Ordinance No. 65-04-33 v"' ORDINANCE NUMBER: 65-04-33
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER
65-03-32, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES AS SET FORTH WITHIN THE CODE OF ORDINANCES,
SPECIFICALLY SECTION 19-5, INTERSECTIONS: SIGHT DISTANCE
REQUIREMENTS AND SAFETY ZONES, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
SECTION 1. Chapter 19, Streets, Sidewalks and Other Public Places, specifically
Section 19-5, Intersections: Sight Distance Requirements and Safety Zones, of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment
shall read as follows.
Sec. 19-5. Intersections: Sight Distance Requirements and Safety Zones
(a) Sight Distance Requirements. For purposes of this Section, Defined Intersection shall
"° mean any intersection, which has aCity-owned or maintained road, street, or any other
roadway, as one of the roadways comprising the intersection. Excluded from this definition
is any intersection where there is a required stop condition (multi-way stop, traffic signal, or
continual flashing red light) for each roadway traffic lane entering an intersection.
Unobstructed and clear sight distance shall be maintained as depicted within Figures 1 - 3, in
accordance with the designated travel speed of streets, and as further set forth within the
following provisions.
To ensure clear sight distance and adequate visibility at Defined Intersections, the owners or
occupants of private real property shall be prohibited from any of the following, which may
obstruct a driver's view of approaching traffic at such intersections:
(1) Plant or permit the growth of shrubbery or any other vegetation within the City right-
of-way higher than thirty (30) inches above the established grade of the right-of--way;
or
(2) allow tree branches to extend below the height of ten (10) feet above the established
grade of the right-of--way; or
(3) allow any berm, wall or other structure to be erected, placed, or continue to exist
within the City right-of--way.
(b) Safety Zones. For purposes of this Section, Safety Zone shall be defined as an
unobstructed area along the edge of the roadway intended for the recovery of errant vehicles,
and also along the edge of sidewalks or designated pathways intended to provide for a safe
Ordinance Number 65-04-33
area that is free of obstructions, which may create hazards for pedestrians, bicycles or
vehicles.
(1) Within Right-of--ways. A Safety Zone extending two (2) feet from the edge of the
roadway pavement or the edge of a sidewalk or pathway, as applicable, shall be
maintained.
(2) Within private property. On any private property, no landscaping or vegetation other
than lawn grass, and no property border, berm, retaining wall edging, timbers, posts
or other type of obstruction shall be constructed, placed, or permitted to remain
within two (2) feet of the edge of the roadway pavement or edge of sidewalk, or in
any location that creates an obstruction or hazard to pedestrians, bicyclists or
vehicles.
(3) Cause for removal of obstructions within Safety Zones. Upon finding by the Director
of Public Safety that any obstruction or hazard exists within Safety Zones, the
obstruction shall be immediately removed by order of the Police Department. The
City shall have the right to remove any tress, shrubbery, vegetation, berms, walls,
fences, structures or other objects in violation of this section, with or without prior
notice. Removal costs shall be charged to the owner, occupant or representative in an
amount equal to the City's costs incurred, plus a charge of one hundred (100) percent
of said costs to cover the City's administrative expenses.
(4) Waiver to Safety Zone restrictions. Upon written request, accompanied by a Site
Plan, the Director of Public Safety shall have the authority waive the preceding
restrictions, upon finding that no obstruction or hazard to pedestrians, bicyclists or
vehicles will be created.
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of
Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 23rd day of August, 2004. Passed upon final reading and public hearing this 13th
dapi~o~September, 2004.
.VE
Officer
Ap roved as to form and correctness:
LAN NSEN, ESQUIRE
City ey
.,,, A t
JAMES NSON
Acting rty Clerk
Ordinance Number 65-04-33
I
i
4
-~ o
M
W
~®
'~~
a~
7
®I
W
W
r~
V
W
Z
O
N
W
W
2
Z
_~
(/')
0
w
W
Z
Q
V !
W
Z
O
N
~--
C~
W
I-
U_
i-
W
~~~~
I
~~
--r
W~c~ ® _ C~
~, ® ~
i ~ ~ o
4 ~
®~ __ _
~~
W
N
W
(/7
W
Z
O
N
W
W
O
N
z
0
W
w
z
Q
w
z
0
N
0
W
U_
W
rY
I~I~I~I~
~~~~~~~~
"~`"
w
i
~~4 -~
w
-® _ ~
~ ® b
~ ~ m
Q ~
t
I
W
W
Z
O
N
D
W
w
S
N
Z_
I-
(/)
0
w
z
a
w
O
N
F--
C~
D
W
I-
U_
~-
Cn
w