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HomeMy Public PortalAboutOrdinance No. 778-95 12-12-1995 ORDINANCE NO. ~ ~ $ - 9 5 AN ORDINANCE ADDING A SECTION 41 "INTERSECTION VISIBILITY" TO CHAPTER 10 "TRAFFIC REGULATIONS" TO THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION GOVERNING FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, TAE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE. Be it ordained by the City Council of the City of Richland Hills, Texas: I. That Section 41 "Intersection Visibility" of Chapter 10, "Traffic Regulations" of the Code of Ordinances, City of Richland Hills, Texas, be hereby adopted to hereafter be and read as follows: SECTION 41: INTERSECTION VISIBILITY A. Definitions: For the purpose of this article, the following definitions shall apply: (1). Intersection Visibili~ Trianele shall mean the triangular sight area at all street intersections. • (a). For all intersections, except as required below, the intersection visibility • triangle shall have the dimensions shown in illustration 1. (b). For intersections where one of the streets is classified as a major street or thoroughfare the following dimension shall be used: the driver's eye is assumed to be located 7 feet behind the stop bar at major intersections or crosswalks; or 7 feet behind a stop sign. The distance necessary for proper visibility shall be 10 feet per mile per hour of the speed limit. Aline from the driver's eye to the nearest intersection lane shall be established as the visibility triangle. (Illustration 2) (c). Where a driveway opening onto a major street or thoroughfare is open to the general public, or serves four or more residences, the intersection visibility triangle shall have the dimensions shown in Illustration 3. (d). Alleys entering onto an arterial or collector street shall have a visibility triangle determined by speed limit and reaction time. The driver's eye shall be assumed to be 12 feet back of the curb. The visibility distance shall be calculated at 10 feet multiplied by the street speed limit. This distance shall be measured from the driver's eyes to nearest lane of travel. (2). Safe Stopping Distance shall mean the distance required for an individual to react • and stop a normal vehicle on normal, dry pavement, as set forth in the Traffic and Transportation Handbook, (Copyright: Institute of Transportation Engineers). (3). Parkway Area shall mean that area between the curb line (or edged roadway of any public street) and the abutting property line, excluding the area within intersection visibility triangles. (4). Property Line shall mean the right-of--way line, unless otherwise noted. B. Obstruction Prohibited Within Visibili , Triangle: (1). It shall be unlawful for an owner or occupier of land to set out, maintain, construct, permit, suffer or allow to be set out or maintained any tree, shrub, plant, sign, soil, fence, retaining wall, automobile, truck, or any other view obstruction having a height greater than two (2) feet, as measured from top of curb of the adjacent streets, within any visibility triangle. This restriction shall not apply to permanent structures, lawfully constructed signs and signal devices, street signs, fire hydrants, or utility poles placed within such area on the authority of the City. • ORDINANCE NO. ~ ~ 8 - 9 5 Page 2 (2). The Building Official shall have the power to vary the dimensions of a visibility triangle to provide a safe stopping distance for the speed limits in effect, as a result of grade, curve, or other problem. C. Obstructions Prohibited Within Parkway Areas: It shall be unlawful for any owner or occupier of land to set out, maintain, permit, suffer or allow to be set out or maintained any tree, shrub, plant, soil, fence, retaining wall, or other view obstruction within any parkway area, which exceeds two (2) feet in height above curb level. This prohibition shall not apply to trees within the parkway when the trees are trimmed at all times so that no branch or growth is less than ten (10) feet above the pavement surface of a residential street, fifteen (15) feet above the pavement surface of other major streets, or seven (7) feet above curb level at other points in the parkway. D. Enforcement• (1). The Building Official shall send written notice to the owner or occupant of any property upon which any of the above violations exist, or to any owner or occupant of property which abuts any parkway area upon which any of the above violations exist to correct such violation within ten (10) days after receipt of such notice. If the Building Official is unable to determine the owner or occupier of land, notice will be • sufficient if mailed to the name and address shown on the most recent tax roll. If such violation is not corrected within such period, the Building Official is hereby authorized and directed to cause such tree, plant, or structure constituting such violation to be trimmed, pruned, or removed to eliminate such prohibited condition. The cost of such work shall be assessed against the property owner or abutting property owner, as the case may be. This remedy shall be in addition to any other remedy provided for in this ordinance. (2). No building permit, site plan or driveway curb cut shall be approved hereafter unless all visibility obstructions in any affected or proposed intersection visibility triangles of the site are abated. C. Existing Obstructions: (1). All existing vegetation that is a prohibited obstruction under the terms of this ordinance shall be removed or trimmed to abate such obstruction with the 30 days following the effective date of this ordinance. (2). No existing structure or portion of a structure that is a prohibited obstruction under the terms of this ordinance that may be damaged or in need of repair shall be repaired, replaced or rebuilt unless such work can be done to abate the prohibited ORDINANCE NO. 7 7 8- 9 5 Page 3 obstruction. This ordinance grants no additional rights to nonconforming structures than may already exist in other ordinances of the City. (3). Buildings, structures and fences otherwise lawfully existing on the effective date of this ordinance may remain, except that the Building Official, with the concurrence of the Chief of Police, may declare a condition to be a life safety hazard. Cost estimates to remove the visibility obstruction will be provided to the City Council. If approved by the City Council, the City will pay the cost to remove or relocate the obstruction. II. Penalty Clause. Any person, firm or corporation who shall violate any of the provisions of this section or who shall in any other manner violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars ($500.00) except that the penalty shall be that fixed by state law where a different penalty has been established by state law for such offense and except that for any offense which is a violation of any provision governing fire safety, zoning or public health and sanitation, including the dumping of refuse as that term is defined by section 2.09 of the Texas Litter Abatement Act, Article 4477-9A, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of • two thousand dollars ($2,000.00), and each day or fraction of a day that an offense hereunder is committed or permitted to exist shall constitute a separate offense and shall be punishable as such hereunder. III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. • ORDINANCE NO. 7 7 8- 9 5 Page 4 IV. Saving Clause. That Chapter 10 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas PRESENTED, GIVEN FIRST READING AND APPROVED at the regular meeting of the Richland Hills City Council on the 12 thday of December , 1995, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: C. F. Kelley, Mayor ATTEST: Terri illis, City Secretary APPROVED AS TO FORM AND LEGALITY: 1 Paul F. Wieneskie, rty Attorney • ORDINANCE NO. 7 7 8- 9 5 Page 5 ~ STRATTON 1 l~~.u ' (!ow tr~ff is volumes) a I / l ts' ss 4 5' zs' _ row. ~ / ~ r.aw: i curb • curb ,Is ~ ~ ~ _ z 1; ZS, \ ~ ~ Yarlable dlme~tslott mktlrtwm 8 feet 3 ~ • ' e ILLUSTRATION 2. • ~ ~ ~ i IBILITY TRIANGLE VIS ' (Calcuiated~ iI II II It . ~ ( ' i ~ t OISTANC>c ~~O x speed ItrMt~ I • ~ OrlYsr'a sys m ~ 013TANCE (10 x speed II its 1i I~ ; I~ . ILLU~TRATI4N 3 ` priveways open to public e' Driveway oc a.