For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any individual, partnership, corporation, association or entity.
PUBLIC PROPERTY.
(1) Any property which the town owns, leases or has an easement over; and
(2) Any property which the owner or easement holder grants authority to the town for the purposes of enforcing this chapter (DOT right-of-way).
(Prior Code, § 99.01)
Exemptions to the provisions of this chapter include the following:
(A) Trimming of trees and shrubs as normal maintenance provided the trimming does not result in the mutilation, death or destruction of the tree or shrub; and
(B) Any tree or shrub which during a period of emergency or act of God must be removed so that it, in no way, will hinder public work to restore order in the town; the removal to be by the town or its authorized agents.
(Prior Code, § 99.02)
The following actions shall constitute a violation of this chapter and shall be subject to the penalties prescribed herein:
(A) Injuring, removal, relocation, generally. No person shall, without a written permit from the Town Landscape Planner, willfully mutilate, injure, remove or relocate any tree or shrub upon any public property within the town or injure or misuse any structure or device placed to protect any tree or shrub;
(B) Whitewashing, painting. No person shall, without a written permit from the Town Landscape Planner, whitewash, paint or in any way discolor the stem base, bole or root of any tree or shrub upon any public property in the town;
(C) Attaching ropes, signs and the like; obstructing roots. No person shall, without a written permit from the Town Landscape Planner, fasten any rope, wire or electrical attachment or attach any sign or device in any manner to the trees or shrubs upon public property in the town or to guard about the tree or shrub or close or obstruct any open space provided about the base or root of the tree or shrub within three feet in any direction or in any way prevent the access of air, water or fertilizer to roots of the tree or shrub; and
(D) Piling building material or making mortar cement within six feet. No person shall, without a written permit from the Town Landscape Planner, pile any building material or make any mortar cement within six feet of any tree or shrub upon a public property within the town.
(Prior Code, § 99.03) Penalty, see § 97.99
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