Exh 7BAGENDA ITEM #7B
APRIL 14, 2003
ORDINANCE NO. 65 - 03- 32
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW
SECTION PROVIDING FOR SIGHT DISTANCE REQ AT
CERTAIN IIVT'ERSECTIONS, PROVIDING FOR SAFETY ZONES ALONG
THE IDGES OF ROADWAYS, AND PROVIDING AN EFFECTIVE DATE.
VP~EREAS, 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 THEREFORE, 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-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;
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AGENDA ITEM #7B
APRIL 14, 2003
3. Allow any berm, wall or other .structure to be erected,
placed, or exist in the City right-of--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.
2003.
PASSED by the City Commission on first reading this day of
PASSED by the City Commission on second and final reading this day of
2003.
ATTEST:
MAUREEN KIlVG, City Clerk JOHNS. Iy~~SERVE, Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney