[HISTORY: Adopted by the Mayor and Council
of the Town of South Bethany 6-9-1990 by Ord. No. 24-90. Amendments
noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles -- See Ch. 130.
This chapter is authorized by § C-4B
of the Town Charter.
[Amended 4-10-1998 by Ord. No. 72-98]
A.
No person shall obstruct any of the streets, street
rights-of-way, beach access rights-of-way or waterways of the Town
by placing thereon any barrier or impediment to the free flow of pedestrian,
vehicular or boat traffic. Such barriers or impediments shall include
but shall not be limited to boats, building materials, machinery,
trash containers, landscaping timbers and pilings, or vegetation.
Boats properly moored in the town waterways shall not be considered
obstructions.
[Amended 4-8-2004 by Ord. No. 124-04]
(1)
Such vegetation shall include but shall not be limited
to bushes, flowers, vines, trees, ornamental grasses or other plantings
which encroach into any of the streets, street rights-of-way and beach
access rights-of-way or more than 2 feet into any of the waterways.
(2)
Trees will be allowed to grow to their normal height
and breadth, provided that the breadth is kept pruned from the ground
to a height of 14 feet over the streets; 12 feet above the street
right-of-way (shoulder of the road) within 2 feet of the pavement;
8 feet above the street right-of-way (shoulder of the road) further
than 2 feet from the pavement. Trees over beach access rights-of-way
are allowed no lower than 12 feet above the ground.
(3)
Tree branches more than 2 feet, seaward from the bulkhead,
over canals are allowed, but must be no lower than 12 feet above the
height of the bulkhead.
(4)
Mailboxes in the street right-of-way are allowed,
provided they do not encroach over the street pavement.
(5)
Flowers, small shrubs, etc. which are in the mailbox
"shadow" are allowed, provided they do not block stormwater drainage
or the installation of drainage systems. The mailbox "shadow" is defined
as 18 inches to each side of the mailbox and no further than the front
of the mailbox toward the street.
(6)
With the Town Official's approval, plantings and other
beautification materials may be placed in the right-of-way directly
in front of an owner's property if the right-of-way is wider than
8 feet but only in the portion more than 8 feet from the road pavement.
However, planting of trees is not allowed. Approval shall be in writing.
(7)
The Town may place trees, plantings,
benches or other materials in rights-of-way at the ends of streets
and canals for beautification purposes. Property owners directly adjacent
to street and canal end rights-of-way may also beautify the end rights-of-way,
provided written approval from the Town has been issued.
B.
All barriers or impediments in the town rights-of-way,
when determined to be an obstruction or impediment by the town's official,
shall be removed by the violator within 30 days of receipt of the
notification sent by certified mail, return receipt requested.
Persons violating the provisions of this chapter
shall be subject to a penalty of not less than $25, nor more than
$100, plus court costs. Each day of continued violation shall be considered
as a separate offense.
