(A) The purpose of this regulation is to establish what may be placed in street rights-of-way which are cleared by installation or repair of utilities, streets, or walkways. This regulation is not intended to remove or destroy landscaping or structures which are presently in place. Landscaping in street rights-of-way:
(1) Must not present a safety hazard;
(2) Must not impede traffic;
(3) Is placed at the risk of the individual; and
(4) Is encouraged.
('85 Code, § 14-2)
(B) The ten feet of rights-of-way nearest the pavement or road bed shall remain clear of all items with the following exceptions:
(1) Mailboxes, newspaper boxes, post and rope not to exceed 24 inches from grade.
(2) Grass, an approved pervious product or vegetation not to exceed one foot in height.
(3) The properties located at 1189, 1190, 1191 and 1192 Ocean Boulevard West may install or place a fence within the right-of-way.
(‘85 Code, § 14-2.1)
(C) The area of the rights-of-way beyond ten feet of the pavement or road bed:
(1) May be landscaped by the abutting property owner provided § 157.081 of the zoning code is complied with.
(2) Shall be kept clear of all other manmade structures not used in landscaping with the exception of fences.
(‘85 Code, § 14-2.2)
(D) The town has no responsibility to protect any items, authorized or unauthorized, which are placed in street rights-of-way. Improvements are made at the owners risk and may be destroyed or damaged during walkway, street, and utility installation or maintenance. Items deemed to be a safety hazard or to impede traffic will be removed by the town.
(E) All existing concrete within the right-of-way that is removed for any reason cannot be replaced.
(‘85 Code, § 14-2.3) (Ord. 5-89, passed 5-1-89; Am. Ord. 90-17, passed 12-3-90; Am. Ord. 94-29, passed 11-7-94; Am. Ord. 95-03, passed 2-6-95; Am. Ord. 02-08, passed 5-27-02; Am. Ord. 06-13, passed 11-14-06; Am. Ord. 12-04, passed 5-8-12; Am. Ord. 18-08, passed 4-17-18) Penalty, see § 95.99