(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 the public grounds.
(B) The Town Tree Committee may remove or cause or order to be removed, any publicly-owned 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. No tree on any public property will be removed, destroyed, pruned or treated with chemicals, including the root system without the prior approval of the Town Tree Committee. In the event a tree poses an immediate danger to public safety or welfare or is likely to cause immediate disruption of public services, and as such requires pruning or removal without delay, authorization may be given by the Town Manager.
(C) It shall be the responsibility of the Town Street Department to provide for the planting, pruning, maintenance and removal of all street trees (except as noted below) and for all cemetery plantings coming under the jurisdiction of this chapter according to the regulations and recommendations of this chapter and the recommendations of the Tree Committee. It shall be the responsibility of the Department of Parks and Recreation to plant, prune, maintain and remove as directed all Park Trees and for those Street Trees located on Broad Street from Church Street south to the waterfront according to the regulations and recommendations of this ordinance and the Tree Committee.
(1) The individual shall furnish all plant materials and provide all services to plant them;
(2) The town shall not be responsible for any damage whatsoever to the plants caused or brought about by any person, firm or natural cause; and
(3) The town shall retain the right to remove, relocate or prune the plants in the future for the needs as street construction, utility maintenance or safety.
(E) Trees, vines, shrubbery or flowers standing in or upon any lot or land adjacent to any public street or place shall be kept trimmed by the owner or occupant of the property on which the plants are growing so as not to interfere with the free and safe passage along the public way by pedestrian and vehicular traffic.
(F) If the owner or occupant of the property does not keep this growth from interfering with public passage, the town shall have the authority to order its removal by notice sent by registered mail, return receipt requested, or hand delivered. If, after 15 days, the owner has not responded or acted to remove the projecting growth, the town agents shall have the authority to enter upon the owner’s property to perform the work. The cost of the actions may be charged against the property owner.
(G) Recommended planting, pruning and routine annual maintenance practices for street trees are outlined in a manual available at the town offices, and at the Offices of the Street Department and Parks and Recreation Department.
(Ord. passed 8-9-1988) Penalty, see § 97.99