(A) Obstructions prohibited.
(1) It is unlawful for any person to obstruct in any manner any street, alley, sidewalk or other public way by leaving or permitting to remain thereon or therein any vehicle, object, material, structure, fence or other obstruction of any kind.
(2) (a) It is unlawful to:
1. Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians; or
2. Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto.
(b) When any person causes or commits any of the conditions enumerated in division (A)(2)(a) above, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disburse, or to remove any obstructions. Any person who fails or refuses to obey such orders shall be guilty of a violation of this division (A)(2).
(3) It is unlawful for any person to otherwise place any object, vehicle or structure on or so near to any street right-of-way such that same constitutes a traffic or safety hazard for either pedestrians or vehicular traffic traveling on or onto the street.
(4) It is unlawful and an offense for any person to erect, construct, locate, maintain or allow to remain on his or her property any sign, fence or structure within an area known as the “sight triangle”, which is defined as that area formed by measuring from the point of intersection of two lot lines a distance of 25 feet along each lot line and connecting the points so established to create a triangle with sides abutting street right-of-way. Any sign, fence or structure placed or located in such area is hereby determined to be a public nuisance, and the town is authorized to cause the structure, fence or sign to be removed.
(B) Elimination of obstructions.
(1) Removal. The owner of every lot or parcel of land in the town upon which any trees, shrubs or plants are growing, or upon which any obstruction has been placed, shall remove such trees, shrubs, plants or obstruction, or parts thereof, if they are so situated as to constitute a traffic hazard by obstructing the view of any driver of any vehicle on the streets of the town to the extent that the driver is unable to observe the approach of other vehicles on streets and alleys and at intersections.
(2) Trimming trees and shrubs.
(a) The owner of any premises abutting on any street shall trim all trees and shrubbery growing in the parking, between the sidewalks and the roadway, of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks or any street or alley in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage, sight and travel along the streets, sidewalks and alleys. If premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as hereinbefore required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet above the roadway of a street or alley, nor lower than eight feet above the sidewalk.
(b) Any owner or occupant who fails, refuses or neglects to trim trees and shrubbery as provided in this division (B)(2), after receiving ten days’ notice from the town’s Clerk-Treasurer or his or her designee to do so, is guilty of an offense against the town. In addition to any fine or punishment as an offense, the town may act to abate the nuisance. Every day that the owner or occupant fails, refuses or neglects to trim such trees or shrubbery after the expiration of the ten days’ notice shall be a separate offense.
(Prior Code, § 7-1-1) Penalty, see § 151.99