§ 122-3. Obstruction of view; visibility triangle.

(a)

An owner or occupant of any premises shall not intentionally or knowingly build, construct, place, keep, allow, permit or maintain any object, structure, building, tree, plant, vegetation or fence so as to obstruct or interfere with the view of a driver of a motor vehicle at the point of approaching, merging, emerging or intersecting traffic from any street or driveway with another street or so as to prevent any traveler on any street or driveway from obtaining a clear view of approaching vehicles for a distance of 250 feet along the street between the sidewalk and the curb on any public street or highway in the city at a lesser distance than 25 feet from the corner of any block on such public street or highway, such measurements to be computed at the point of intersection of two lines extended parallel with the curbline of the streets or avenues intersection and causing such corners.

(b)

It shall be an affirmative defense to prosecution of the violation of this section if the obstruction is a building in existence prior to June 28, 1984. However, any such tree or shrub that was planted prior to December 13, 1951, may remain, but it shall have a clearance of at least ten feet between its lowest limb measured downward to the street or sidewalk.

(c)

In any prosecution authorized by this section, it shall be presumed that the premises owner or occupant intentionally or knowingly committed the offense if the director personally serves him with notice of the obstruction or if ten days elapse after the director mails to him notice of the obstruction by regular U.S. mail without the condition being corrected.

(d)

Any offense under this section shall upon conviction be punished as provided in section 1-14.

(Ord. No. 132, § 4, 12-13-51; Code 1967, § 26-7; Ord. No. 3888, § 1, 6-28-84)