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HomeMy WebLinkAboutORD 09.13.1965 - Vision for Traffic Safety445 AN ORDINANCE PROHIBITING THE CONSTRUCTION AND MAINTENANCE OF ANY WALL, FENCE OR OTHER STRUCTURE, EXCEPTING UTILITY POLES, OR THE PLANTING, GROWTH OR MAINTENANCE OF ANY HEDGES, TREES, SHRUBS OR OTHER GROWTH UPON THE UNPAVED OR UNTRAVELED STREET RIGHT OF WAY POP TIONS AND CERTAIN PRIVATE PROPERTY PORTIONS OF CERTAIN STREET CORNERS IN THE CITY OF GEORGETOWN, IN THE INTEREST AND FURTHERANCE OF IN- SURING VISION FOR TRAFFIC SAFETY: PROVIDING FOR PENALTY: PROVIDING FOR OTHER ENFORCEMENT: AND PROVIDING FOR SEVERANCE CLAUSE. WHEREAS, the present policy of the City of Georgetown is to allow and encourage the landscaping by private property owners of the unpaved or un- traveled portion of public street right-of-ways within the City of Georgetown ad- jacent to abutting privately owned lots; and WHEREAS, the free and safe movement of City of Georgetown p8blic street traffic is restriced and endangered by obstruction to vision of street in- tersections within the City of Georgetown; and Whereas, the public interest requires that such obstructions be ree stricted so as not to constitute a traffic hazard; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section.l. The areas in the City of Georgetown hereinafter restricted are as follows: (a) All of that portion of land lying within a triangular shaped area on each street corner within the City of Georgetown described by metes and bounds as follows: Beginning at the precise corner of intersection point of the curbs of each of the two streets intersecting forming each corner and ex -- tending 20 ft. along each such curb line from said curb intersection point, the third side being determined by the drawing of a straight line from the ends of each such 20 ft. extensions, all as more fully portrayed by sketch immediately below. (Whether said land be privately owned pr unpaved or untraveled street right-of-way property): Where no curbs are in existence at such street intersections, said 20 ft. lines shall coincide with the central flow line of the ditches paralleling such uncurbed streets. (b) No person shall erect or maintain within any such restricted area any wall, fence or other structure, excepting utility poles to a height greater than 3 feet from the street gutter flow line. (c) No person shall plant, grow or maintain in any such restricted area any plant, hedge, shrub or other growth (save and except trees as hereinafter provided for) at a height greater than 4 ft. from the street gutter flow line. (d) Any trees planted, grown and maintained in any such restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than 8 ft. from the street gutter flow line. (e) By street gutter flow line is meant the street gutter flow line of the curb adjacent to and bordering upon each such restricted area; in the event there be no such curb as aforesaid, the aforesaid height restrictions shall be based upon the actual level of the paved pr used portion of the public street adjacent to and bordering upon each such restricted area. (f) Provided however, that the provisions of this ordinance shall apply only to those areas of the City of Georgetown, Texas, designated and classified by the Zoning Ordinance od the City of Georgetown, from time to time, the purpose of this exception being that the provisions of this Ordinance shall only apply to those zoned section of the City that requires construction on lots in said zoned sections to be set back from the property line of each such lot. (g) The provisions of this Ordinance shall not apply to any business building, family dwelling or apartment house existing in the City of George- town on the date of the enactment of this ordinance, and not in violation of any law of the State of Texas or Ordinance of the City of Georgetown, Texas. (h)-The provisions of this ordinance shall have no bearing or effect upon the right of the City to administer and control the remaining portions of its public street right-of-ways not involved in the triangular corner areas provided for in this Ordinance. Section 2. Any person violating the provisions of this prdinance shall be guilty of a misdemeanor and shall be subject to a fine of not less than Five ($5.00) Dollars and not more than Two Hundred ($200.00) Dollars, and each day that such structure or growth, as herein defined, shall exist in violation of this or- dinance shall constitute a separate offense. Section 3. All of the provisions of this ordinance are severable so that any portion hereof, which might be deemed to be void as a matter of law, shall not affect the validity of any other portion hereof. Section 4. In addition to the penalty provisions, above provided for, resulting from violation of the provisions of this ordinance, the. -City of Georgetown shall be entitled to enter upon and remove from the triangular corner areas provided for herein any of the prohibited structures or growths provided for herein, such entry and removal upon the private property portion of such triangular areas to be without liability to the owners thereof. Dully approved and enacted this the _ _ day of , 1965, at the regu lax meeting of the City Council of the City of Georgetown, Texas. RAWLEIGH S. ELLIOTT MAYOR, CITY OF GEORGETOWN ATTEST: CLAUD EARS CITY SECRETARY