Sight Obstructions

Each summer the City of Brandon receives complaints about trees, shrubs, fences, and other objects which either block the vision of drivers at intersections or overhangs the sidewalk impeding pedestrians.

Overgrown vegetation or other obstructions impedes the safe flow of traffic when it blocks our view of traffic signs, pedestrians, bicyclists, and other road users. If vegetation or other objects are blocking visibility in the street or at an intersection or obscuring a traffic sign, it is the responsibility of the adjacent property owner or resident to ensure the vegetation is trimmed or remove the object blocking visibility.

Traffic control devices (regulatory signs, warning signs, traffic signals, etc.) must be completely and continuously visible to motorists travelling along a street at all times. The City of Brandon encourages property owners to maintain vegetation and to remove any objects that may obstruct sight lines for motorists or pedestrians at intersections.

Street Corners

All intersections must have clear visibility on all corners for pedestrians and vehicles, even if no traffic signs or signals exist. If the City is notified that there might be a visibility problem at a corner, residents will be notified to keep nearby vegetation trimmed or remove the obstruction. If the trees or shrubs are not trimmed or the obstruction removed in a timely manner, the City of Brandon may trim the vegetation or remove the obstruction at the property owners cost in the interest of public safety.

Should a collision occur at an intersection, as a result of an obstruction that a property owner is responsible for maintaining, the property owner may be held accountable in a court of law.

Streets and Sidewalks

Trees, shrubs, bushes and other objects should not project into the sidewalk or street travel area. Vegetation over sidewalks and streets must be properly maintained to allow pedestrians to walk on sidewalks and walkways and to allow vehicles to travel on the street without interference from vegetation.

Public Property

The land between the street and private property line is part of the public right-of-way. In most cases of sight line obstructions, the tree, shrub, fence, etc. in question is either on private property or was placed on the public right-of-way by the adjacent property owner or resident. In such circumstances, it is the property owner or residents responsibility to maintain the area so it does not cause problems.

Enforcement Authority

The Brandon Police Service By-law Officers enforce sight line obstructions within the City of Brandon should instances arise. This enforcement authority is granted by way of the City of Brandon Traffic By-law No. 5463.

Section 23 of said By-law states;

23. OBSTRUCTION OF SIGHT LINES

No hedge, shrub, fence, or other structure located within 3 meters (9.84 feet) of a street or lane intersection and no mobile sign located within 3 meters (9.84 feet) of any driveway approach shall exceed 0.8 meters (2.63 feet) in height above the average ground height as detailed further for each respective zoning district in “The City of Brandon Zoning By-law”, as amended.

Furthermore, the City of Brandon Traffic By-law No. 5463, Section 23.1 states;

23.1 TREES AND SHRUBS

It shall be an offence for any owner or occupier of any land to allow any part of a tree, shrub, or sapling growing thereon to extend over or upon any street or sidewalk so as to interfere with, impede, or endanger persons using such street or sidewalk. When deemed necessary for the convenient and safe use of a street or sidewalk, the Parks Department Supervisor may, after notice, cause any tree, sapling, or shrub growing or planted on any land adjoining the street or sidewalk right-of-way and encroaching thereon to be trimmed and the cost thereof shall be charged to the owner of the property on which the tree, sapling or shrub is growing and may be collected in the same manner as ordinary municipal taxes.

The City of Brandon will attempt to notify the property owner or resident of the need to correct a problem and allow them a reasonable time to make the necessary corrections should an obstruction become evident.