Obstructions.

(1) 

Definitions.

(a) 

"Alley" means every street, thirty (30) feet or less in width, intended to provide access to the rear of property fronting upon another street and not for the use of through vehicular traffic.

(b) 

"Driveway" means a private street giving access for motor vehicles from the public street to an abutting property.

(c) 

"Obstruction" means fences, walls, signs, hedges, trees, rocks or other natural or constructed materials or substances, supported or unsupported earth, but shall not include buildings, or trees when the lowest branches of such trees are not less than seven (7) feet.

(d) 

"Street" means all public ways and includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel, but not including alleys.

(2) 

Purpose. Obstructions on private property, which substantially impair or interfere with the visibility of pedestrian or vehicular movement on and along public streets and alleys, create an unreasonable risk of death, personal injury and/or property damage and otherwise interfere with the unobstructed and safe use of the public right of way, so that it is necessary to enact these regulations for the protection of the public health, safety and general welfare.

(3) 

Regulation. No person, firm or corporation shall erect, install, construct or maintain any obstruction on private property, contrary to the provisions of this section.

(4) 

Obstructions Prohibited.

(a) 

Streets and alleys. Obstructions adjacent to two (2) intersecting streets, a street intersecting an alley or an alley intersecting an alley. No obstruction shall be permitted higher than three (3) feet above the curb or alley grade within the triangular area formed by:

1. 

The point at the intersection of the street or alley right-of-way lines; and,

2. 

The points on the street or alley right-of-way lines twenty (20) feet from the intersection point.

(b) 

Driveways. Obstructions adjacent to driveways serving multiple family, commercial, manufacturing and industrial uses and intersecting any street or alley. No obstructions shall be permitted higher than three (3) feet above the curb or alley grade within the triangular area formed by:

1. 

The point at the intersection of the driveway with the street or alley right-of-way line; and,

2. 

A point on the edge of the driveway and ten (10) feet, measured perpendicular, into the lot from the intersection point; and,

3. 

A point on the street or alley right-of-way lines ten (10) feet from the intersection point.

(5) 

Exceptions. The Common Council, Plan Commission, Board of Public Works, or the Board of Appeals may approve obstructions not permitted by this section.

[Ord. O-2003-0052, 8/5/2003]