Chapter 3
OBSTRUCTIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257
7-3-1: OBSTRUCTIONS FOR BUILDING EXCAVATIONS:
7-3-2: FENCES REQUIRED:
7-3-3: WARNING LIGHTS REQUIRED:
7-3-4: DISPOSAL OF RUBBISH:
7-3-5: TERMINATION OF PERMISSION:
7-3-6: RAILROAD CARS OBSTRUCTING STREETS:
7-3-7: SIGHT DISTANCE TRIANGLE:

7-3-1: OBSTRUCTIONS FOR BUILDING EXCAVATIONS:linklink


Any person who desires to occupy or obstruct any part of any sidewalk or street during the excavation of any building, or for the storage of material for the construction, repair or removal of any buildings, may, after having procured the permits required by the provisions of this code, occupy and obstruct for such purposes not more than one-third (1/3) of the width of such street, including the sidewalk on the conditions hereinafter set forth. (Ord. 621, 12-17-1906)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120407
7-3-2: FENCES REQUIRED:linklink

Such person shall construct and maintain, during the progress of such work, a good and sufficient fence, from sidewalk to sidewalk, enclosing such excavation; provided, that a driveway may be left in such fence during the actual delivery of material into or from such excavation, such driveway to be safely closed, except when in actual use. Such person shall furthermore construct and maintain a sidewalk free from obstructions, from the permanent sidewalk to sidewalk, not less than three feet (3') in width and composed of plank not less than two inches (2") in thickness around such excavation, or such materials or fence. (Ord. 621, 12-17-1906)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120408
7-3-3: WARNING LIGHTS REQUIRED:linklink

Approved warning lights shall be placed about such excavations or deposits of material, from dark to daylight of each day that the same shall remain, as an obstruction in the sidewalk or the street. (Ord. 621, 12-17-1906)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120409
7-3-4: DISPOSAL OF RUBBISH:linklink

The portion of the sidewalk or street so to be used shall be only that portion directly in front of the property to be improved, and no material shall be stored upon the street, except such as is to be immediately used in such improvementor construction; and no rubbish removed from the excavation of a building shall be allowed to be stored upon the street, but the same must be removed from day to day. (Ord. 621, 12-17-1906)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120410
7-3-5: TERMINATION OF PERMISSION:linklink

The permission herein given shall terminate with the construction of the intended improvement and such fence and all other obstructions shall be immediately removed therefrom. (Ord. 621, 12-17-1906)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120411
7-3-6: RAILROAD CARS OBSTRUCTING STREETS:linklink

It shall be unlawful for any person or railroad company, or its agents or employees, to obstruct for a longer time than ten (10) minutes the free passage of any street or highway within the limits of the city by means of any railroad car, cars, engine or engines, or any train; or to permit the same or any of them to remain in or upon any public street or highway across which any railroad is constructed for a longer period than ten (10) minutes.

Provided, however, that no violation of this section will be deemed to have occurred if any railroad car or cars block city streets for more than ten (10) minutes, and said blockage is caused by a bona fide mechanical emergency.

Any person or railroad company, or its agents or employees, convicted of a violation of this section may be sentenced to three (3) months imprisonment, or by a fine not to exceed five hundred dollars ($500.00), or by both such fine and imprisonment. (Ord. 2344, 6-4-1984)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120412
7-3-7: SIGHT DISTANCE TRIANGLE: linklink


A. Notwithstanding any other provisions of this title, buildings, structures, off street parking spaces, fences, walls, or landscaping may not be constructed or allowed to grow on any corner lot so as to impede vision of vehicular traffic using the adjoining right of way within a triangular area determined by the projected curb intersection and points along the two (2) curbs at a distance of fifty feet (50') from the projected curb intersection, between a height of two and one-half feet (21/2') and ten feet (10') above the grade of the projected curb intersection, spanning diagonally from curb to curb across the corner created by two (2) intersecting public or private streets or thoroughfares, or from the centerline of an alley or the apparent traveled path thereof across the corner to the street curb between a height of two and one-half feet (21/2') and eight feet (8') above the grade of the projected curb intersection. This triangular area is known as the "sight distance triangle" and is established in thefollowing manner:

1. At an uncontrolled, unsigned intersection, the sight distance triangle has sides of fifty feet (50') measured along both of the intersecting curbs.

2. In a partially controlled intersection, having one street with a stop sign or yield right of way sign and the other street being uncontrolled, the sides of the sight distance triangle, as measured along the curb from the point of the projected intersection of the two (2) curbs, are fifty feet (50') measured along the curb of the uncontrolled street and fifteen feet (15') measured along the controlled street. If the uncontrolled street has a speed limit of thirty five (35) miles per hour or more, the sides of the sight distance triangle, as measured along the curb from the point of the projected intersection of the two (2) curbs, are one hundred feet (100') measured along the curb of the uncontrolled street, and fifteen feet (15') measured along the curb of the controlled street.

3. At a fully controlled intersection where both streets have traffic control signs, the sight distance triangle has sides of fifteen feet (15') measured along both of the intersecting curbs.

4. At the intersection of any street with an alley, the sides of the sight distance triangle, as measured along the street curb line from the point of the intersection of the street curb and the centerline of the alley are ten feet (10').


B. This section does not apply to:

1. Trees that have a single trunk trimmed to at least eight feet (8') above the curb;

2. Fire hydrants, public utility poles, street signs, and traffic control devices;

3. Existing permanent buildings;

4. Existing grades which, by reason of natural topography, exceed thirty inches (30") above the curb; and

5. Signs mounted eight feet (8') or more above the curb whose supports do not exceed eighteen inches (18") in diameter.


C. If no curbs or gutters exist at an intersection, then the curb line is assumed to be twenty feet (20') from the centerline of the right of way.


D. Regardless of any other provisions of this section, fences, walls, trees, or hedges erected or maintained in any area, which materially impede the vision of vehicles entering an intersection, as determined by the director of community development, are obstructions to the visibility of personsoperating vehicles and are public nuisances.


E. Owners and tenants of any premises within the city have a duty to abate such public nuisances in front of or adjoining their premises within the public right of way or upon their premises by demolishing, removing, or trimming the cause of the public nuisance, following notification to and receipt of approval from the city to do so.


F. No existing obstructions to visibility as prohibited above are exempted from the application of this section except as set forth herein.


G. Failure to remove, trim, or otherwise lawfully abate an obstruction within the time frame specified by the director of community development, following notification of the violation, may result in the removal, trimming, or abatement of the same by the city with the total cost thereof being added to the taxes levied against the real property upon which the obstruction exists, pursuant to the provisions of section 7-10-18 of this title. (Ord. 3098, 4-7-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=14257#s120413