41-6a-216.  Removal of plants or other obstructions impairing view — Notice to owner — Penalty.

(1)  The owner of real property shall remove from his property any tree, plant, shrub, or other obstruction, or part of it that constitutes a traffic hazard by obstructing the view of an operator of a vehicle on a highway.

Terms Used In Utah Code 41-6a-216

  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
  • Operator: means :
(a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
    • (2)  When a highway authority determines on the basis of an engineering and traffic investigation that a traffic hazard exists, it shall notify the owner and order that the hazard be removed within 10 days.

    (3)  The failure of the owner to remove the traffic hazard within 10 days is an infraction.

    Amended by Chapter 412, 2015 General Session

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