1973-026 NO 73-26
AN ORDINANC~ AMENDING CHAPTER 24 OP THE DENTON CODE OF ORDINANCES
ENTITLED "TI~%FFIC" BY ADDING A NEW ARTICLE VIII PROHIBITING VIEW
OR PASSAGE OBSTRUCTIONS AT STREET INTERSECTIONS OR WITHIN PARKWAY
AREAS, ASSIGNING DUTY TO KEEP SIDEWALK, PARKWAY AND ALLEYWAY CLEAN,
PROVIDING, FOR ENFORCEMENT, PROVIDING A PENALTY, PROVIDINC A SEVER-
ABILITY CLAUSE AND AUTHORIZING THE CITY SECRETARY TO PUBLISH A
DESCRIPTIVE CAPTION
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That Chapter Twenty-Four of the Denton Code of Ordinances,
as amended, Ks hereby amended by adding a new Article VIII, V~ew
and Passage Obstructions, Section 24-179 through Section 24-184
so that s~me shall hereafter be and read as follows
ARTICLE VIII - V~ew and Passage Obstructions
Sec 24-179 Definitions
(a) "Intersectlon v~s~b~l~ty triangle" shall mean
a triangle sight area, at all intersections,
which shall include that port~on of public
right-of-way and any corner lot wlthin a tri-
angle formed by a d~agonal line extending
through points on the two property l~nes
twenty-five (25) feet from the street corner
intersection of the property l~nes (or that
point of the intersection of the property
lines extended) and ~ntersectlng the curb
lines,
(b) "Parkway" shall mean any property which the
C~ty of Denton by deed, dedication, g~ft,
prescription or easement owns or holds for
public use and lying between the private
property l~nes of property abuttln~ on any
street and the curb lines or grade l~nes of
the street
Sec 24-180 Prohibited Within Intersection
Visibility Triangle
It shall be unlawful to set out, maintain or
permit to be set out or maintained any tree,
plant, sign or other v~ew obstruction having
a height greater than two (2) feet as measured
from the top of the curb of the abutting streets
w~th~n the intersection v~s~bil~tv triangle, or
if no curb exists, two and one-half (2 1/2) feet
from the top of the edge of the traveled portion
of the roadway within the ~ntersect~on v~sib~lity
triangle Thins restriction shall not apply to
permanent struot~res authorized by the zoning
ordinance or to traffic control s~gns and slg-
hals or utility facilities placed within such an
area by authority of the C~ty Council.
Sec 24-181 Prohibited Within Parkway Areas
It shall be %mlawful to set out, maintain or per-
mit 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 or, if no curb exists, seven
and one-half (7%) feet above the traveled portion
of the roadway, and which are planted no less than
twenty-five (25) feet apartl provided, however,
such trees shall not interfere with the free pass-
age 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 otherwise create a traffic hazard
Sec. 214-182 Duty to Keep Sidewalk, Parkway
and Alleyway Clean
It shall be the duty of the owner, tenant or lessee
to keep the abutting or adjacent sidewalk, parkway
and alleyway clean and free of all weeds, trash,
r~bblsh, filth, and debris and to place such ma-
terial in trash receptacles as required by this
code and falllkre to comply with the requirement of
this paragraph shall be and hereby is declared to
constitute a nuisance subject to abatement.
Sec 24-183. Enforcement
It shall be the duty of the Traffic Director to
cause a written not~ce to be served upon the owner
or occupant of any property upon which any of the
above violations exist or upon any owner or occu-
pant of any property which abuts any parkway area,
sidewalk or alleyway, upon which any of the above
violations exist to correct such violation within
ten (10) days after service of such notice, if
such violation is not corrected within the ten (10)
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 abutt-
ing property owner, as the case may be This shall
be in addition to any other remedy provided ~n this
Article
Sec 24-184 Penalty
Violation of any provision of th~s Ordinance shall
constitute a misdemeanor punishable, upon convic-
tion, by a fine not to exceed Two Hundred ($200 00)
! Dollars
SECTION II
Thatlall ordinances or parts of ordinances in force when the
provislon~ of this ordinance become effective which are inconsistent
or in conflict with the terms or provisions of th~s ordinance are
hereby re~ealed to the extent of any such conflict
SEC?ION zzz
That if any seotzon, subsectzon, paragraph, sentence, clause,
word or phrase of thzs ordznance, or applzcation thereof to any per-
son or ozrcumst~ces, are h~ld znvalzd by any ~ourt of ~omp~tent 3ur-
~dz~tzon, su~ holdzng shall not affect the valzdzty of the r~aznzng
portzons of thz~ ordznu~, and the Czty Co~czl of the Czty of Denton,
Texas, h~:~by de~l~s zt would hav~ enacted such remaznzng portzons
despzte ~y ~u~h znvalzdzty
SECTION IV
That this ordinance shall become effective fourteen (14) days
from the~ ~te of ~ts passage, and the C~ty Secretary ~s hereby d~-
rected to cause the caption of this ordinance to be published in the
Denton Reoord-~ronl=le w~th~n ten (10) days of the date of ~ts pass-
age
PASSED ~D ~PRO~D this ~e 16~ day of October, A D 1973
CITY OF DENTON, TEXAS
~OKS H~LT, CI Y SEC~T~Y
CITY OF DENON, TE~
~PRO~D AS ~ LE~