A. Trimming Required: The owner of any premises abutting on any street shall trim all trees and shrubbery growing in the public right of way and on any part of the premises adjacent to any street or alley, in such a manner that the boughs or limbs thereof shall not obstruct free and convenient passage and travel along any streets, sidewalks or alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as herein required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet (10') above the roadway of a street or alley, nor lower than eight feet (8') above the sidewalk. (1991 Code § 17-1; amd. 2013 Code)
B. Injuring Trees Or Shrubbery In Right Of Way: It shall be unlawful for any person to injure any tree or shrubbery within any public right of way; provided, that this shall not prohibit the lawful and proper care and removal of such trees and shrubbery.
C. Obstructing Sight Triangle: Any owner, lessee or occupant of any property abutting on any street shall not allow any manmade or natural view obstruction within the "sight triangle" created by definition in the city zoning ordinance. (1991 Code § 17-1)
A. Obstructing Public Ways: It shall be unlawful for any person, firm or corporation to obstruct, or otherwise prevent access to, any publicly used street, alley, easement or other city owned property, whether platted or unplatted; provided, that the city may prevent or provide access to such streets, alleys, easements and city owned properties from time to time, in the public interest.
B. Fencing Property; Easement Allowance: The city council may permit certain streets, alleys, easements and city properties which are dedicated, but not required for traffic or other public access or use, to be fenced or otherwise made inaccessible to the public (as in the case of land being farmed or grazed as a part of a larger field or pasture); provided, that the city council or any of its officers or employees shall have the right of ingress, egress and easement for the purpose of installing or maintaining utilities, cleaning, grading, mowing or any other activity which is in the public interest.
C. Inaccessible Property; Restrictions: Persons, companies, corporations or individuals who have fenced in, or are farming or grazing dedicated, but unopened, streets, alleys, easements or city owned properties, as permitted above, shall:
1. Not construct any building, structure, earthworks or ponds, nor in any other way disturb the general grade and slope of the land;
2. Maintain the property so that no nuisance is created;
3. Immediately relinquish any rights presumed to be held concerning the property upon notice by the city; and
4. Permit access to the property at any time when requested to do so by a city officer or employee.
D. Obstructing Dedicated Road Right Of Way: It shall be unlawful for any person, firm or corporation to construct, erect, build, or cause to be constructed, erected or built, any fence, of whatever height or material, within any dedicated road right of way in the city. (1991 Code § 17-2)
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