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Ordinance No. 65-03-32 vORDINANCE NO. 65 - 03- 32 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWA7~S AND OTHIIt PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQUIRIIVIE>\1'TS AT CERTAIN INTERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG THE IDLES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE. VVHF.REAS, throughout the City of Atlantic Beach there are various items paced in the city rights~f--way without permission which may create safety hazards for. motorists and pedestrians, and WH~2EAS, it is necessary for the health, safety and welfare of the citizens of the City of Atlantic Beach, and all others who might travel on the City streets and roadways, that limitations be placed on trees, shrubbery, berms, fences, walls, or other structures which might obstruct the vision of motorists passing through certain intersections or create safety hazards along the City's streets and roadways. NOW T~REIEORE, BE IT ENACTID BY THE CITY COMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANI~C BEACH, FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 19-5, which section shall read as follows: "Sec. 19-5. Intersections: Sight distance requirements and safety zones. (1) Sight distance requirements: (a) For purposes of this section, "defined intersection" is any intersection that has a City owned or maintained road, street, or any other type of roadway as one of the roadways comprising the intersection. Excluded £rom this definition is any int..rsection where there is a required stop condition (multi-way stop, traffic signal, or continual flashing red light) for each roadway traffic lane entering the intersection. (b) To ensure adequate visibility at "defined intersections," the owners or occupants of private real property shall not do any of the following which could obstruct a driver's view of approaching traffic at such intersections: 1. Plant or permit the growth of shrubbery or any other vegetation in the City right-of-way higher than thirty (30) inches above the established grade of the right- of-way; 2. Allow tree branches to extend below the height of ten (10) feet above the established grade of the right-of=way; 3. Allow any berm, wall or other .structure to be erected, placed, or exist in the City right~f--way. (2) Safety Zones: (a) For piuposes of this section, "safety is a relatively flat, unobstructed area along the edge of a i+oadway for the raca~vesy of eaant vehicles, and shall consist of the area for at least two (2) feet from the edge of the pavement into the City right- of-way. (b) No P~ shall P~ ~~ ]?~ or allow any plant, waIl, fence, structure or other object in the safety zone of a madway except for mailboxes and sod or other ground cover. (3) The City shaIl have the right to remove any tress, shrubbery, .vegetation, berms, walls, fences, structures or other objects in violatraon of this section, with or without prior notice. Removal costs shaIl be charged bo the owner, occupant or repmesentative in an amount equal to the City's costs incut~d, plus a charge of 1009b of said costs m cover the City's administrative . " SECTION 2: This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this r~~day of /~ ~ , 2003. PASSID by the City ,2~ , 2003. ATTEST: 1~~2cc!~.e¢. Commission on second and final reading this ~ day of MAZTREF.N I~TG,/City C~*k App ved as to form anLd~co jrrectness: C. ~ ,ESQUIRE City A