Ordinance 658
ORDINANCE NO. 658
AN ORDINANCE REGULATING THE HEIGHT OF HEDGES,
SHRUBS,AND OTHER OBSTRUCTIONS TO VISIBILITY AT
STREET INTERSECTIONS, WITHIN THE CITY OF GILROY,
PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR THE
REMOVAL OF OBSTRUCTIONS TO VISIBILITY.
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I: HEIGHT OF HEDGES, SHRUBS AND OTHER OBSTRUCTIONS
AT THE CORNERS OF INTERSECTING STREETS. It shall be unlawful for
the owner or occupant of any corner lot or premises in the City of
Gilroy to install, set out, maintain, permit or allow the install-
ation, setting out, maintenance or existence of any hedge, shrubbery
or other obstructions to the view higher than three (3) feet above
the adjacent street curb level between the curb line and the prop-
erty line or within that triangular area of the private lot or
premises between the property lines adjacent to the corner and
a diagonal line joining points on the property lines twenty (20)
feet from the point of their intersection, or in the case of
rounded corners, the area circumscribed by the curve and a chord
to the curve: said chord being a line drawn between the point of
tangency at the beginning of the curve and the point of tangency
at the end of the curve.
SECTION II: EXCEPTIONS. The foregoing provisions shall
not apply to permanent buildings, public utility poles, official
warning signs or signals, or to places where the contour of the
ground is such that there can be no cross visibility at the
intersection.
SECTION III: ENFORCEMENT. The enforcement of this ordiBnce
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shall be under the direction of the city Administratoro The city
Administrator may designate representatives who may investigate
violations of this section, give such notices as may be required
to carry out this section, and perform such other duties in
connection with the enforcement of this ordinance as may be imposed
upon them by the city Administrator.
SECTION IV: REMEDIES. In addition to the remedy by
prosecution for violation of this ordinance, any obstruction
maintained in violation of this ordinance shall be deemed a
nuisance, and upon failure to abate the same within twenty (20)
days after the posting upon the premises of notice to abate the
nuisance, signed by the city Administrator or his authorized
representative, the City Administrator or his authorized represent-
ative may enter upon the premises and remove or eliminate the
obstructiono In such event the cost to the city of Gilroy of the
abatement of the nuisance shall be a personal obligation against
the owner of the premises upon which the nuisance was maintained,
recoverable by the City in an action before any court of competent
jurisdiction.
SECTION V: SCOPE. No obstruction to cross-visibility shall
be deemed to be excepted from the application of this ordinance
because of its being in existence at the time of the adoption here-
of, unless expressly excepted by the terms of this ordinance.
SECTION VI: That any person, firm, association, co-partnership
or corporation, violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment in the County Jail of the County of
Santa Clara, California, for a period of not more than six (6)
months, or by both such fine and imprisonment in the descretion of
the court.
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SECTION VII: If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not
effect the validity of the remaining portions of this ordinance 0
The City Council hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase
hereof, irrespective of the fact that anyone or more sections,
subsection, sentences, clauses or phrases, be declared invalido
SECTION
This ordinance shall be published once in the
Gilroy Evening Dispatch, a newspaper of general circulation
published in the City of Gilroy, and shall be and become effective
thirty (30) days from and after the date of thefinal passage and
adoption thereof.
PASSED AND ADOPTED this
21st
day of August , 1961, by the
following vote:
NOES:
COUNCIIMEMBERS: Duffin, Goodrich, Jordan, Petersen,
Quartiroli, Wentworth, and Sanchez.
COUNCILMEMBERS:None
AYES:
ABSENT:
COUNCILMEMBERS:None
APPROVED BY:
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ATTEST:
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1~:?UAt/mLL-J v) ~t1u-,)
, City Clerk (j
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SUSANNE E. PAYNE
, City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 658
is a true and correct copy of the whole of such Ordinance, duly
adopted by the Council of the City of Gilroy, at a regular meeting
of said Council held on the 21st day of Au~st
,
19 61 ,at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Gilroy, this 22nd
day of
August
, 19 61 .
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