[Adopted by the Borough Council of the Borough of East Stroudsburg 10-16-2007 by Ord. No. 1197, approved 10-16-2007; amended in its entirety 2-5-2019 by Ord. No. 1336, approved 2-5-2019. Subsequent amendments noted where applicable.]
The following words, when used in this chapter, shall have the meanings ascribed to them in this section:
- CLEAR SIGHT TRIANGLE
- An area of unobstructed vision at a street intersection(s), defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.
- INTERSECTION SIGHT DISTANCE
- Intersection sight distance (ISD) is the minimum sight distance needed by drivers to safely negotiate intersections, including intersections with or without stop controls or traffic signals. Intersection sight distance is measured through the determination of a clear sight triangle. Intersection sight distance should be measured using an assumed height of driver's eye of 3.5 ft and an assumed object height of 3.5 ft. The required intersection sight distance shall be as set forth in Chapter 140, Attachment 13 of the East Stroudsburg Borough Code of Ordinances, Table 3.
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the municipality as holding title to the property; or otherwise having control of the premises, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Any object at a height above the elevation of the adjacent roadways within a clear sight triangle that would obstruct the required intersection sight distance is prohibited. Such objects may include buildings, parked vehicles, highway structures, roadside hardware, hedges, trees, bushes, unmowed grass, tall crops, walls, fences, and terrain itself and it shall be a violation of this chapter for an owner to permit any obstruction of the intersection sight distance.
It shall be a violation of this chapter for an owner to permit any object which overhangs any sidewalk, street or other public place in such a way as to impede or interfere with vehicular traffic or pedestrian travel. Vegetation shall be trimmed or removed by the owner of the premises abutting or of the premises on which such vegetation grows so that the obstruction shall cease as determined by the Codes Officer and nonvegetative obstructions shall be removed as directed by the Codes Officer.
Upon the discovery of the initial violation on a premises, the authorized agent of the Borough shall give a written notice of warning to the owner of such violation. The owner shall then have 24 hours to abate such violation.
After a period of no less than 24 hours after the issuance of the warning notice, the Borough's authorized agent may inspect the premises for compliance with this chapter. If, after the 24 hours' warning time, the Borough's authorized agent observes the premises to again be in violation, an ordinance violation notice shall be issued to the owner either by personal delivery, by United States mail directed to the last known address based on Borough utility billing records and/or Monroe County Tax Assessment records, or by posting the violation notice upon the premises where such violation occurs. Each twenty-four-hour period shall constitute a separate violation and an ordinance violation notice may be issued every 24 hours. If such owner notified shall, within seven days after the delivery, mailing or posting of such violation notice, pay to the Treasurer of the Borough the sum of $50 for the violation, the same will constitute full satisfaction for the violation noted in said notice. The failure of such person to make payment, as aforesaid, within seven days shall render such owner and/or occupant subject to the penalties as provided for in § 153-5 below.
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or both.