HomeMy WebLinkAboutOrdinance - 5309-1967 - Amending Chapter 18 Lubbock Code Of Ordinance Motor Vehicle And Traffic - 08/24/196700-24--\C\lo+
oq-1 ~-\qui-
oRDINANcE NO. 5309 ---~....._ __ _
AN ORDINANCE AMENDING CHAPTER 18 OF THE LUBBOCK CODE OF
ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFICn BY ADDING A NEW
ARTICLE XII PROHIBITING VIEW OR PASSAGE OBSTRUCTIONS AT STREET
INTERSECTIONS OR WITHIN PARKWAY AREAS; PROVIDING FOR ENFORCEME
PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND AUTHOR! -
ING THE CITY SECRETARY TO PUBLISH A DESCRIPTIVE CAPTION.
WHEREAS, it has been determined by the City Council, after a study of
raffic hazards contributing to traffic 1accidents that view obstructions at street inter
sections and within parkway areas create a hazardous condition endangering the
safety of the public; NOW THEREFORE:
E IT ORDAINED BY THE CITY 00 UNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas is here
y amended by adding Article XII to Chapter 18 which Article reads as follows:
Article Xll. View and Passage Obstructions.
Sec. 18-159. Definitions.
As used in this Article:
(a) Intersection visibility triangle shall mean a triangle sight
area, at all intersections, which shall include that portion of pub
lie right of way and any corner lot within a triangle formed by a
diagonal line extending through points on the two property lines
twenty-five {25) feet from the street corner intersection of the
property lines (or that point of intersection of the property lines
extended} and intersecting the curb lines:
(b) Parkway area shall mean that area between the curb line or
grade line of any public street and the abutting private property
line.
Sec. 18-160. Prohibited within Intersection Visibility Triangle.
It shall be unlawful to set out., maintain or permit or cause to be set
out or maintained any tree, shrub, plant, sign or other view obstruc
tion having a height greater than two (2) feet as measured from the '
top of the curb of the adjacent streets within the intersection visibi-
lity triangle. This restriction shall not apply to permanent struct s
authorized by the zoning ordinance or to traffic control signs and
signals, street signs or utility poles placed within such area by
authority of the City Council.
l<:J:EW
Sec. 18 ... 161. Prohibited within Parkway Areas.
It shall be unlawful to set out, maintain or permit or cause to be set
out or maintained any tree, shrub or plant within any parkway area,
other than within the intersection visibility triangle, which exceeds
two (2) feet in height above curb level. This prohibition shall not
apply to trees within the parkway area which are trimmed at all times
so that no branch is less than seven {7) feet above curb level and which
are planted no less than twenty-five {25) feet apart; provided~ howeve ,
such trees shall not interfere with the free passage of vehicles on the
street or of pedestrians on the sidewalk or obscure the view of motor
vehicle operators of any traffic control device or street sign or other-
wise create a traffic hazard.
Sec. 18-162. Enforcement.
It shall be the duty of the traffic engineer to cause a written notice to
be served upon the owner or occupant of any property upon which any
of the above violations exist or upon any owner or occupant of any pro·
perty which abuts any parkway area upon which any of the above viola-
tions exist to correct such violation within ten (10) days after service
of such notice; if such violation is not corrected with the ten {1 0) day
period, the City Manager is hereby authorized and directed to cause
the tree, plant or structure constituting such violation to be trimmed,
pruned, or removed to eliminate such prohibited condition, with the
cost of such trimming, pruning or removal to be assessed against the
property owner or abutting property owner, as the case may be. This
shall be in addition to any other remedy provided in this Article.
SEC. 18 .. 163. Penalty.
Violation of any provision of this Ordinance shall constitute a misde-
meanor punishable, upon conviction, by a fine not to exceed Two
Hundred ($200. 00) Dollars.
SECTION 2. Should any section, paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any purpose, the
remainder of this Ordinance shall not be effected thereby.
SECTION 3. The City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance, together with the penalty
clause as provided by law.
-2 -
--KJ:EW
AND IT IS SO ORDERED.
Passed by the City Com1cil on first reading this 26-t-n day of --al~~--·~ 1967.
Passed by the City Council on second reading this 14th day of , 1967.
reasurer
-3 -