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(A) The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(B) The Tree Committee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. Replacement of trees removed for any reason shall be in accordance with the Urban Forestry Management Plan. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with §§ 96.22 through 96.26.
(Ord. 2015-09, passed 5-28-15)
It shall be unlawful as a normal practice for any person, firm, or Town department to top any street tree, park tree, or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Tree Committee.
(Ord. 2015-09, passed 5-28-15) Penalty, see § 96.99
Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(Ord. 2015-09, passed 5-28-15) Penalty, see § 96.99
The Town shall have the right to cause the removal of any dead or diseased trees on private property within the T own, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the Town. The Tree Committee will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax notice.
(Ord. 2015-09, passed 5-28-15) Penalty, see § 96.99
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Stumps may be carved into art by an artist on park property if determined it will enhance the area and not take away from the intended use.
(Ord. 2015-09, passed 5-28-15) Penalty, see § 96.99
VIOLATIONS
It shall be unlawful for any person to prevent, delay or interfere with the Town Tree Committee, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.
(Ord. 2015-09, passed 5-28-15) Penalty, see § 96.99
It shall be unlawful for any person or firm to engage in the business or occupation of pruning or treating street or park trees within the Town without first applying for and procuring a license from then Parks Department. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or Town employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the Town or any person injured or damaged resulting from the pursuant of such endeavors as herein described.
(Ord. 2015-09, passed 5-28-15) Penalty, see § 96.99
(A) Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a fine as follows:
(1) First offense: $50.
(2) Second offense: $75.
(3) Third offense: $100.
(B) Each offense following the third offense will result in a fine of $100 per additional offense.
(Ord. 2015-09, passed 5-28-15)