(A) (1) No tree shall be allowed to harbor any safety hazard to the general public, whether that tree be public or private, or to harbor any insect, disease, or other pest that would be injurious or fatal to any tree in the city. Such trees include those injurious to sewer, water, electrical, telephone or gas lines, and those interfering with traffic and traffic control devices and signs, those obstructing light from any street light, and those that are dead or have broken or dead limbs that are unsafe.
(2) Any elm wood or elm tree, living or dead, within the city found to have Dutch elm disease, fungus, Ceratocystic ulmi, or which would harbor the European elm bark beetle, Scolytus multistratus, and or the native elm bark beetle, Hylurgopinus rufipes, shall be declared a nuisance.
(Prior Code, § 14-1-7)
(B) (1) Any hazard as described in divisions (A)(1) and (A)(2) above shall be declared a nuisance by the City Council, and within 15 days of written notice of said nuisance, the same shall be corrected by the responsible owner or person in possession of said tree.
(2) The Park Superintendent and City Council shall inspect, or cause to be inspected, all premises and places within the city at least twice each year to determine whether any public nuisance, as defined in this section, exists thereon; and shall also inspect, or cause to be inspected, any elm tree reported or suspected to be infected with the Dutch elm disease, or any elm bark bearing material reported or suspected to be infested with either species of the above named elm bark beetles. The Finance Officer shall notify owners as to location of the Dutch elm infested trees. The Park Superintendent will make inspection after 15 days to make certain of compliance with this section.
(Prior Code, § 14-1-8)
Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL §§ 9-29-13, 9-32-1, 9-45-1, 34-16-20