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A. Dangerous Trees, Obstruction:
1. Any tree growing over a public alley, street or highway, or so located as to extend its branches over a public alley, street or highway, shall be trimmed by the property owner on which the tree stands, or his duly authorized agent, so that there shall be a clear height of fourteen feet (14') above the surface of the street, alley or highway and eight feet (8') above the surface of sidewalks unobstructed by the branches, or so that said tree does not obstruct the light from any street light or the view of any intersection. Additionally, such owner or agent shall remove all dead branches and stubs on any tree or trees which have become likely to fall on or across the public highways, streets or alleys of the Town.
2. For purposes of maintaining visibility for traffic at intersections, existing hedges, shrubs or other plant material within ten feet (10') from the face of the curb on a corner lot shall be trimmed and maintained so as not to stand more than thirty three inches (33") above the level of the sidewalk. On corners where existing embankments, retaining walls or other objects are placed, no plant material shall be planted unless a permit has previously been obtained from the Parks and Recreation Committee.
3. If a tree, or any of its parts, on private property in any way other than stipulated in this Section causes a hinderance to the general public, or in any way endangers the security and usefulness of any public street, highway, alley, sewer or sidewalk is so determined following an inspection, the same is hereby declared to be a public nuisance. The Parks and Recreation Committee or its authorized agent or a law enforcement officer, shall issue the property owner or his agent a written notice in a manner prescribed by law, requiring the owner or agent to correct or remove said nuisance within fifteen (15) days. If the owner or agent does not correct said nuisance within the time specified, the Parks and Recreation Committee or its authorized agent, or a law enforcement officer, shall cause the same to be corrected or removed, and the costs thereof shall be collected in a manner prescribed by law.
B. Injuring: It shall be unlawful to injure any tree or shrub planted or growing on Town property or parkway.
C. Attachments To Trees:
1. Signs, Notices: It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub on Town property or parkway.
2. Wires, Ropes: It shall be unlawful to attach any wire or rope to any tree or shrub in any public street, parkway, or other Town property without the permission of the Parks and Recreation Committee or its duly authorized representative.
D. Maintenance Responsibility: Any person or company which maintains poles and wires in the streets, alleys or other Town property shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees and shrubs in such places as far as may be possible, and keep all such trees and shrubs near wires and poles properly trimmed, subject to the supervision of the Parks and Recreation Committee, or its duly authorized representative, so that no injury shall be done either to the poles or wires or to the shrubs and trees by their contact.
E. Interference: No person shall prevent, delay, or interfere with the Parks and Recreation Committee, or any of its duly authorized agents or assistants in the execution or enforcement of this Chapter; provided, however, nothing herein contained shall be construed as an attempt to prohibit a public hearing or to prohibit any legal or equitable remedy in any court of competent jurisdiction for the protection of property rights by the owner of property within the Town. (Ord. 91-06, 10-1-1991)