Clayton Municipal Code Ch. 12.08 Sight Obstructions at Intersections

No structure (including but not limited to fences and gateways), trees, shrubbery or other vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road, or city street with another state highway, public road or city street, shall be constructed, grown, maintained or permitted higher than two and one-half (2½) feet above the curb grade, or three (3) feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines thirty-five (35) feet back from the point of their intersection, or in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on said tangents thirty-five (35) feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner. An illustration of the aforesaid regulations is set forth in Exhibit "A" on the following page.

(Ord. 64, 1969)

This chapter shall not apply to existing public utility poles, official traffic signs or signals, or corners where the contour of the land itself prevents visibility. This chapter shall not apply to all lands within a limited commercial (L-C) zoning district.

(Ord. 64, 1969)

If the city engineer determines that a violation of this chapter exists, he shall give written notice to the owner, tenant, or person having possession, charge or control of the premises on which the violation exists. The notice may be given by registered or certified mail. The notice shall designate the obstruction that is existing in violation of this chapter and shall direct that the obstruction be removed within ten (10) days after receipt of the notice. The notice shall also recite the right of appeal hereinafter provided for in this chapter. It is unlawful for the person to whom the notice is addressed to fail to remove the obstruction within the ten-day period unless within said period he appeals as hereinafter provided for, in which case the removal must be accomplished within ten (10) days after an adverse ruling on the appeal or application or as is ordered by the planning commission.

(Ord. 64, 1969; Ord. 149, 1975)

The owner, tenant, or person having possession, charge or control of the premises may appeal the determination of the city engineer or may seek a variance from the terms of this chapter by making application to the city planning commission in the manner provided for in Sections 17.52.010 through 17.52.060 of this code pertaining to the application for variance permit under the zoning ordinance. The fee to be paid to the city clerk upon filing of such appeal shall be ten dollars ($10.00). Upon such application the planning commission may review the determination of the city engineer, if the application is an appeal therefrom, and in any case if the planning commission determines that a violation of this chapter exists or is proposed or planned, may grant, grant conditionally, or refuse to grant a variance from the terms and provisions of this chapter. Within ten (10) days after the planning commission determines that the obstruction must be removed, the applicant shall remove the obstruction.

(Ord. 64, 1969; Ord. 149, 1975)

It is unlawful for any person to violate any provision or to fail to comply with any of the regulations of this chapter. Any person violating any provision of this chapter or failing to comply with any of its regulations is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefore as provided for in this chapter.

(Ord. 64, 1969)

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(Ord. 64, § 1, 1969)