[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose 8-24-1931 by Ord. No. 36. Amendments noted where
applicable.]
[Amended 12-9-1996 by L.L. No. 1-1996]
A.
Legislative intent and purpose. The Board of Trustees
hereby finds and declares that, in order to lessen the danger to pedestrians,
children and motorists at street corners and driveways caused by overgrown
hedges and bushes which obscure the view and presence of such persons,
trimming shall be required as provided herein.
(1)
Every owner, occupant or lessee of real property in
the Village shall keep all hedges and bushes on its premises trimmed
so that no part of any hedge or bush shall at any time extend over
the sidewalk or roadway or in any way interfere with pedestrians on
the sidewalk or roadway.
(2)
No hedge or bush shall exceed the height of four feet
measured from the surface of the abutting sidewalk, and this height
shall be maintained within the triangular space formed by said street
corner having its two sides 25 feet each extending along each street
forming the said street corner.[1]
[1]
Editor’s Note: Former Subsection A(3), regarding the
height of hedges at driveway and sidewalk intersections, which immediately
followed, was repealed 10-17-2016 by L.L. No. 2-2016.
B.
The Board of Trustees may grant a special exception
relaxing one or more of these requirements upon application duly made
in accordance with the procedures for special exceptions by the Board
as provided in this Code subject to such conditions and safeguards
as the Board deems appropriate.
The Village Clerk shall serve a notice in writing,
either personally or by mail, on any owner, occupant or lessee of
real property who fails to comply with the provisions of this chapter.
The notice shall contain a direction that the hedges or bushes be
removed or trimmed to meet the requirements of this chapter within
five days after the service of such notice.
[Amended 12-9-1996 by L.L. No. 3-1996]
Any person or persons who shall fail to comply with such notice shall be liable for a penalty that is set forth in Chapter 1, Article V, of the Code. Any violation of this chapter or any part thereof shall constitute disorderly conduct, and any person violating the same shall be and is hereby declared to be a disorderly person.
