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HomeMy WebLinkAboutChapter 842 - Hedges - Other Objects -Traffic Hazards STREET Chapter 842 HEDGES - OTHER OBJECTS TRAFFIC HAZARDS Article 1 INTERPRETATION 842.1.1 Corner visibility triangle-defined 842.1.2 Driveway line-defined 842.1.3 Driveway visibility triangle-defined 842.1.4 Highway-defined 842.1.5 Highway line-defined 842.1.6 Object-defined 842.1.7 Person-defined 842.1.8 Sidewalk-defined 842.1.9 Zoning By-law-defined Article 2 GENERAL PROVISIONS 842.2.1 Object-within corner visibility triangle-height 842.2.2 Hedge-maximum height-distance from highway 842.2.3 Obstruction-pedestrian-traffic-visibility 842.2.4 Exceptions-set out 842.2.5 Remedy by City-owner's failure to comply 842.2.6 Remedy by City-immediate danger 842.2.7 Remedy by City-owner's expense 842.2.8 Entry to dwelling unit-restriction KITCHENER 842.1 FEBRUARY 2006 842.1.1 HEDGES- OTHER OBJECTS 842.1.5 Article 3 ENFORCEMENT 842.3.1 Fine-for contravention Article 4 SEVERABILITY 842.4.1 Validity Article 1 INTERPRETATION 842.1.1 Corner visibility triangle-defined "comer visibility triangle"means a triangular area formed within a corner lot by the intersecting highway lines or the projections thereof and a straight line connecting them 7.5 metres from their point of intersection.A corner lot is a lot situate at the intersection of,and abutting,two highways,or parts of the same highway,the adjacent sides of which highway or highways(or in the case of a curved corner,the tangents of which)contain an angle of not more than 135 degrees.By-law 97-23,3 February, 1997. 842.1.2 Driveway line-defined "driveway line"means the line forming a boundary between that portion of a lot not normally used by vehicular traffic and the lateral imit of a driveway. By-law 98-141,21 September, 1998. 842.1.3 Driveway visibility triangle-defined "driveway visibility triangle"means a triangular area formed within a lot by the intersection of a driveway line and a highway line or the projections thereof and a straight line connecting them 4.57 metres from their point of in- tersection. By-law 98-141, 21 September, 1998; By-law 2001-240, 10 December,2001. 842.1.4 Highway- defined "highway"means a common and public highway and includes a street or lane. 842.1.5 Highway line-defined "highway line"means the line forming a boundary between a lot and lateral limit of a highway. FEBRUARY 2006 842.2 KITCHENER 842.1.6 HEDGES- OTHER OBJECTS 842.2.3 842.1.6 Object-defined "object"means any thing which may obstruct traffic or obscure traffic visi- bility and,for greater certainty but not so as to restrict the generality of the foregoing,may include any tree,shrub,bush,hedge or lawn ornament,but does not include any fence or sign. 842.1.7 Person-defined "person"means and includes a corporation and a partnership and the heirs, executors, administrators and other legal representatives of a person to whom the context can apply according to law. 842.1.8 Sidewalk-defined "sidewalk"means that portion of a highway between the curb line and the property line of the lot abutting the highway improved for the use ofpedes- trians. 842.1.9 Zoning By-law-defined "Zoning By-law"means any by-law administered by The Corporation of the City of Kitchener passed pursuant to section 34 of the Planning Pict,R.S.O. 1990, c. P.13, or a predecessor or successor thereof, as may be amended from time to time.By-law 98-141,21 September, 1998. Article 2 GENERAL PROVISIONS 842.2.1 Object-within corner visibility triangle-height No person shall erect, construct or situate or permit to be erected, con- structed or situated an object exceeding a height of 1 metre(3.2 feet)above the grade of the abutting highway within any corner visibility triangle.The height above the grade shall be measured from the nearest edge of that por- tion of the highway which is paved for the use of motor vehicles. By-law 97-23,3 February, 1997. 842.2.2 Hedge-maximum height- distance from highway No person shall plant or maintain or permit to be planted or maintained a hedge exceeding a height of 1 metre(3.2 feet)above the grade of the abutting highway within any driveway visibility triangle.The height above the grade shall be measured from the nearest edge of that portion of the highway which is paved for the use ofmotor vehicles.By-law 98-141,21 September,1998. 842.2.3 Obstruction-pedestrian-traffic-visibility No person shall erect, construct or situate or permit to be erected, con- structed or situated an object that: (a) obstructs normal pedestrian or vehicular traffic on a highway including a sidewalk;or KITCHENER 842.3 FEBRUARY 2006 842.2.4 HEDGES- OTHER OBJECTS 842.2.8 (b) obscures clear visibility of normally approaching pedestrian or vehicular traffic on a highway including a sidewalk. 842.2.4 Exceptions- set out Sections 842.2.1,842.2.2 and 842.2.3 do not apply to those areas zoned D-1 and D-2 by the Zoning By-law of The Corporation of the City of Kitchener. By-law 97-23,3 February, 1997. 842.2.5 Remedy by City-owner's failureto comply Where a person who is directed or required to do a matter or thing in accor- dance with the provisions of this Chapter does not do so and in the opinion of the Director of Enforcement the costs associated with such matter or thing are not anticipated to exceed Five Thousand Dollars($5,000),the Director of Enforcement or his/her designate is hereby delegated the authority to cause the matter or thing to be done and for this purpose to enter or cause the City's employees or agents together with persons accompanying them who are under their direction from time to time to enter in and upon land or struc- tures at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 842.2.6 Remedy by City-immediate danger Notwithstanding Section 842.2.5,if the person who is directed or required to do a matter or thing in accordance with the provisions of this Chapter fails to do the matter or thing and in the opinion of the Director of Enforcement such failure to comply with the requirement or direction poses an immediate dan- ger to the health or safety of any person, the Director of Enforcement is hereby delegated the authority to cause the thing or matter to be done to the extent that in the Director of Enforcement's sole opinion is necessary to rem- edy the immediate danger to the health or safety of any person and for this purpose to enter or cause the City's employees or agents together with per- sons accompanying them who are under their direction from time to time to enter in and upon land or structures at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 842.2.7 Remedy by City-owner's expense Where a matter or thing is done in accordance with Section 842.2.5 or 842.2.6,it shall be done at the expense of the person directed or required to do it and the municipality may recover the costs by action or by adding them to the tax roll and collecting them in the same manner as taxes. 842.2.8 Entry to dwelling unit- restriction Notwithstanding Section 842.2.5 or 842.2.6,any entry to a room orplacebe- ing used as a dwelling unit shall be in accordance with the provisions of the Municipal Act, 2001. By-law 2006-13, 16 January,2006. FEBRUARY 2006 842.4 KITCHENER 842.3.1 HEDGES- OTHER OBJECTS 842.4.1 Article 3 ENFORCEMENT 842.3.1 Fine-for contravention Every person who contravenes any provisions of this Chapter is guilty of an offence and is liable,upon conviction,to a fine not exceeding Five Thousand Dollars($5000),exclusive of costs,for each offence,and every such fine is recoverable under the Provincial Offences Act. Article 4 SEVERABILITY 842.4.1 Validity Each and every of the provisions of this Chapter is severable and if any pro- vision of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every of the then re- maining provisions of this Chapter shall remain in full force and effect. By-law 97-23,3 February, 1997. KITCHENER 842.5 FEBRUARY 2006