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OBSTRUCTIONS TO CROSS-VISIBILTY AT STREET INTERSECTIONS
In order to promote and conserve the public health and safety and pursuant to the police powers of the city and the power to prevent and abate public nuisances as conferred upon the city by the General Statutes of North Carolina, it is declared to be a public nuisance for a person owning and/or having the legal control of any land within the corporate limits of the city to maintain or permit upon any such land any fence, sign, billboard, shrubbery, bush, tree, mailbox, or other object, or any combination thereof, which obstructs the view of motorists using any street or approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety.
(Ord. 94-34, passed 12-5-94)
The restrictions set forth in § 40.50 shall apply to both of the following triangles of land:
(A) That triangle bounded by the curb edges (or edges of pavement where there is no curb), measured along the curb edge (or edge of pavement where there is no curb) 50 feet from the midpoint of the radius of the curb edge (or edge of pavement where there is no curb) in each direction and the diagonal line connecting the further ends of such 50-foot lengths; and
(B) That triangle bounded by the right-of-way lines measured 35 feet from the point of their intersection in each direction and the diagonal line connecting the further ends of such 35- foot lengths.
(Ord. 94-34, passed 12-5-94)
Within the triangles described in § 40.51, and except as provided in § 40.53, it shall be unlawful to install, set out, or maintain, or allow the installation, setting out, or maintenance of, any sign, hedge, shrubbery, tree, natural growth, earthen berm, or object of any kind which obstructs cross-visibility at a level between 30 inches and 72 inches above the level of the center of the adjacent intersection. A violation of this section is punishable as a misdemeanor.
(Ord. 94-34, passed 12-5-94; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
The foregoing provisions of § 40.52 shall not apply to:
(A) Permanent buildings.
(B) Existing natural grades which, by reason of natural topography, rise 30 or more inches above the level of the center of the adjacent intersection.
(C) Trees having limbs and foliage trimmed in such manner that no limbs or foliage extend into the area between 30 inches and 72 inches above the level of the center of the adjacent intersection.
(D) Fire hydrants, public utility poles, street markers, governmental signs, and traffic-control devices.
(Ord. 94-34, passed 12-5-94)
Where compliance with this section in the triangles described in § 40.51 or at the heights described in § 40.53 is insufficient to prevent a dangerous condition, the City Director of Public Works may designate further measures which must be taken by the owner or other responsible person to eliminate such dangerous condition. Such measures shall be designed to provide an adequate sight and stopping distance for persons approaching the intersection at prevailing speeds and may include the removal of obstructions at different heights or in areas outside the triangles established in § 40.51.
(Ord. 94-34, passed 12-5-94)
The administration of this subchapter shall be under the direction of the City Director of Public Works who shall investigate violations, issue such notices and orders as are required herein, and perform such other duties as may be necessary to the enforcement hereof.
(Ord. 94-34, passed 12-5-94)
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