(A) The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs which are growing in or overhanging the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety of public grounds.
(B) (1) The town shall have the right, and may remove or cause or order to be removed, any tree, plant or shrub or part thereof located on either public or private property within the town 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 and which represents a threat to public safety.
(2) The Board will notify in writing owners of any like trees. Removal shall be done by the owners at their own expense within 60 days after the date of the notice. In the event or failure of the owners to comply with the provisions, the town shall have the authority to remove trees and recover reasonable expenses incurred in the removal.
(C) This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with this chapter and the specifications developed by the Board and approved by the Town Council.
(D) It shall be unlawful as a normal practice for any person, firm or town department to top any street tree or other tree on nonpublic property. TOPPING is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree's crown to 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 Board.
(E) (1) Except as provided in division (F) below, every owner of any privately-owned tree overhanging any street or right-of-way within the town shall prune the branches so that the 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 15 feet above the surface of any street or alley and a clearance space of 8 feet above the surface of any sidewalk.
(2) The owner 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 or cause to be pruned, any tree or shrub on the private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.
(F) (1) Any tree overhanging the right-of-way of any state road within the town shall be pruned, cut and maintained by the Indiana Department of Transportation so that no branches shall 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 15 feet above the surface of any state highway or right-of-way.
(2) The state shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public which overhang any state road or right of way, and shall have the right to prune any tree or shrub which overhangs a state road or right-of-way when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign even if the tree or shrub is on private property.
(G) No person shall intentionally attach any wire, nails, advertising posters or other contrivances to any street tree on the tree lawn.
(H) No person shall intentionally carve, cut, damage, transplant or remove any street tree on the tree lawn.
(Ord. 07-2006, passed 4-18-2006) Penalty, see § 94.99