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Exh 7EAGENDA ITEM #7E MARCH 24, 2003 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Sight Triangles at Intersections and Safety Zones DATE: March 3, 2003 SUBMITTED BY: David E. Thompso~hief of Police/DPS BACKGROUND: During the summer months of 2002, the use of the City right-of--ways was discussed at City Commission meetings. It was recognized that when citizens place items on the City right-of--ways without permission, they sometime create a safety hazard for motorists and pedestrians. Although the beautification of the right-of--ways is encouraged, there is a need to establish guidelines to assure that dangerous or hazardous conditions are not created. The language for a proposed ordinance was discussed at the January 13, 2003 City Commission meeting. After being reviewed and placed in appropriate form by the City Attorney, the attached ordinance is being presented for consideration. The attached ordinance is being proposed as a means to provide limitations on trees, shrubbery, berms, fences, walls, or any other structures that might obstruct the vision of motorists passing through intersections. The proposed ordinance will provide an open field of vision for motorists at intersections, and it provides for a safety zone within two (2) feet of the roadway. Enforcement: Site triangles at intersections are public safety matters that require immediate correction. The Police Department will contact citizens and seek solutions to problems identified under this portion of the code. Safety zones are a separate matter. There are numerous violations of the safety zones throughout the City. People have installed railroad ties, landscaping timbers, rocks, decorative stones, and retaining walls that violate the provisions of the safety zone. Some of these were costly projects, and some may even serve a public purpose relative to erosion and debris in the roadways. The immediate removal of these "violations" is probably not practical or desirable. Unless an infringement creates a specific hazard to public safety, the Police Department would be inclined to "grandfather" it after an appropriate review from the Department of Public Safety. This will allow hazardous violations to be corrected immediately, it will allow existing objects to remain as long as they don't create a specific hazard, and it will prevent future infringements into the safety zones. BUDGET: None AGENDA ITEM #7E MARCH 24, 2003 RECOMMENDATIONS: To approve the proposed ordinance on first reading. ATTACHMENTS: Proposed Ordinance relative sight trifles and safety zones REVIEWED BY CITY MANAGER: AG~'NDA ITEM NUMBER: AGENDA ITEM #7E MARCH 24, 2003 ORDINANCE NO. 65 - 03-.32 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING C'IiAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR SIGHT DISTANCE REQ AT CERTAIN INTERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG THE EDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE. vVHEREAS, throughout the City of Atlantic Beach there are various items placed in the city rights-of-way without permission which may create safety hazards for motorists and pedestrians, and WHEREAS, 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 THERF.I'ORE, BE IT ENACTID BY THE CITY COMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC 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 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 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-0f--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; ...y, AGENDA ITEM #7E MARCH 24, 2003 3. Allow any berm, wall or other .structure to be erected, placed, or exist in the City right-0f--way. (2) Safety Zones: (a) For purposes of this section, "safety zone" is a relatively flat, unobstructed area along the edge of a roadway for the recovery of errant 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 persons shall plant, erect, place or allow any plant, wall, fence, structure or other object in the safety zone of a roadway except for mailboxes and sod or other ground cover. (3) 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 100 % of said costs to cover the City's administrative expenses. " SECTION 2: This ordinance shall take effect immediately upon its final passage and adoption. PASSID by the City Commission on first reading this day of , 2003. PASSID by the City Commission on second and final reading this day of .2003. ATTEST: MAUREEN KING, City Clerk JOHNS. Iv~.SERVE, Maycr/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney