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
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