§ 18-104 Trees and vegetation; jurisdiction.

The planting, care and cultivation of all trees and other forms of vegetation in streets shall be under the exclusive jurisdiction of the commissioner, except as otherwise provided in section 18-105 of this title. The commissioner is authorized to use such portions of the parks, for the cultivation of tree plants, as he or she may set apart for that purpose, without detriment to the parks in which such nurseries are established, to enable him or her at all times to have tree plants adapted for growth under the varying conditions of soil and surroundings in streets.

§ 18-105 Trees under private or public ownership; care and cultivation.

All trees in streets, which on investigation are found to be without ownership, shall be under the exclusive care and cultivation of the commissioner, and such commissioner shall employ the most improved methods for the protection and cultivation of the trees selected for preservation, and remove those condemned as unfit for cultivation. Trees found to be in the care of individual owners, corporations, societies, or associations, shall not be subject to the jurisdiction of the commissioner, unless the owners thereof make written application to the commissioner to have such trees transferred to his or her care. If the commissioner approves such transfer, he or she shall forthwith assume full control thereof and the former owner shall be relieved of all expense connected with the cultivation of such trees. In all cases where land-owners, societies or associations elect to plant and cultivate their own trees in streets, such planting and cultivation must conform to the rules and regulations adopted by the commissioner. The commissioner may, however, on the written application of any land-owner, plant and cultivate trees on the streets adjoining his or her land and charge for such service an amount not to exceed the actual cost to the department for labor and materials.

§ 18-105.1 Trees, bushes and other vegetation obstructing a traffic signal or device.

   a.   Definitions. For purposes of this section, the following terms shall have the following meanings:

      1.   "Traffic control signal" shall mean any such signal as defined in section 154 of the vehicle and traffic law.

      2.   "Select traffic control device" shall mean any stop sign, yield sign or do not enter sign.

      3.   "Traffic control device" shall mean any traffic control device as defined in section 153 of the vehicle and traffic law, other than a select traffic control device.

   b.   The department shall inspect any location within four days of receiving notice that any traffic control signal, select traffic control device or traffic control device at such location is not visible or legible to a motorist who must obey or rely upon such sign due to an obstruction by a tree, bush or other vegetation or any portion thereof.

   c.   The department shall within ten days of the inspection required pursuant to subdivision b of this section prune or cause to be pruned any tree, bush or other vegetation found to require pruning because it obstructs any select traffic control device or traffic control signal; provided that the department shall prioritize such pruning the department determines is most immediately needed to correct a hazard.

   d.   The department shall within twenty days of the inspection required pursuant to subdivision b of this section prune or cause to be pruned any tree, bush or other vegetation found to require pruning because it obstructs any traffic control device.

   e.   The department shall maintain a log of all notices of the type described in subdivision b of this section. Such log shall include the date and time such notice was received, the date and time on which such location was inspected, and the date and time when such tree, bush or other vegetation was pruned or the date and time of a determination that such tree, bush or other vegetation did not require pruning, as applicable.

§ 18-106 Tree planting; permission of commissioner of transportation.

In performing the duties required by sections 18-104 and 18-105 of this title, the commissioner shall not make openings or excavations in any street for the purpose of planting or cultivating trees, without having first obtained the written approval of the commissioner of transportation nor shall any tree be so planted as to permanently interfere with the ordinary usage of the street, nor shall the planting be performed in any case so as to injure or impair any sewer, drain, water pipe, or other structure erected by legal authority.