STREET/SIDEWAL OBSTRUCTIONS
The City of Fruita Municipal code contains several regulations with regard to obstructing streets and/or sidewalks, whether it is for passage or sight. In general it is a violation to place items (such as hoops, ramps, trash cans, fences or walls, etc.) or allow vegetation (such as trees or shrubs) to grow in a public right-of-way in such a way as to obstruct either the passage or sight line of others. Some of the pertinent sections follow:
8.06.100 PRUNING AND CLEARANCE. Every owner of any tree on their property
which overhangs any street, right-of-way, alley, corner, or any other public
area or way within the City shall prune the branches so that such branches shall
not obstruct the light of a street light, street signs or obstruct the view
of any intersection, so that there shall be a clear space of nine feet (9')
above the sidewalk or driveway and thirteen feet (13') above the street. Said
owners shall remove all dead, diseased, or dangerous branches, or broken or
decayed limbs on their trees which constitute a menace to the safety of the
public, and shall bear the full financial burden of removal. (Ord. 1993-19)
8.08.080(D.3) When containers are required to be placed at the front
of the premises, one part of such containers and receptacles shall be located
within twelve inches (12") of the yard edge of the front sidewalk or curb,
but in no case shall such containers block the use of the sidewalk or the use
of the street for parking cars.
9.11.030(R.) Obstructing or tending to obstruct or interfere with or
render dangerous for passage any street or sidewalk, lake, stream, drainage,
canal or basin, or any public park without first obtaining the written permission
of the City, specifically including the placement of portable toilets, construction
dumpsters, construction materials, construction debris, topsoil, and/or landscaping
material on City streets or sidewalks; or
12.12.020 CLEAR PASSAGEWAY ON SIDEWALK REQUIRED WHEN. No person or persons,
except when necessarily engaged in loading or unloading goods, wares, and merchandise,
shall be allowed to pile up, deposit or keep upon any sidewalk any boxes, bales,
barrels, goods, wares or other articles, and when so engaged such person shall
at all times leave a passageway of at least two feet wide clear upon such sidewalk
for the use of foot passengers. Any person who violates any of the provisions
of this Section commits a noncriminal municipal offense. (Ord. 44, Art. 2 S8,
1907; Ord. 2000-9, S94)
12.12.040 TREES AND PLANTS - TRIMMING REQUIREMENTS. All trees and plants
standing on any private property in the city shall be kept by the owner or occupant
of the property so that the branches of such trees and plants projecting over
any public sidewalk or private driveway shall be not less than nine (9) feet
above the sidewalk or driveway. In estimating said height, police department
personnel shall take into consideration the variation of height due to normal
rain, snow, sleet, and foliage conditions. Any person who violates any of the
provisions of this Section commits a noncriminal municipal offense.(Ord. 1984-29;
Ord. 2000-9, S96)
17.07.060(F.1) No fence, wall or other structure shall be erected and no hedge, shrub, tree or other growth shall be maintained in such location upon any lot or property in a manner constituting a traffic hazard because of obstruction of view. "The City of Fruita Tree Ordinance" and "Mesa County Standard Specification for Road and Bridge Construction" shall be used as the criteria for determining view obstruction.
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