stop-controlled, it is unlawful to install or maintain any sign, fence, hedge, shrubbery, natural growth or other obstruction to view within the vision triangle. This vision triangle shall be a scalene triangle having its longest side on the centerline of the major street and the intersecting point of the two shorter sides centered in the minor street at a point 9 feet behind the curb line as follows:

20 MPH Zone:	30 MPH Zone:	35 MPH Zone:
Right - 160'	Right - 265'	Right - 310'
Left - 130'	Left - 224'	Left - 265'

Section 2. Exceptions to Section 1.

The provisions of Section 1 shall not apply to permanent buildings, public utility poles, hedges trimmed to a height of less than forty-four inches above gutter grade, trees, the trunks of which are at all times kept trimmed of limbs and sucker growth to a height of at least six feet above the gutter grade or plant species, which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; ornamental fence, provided the ratio of the solid portion of the fence to the open shall not exceed one to four; official warning signs or signals.

Section 3. Abatement Notice - Time Limit.

1. When, in the opinion of the Chief of Police, an obstruction to visibility exists, as prohibited in this chapter, it is his duty to give notice in writing addressed to the property owner or owners complained against, specifying in what manner a traffic hazard is alleged to exist. The notice shall direct the removal by the property owner or owners of the structures, trees or other obstructions which constitute the traffic hazard. The notice shall provide that such structures, trees or other obstructions shall be removed within 15 days.
2. The property owner shall be allowed 15 days in which to comply with said notice provided that any person receiving such notice may, within said 15-day period, submit a written request to the City Clerk for a hearing before the City Council to appeal the application of the ordinance and/or request a variance.

Section 4. Abatement by City - Assessment.

1. If, within 15 days after the mailing of the notice by the Chief of Police, the owner of the lot has failed to remove the obstruction or to request a hearing before the City Council as provided above, then the Chief of Police shall cause the sight obstruction to be removed.
2. In the event the owner requests a hearing before the City Council and it is determined a sight obstruction exists and/or that a variance should not be granted, then the owner or owners shall remove the sight obstruction within 15 days from the date of the hearing.
3. The cost of removal of the sight obstruction shall be certified by the Chief of Police to the City Clerk who shall cause the costs to be assessed against the particular lots abutting upon the street from which the obstructions were so removed.

Section 5. Penalty.

The failure of the owner to remove a sight obstruction after a final determination has been made that a sight obstruction exists and after the expiration of the appropriate removal time set out in Section 3 above shall constitute an offense punishable by a penalty of $10 dollars and every day said owner fails to remove it shall be a separate and distinct offense.

PASSED by the City Council this 26th day of June 2001.

DATED: June 26, 2001