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A. Definitions: For the purposes of this section, the following words and phrases shall have the meanings given herein:
ABUTTING PROPERTY OWNER: Any person, firm, partnership or nonmunicipal corporation owning property abutting a public right of way.
ARTERIAL STREET: A street with direct access to abutting property designed to accommodate medium to heavy traffic moving between areas in the city or across the city.
CITY: The city of Pryor Creek, Oklahoma, a municipal corporation.
CODE OFFICIAL: The person or persons designated by the mayor to implement the provisions of this section.
COUNCIL: The governing body of the city of Pryor Creek, Oklahoma.
EXPRESSWAY: A divided highway for through traffic with full or partial control of access.
FREEWAY: An expressway with full control of access.
MAYOR: The mayor of the city of Pryor Creek, Oklahoma, or his or her designated representative.
PARK TREES: Trees in designated public parks or in any area owned by the city to which the public has free access.
PERSON: Every natural person, firm, partnership or nonmunicipal corporation.
PUBLIC LAND: Any real property within the corporate limits of the city in which the city has any ownership interest.
SHRUB: A low, woody plant, usually multistemmed.
SIGHT DISTANCE TRIANGLE: The area within an imaginary triangle formed at a street corner as follows: Extend the curb lines (or the edge of the pavement where no curbs exist) into the street to a point where those lines intersect; from that point of intersection measure along both curb lines (or edges of pavement) to two (2) points, each of which is thirty five feet (35') from the point of intersection; the connecting of these three (3) points shall form the sight distance triangle.
STREET TREES: Trees within the entire width of every public way or right of way when any part thereof is open to the use of the public for the purpose of vehicular and pedestrian traffic.
TREE: A woody perennial plant having a well defined stem or trunk and a definite crown, which attains a mature height of at least eight feet (8').
B. Street Trees/Shrubs:
1. Approved Street Trees: The mayor shall adopt, subject to the approval of the council, and file with the city clerk an official list of approved street trees/shrubs designating small trees, medium trees and large trees. No species other than those included on the official list of approved street trees/shrubs may be planted as street trees/shrubs unless permission to do so is given by the mayor.
2. Spacing And Clearance: Spacing requirements for street trees are as follows:
a. No tree on an arterial street shall be planted closer than seven feet (7') from the face of the street curb or closer than four feet (4') from a sidewalk, except that in the central business district, street trees may be planted two feet (2') from the curb; provided, that where no curb exists, the measurement shall be taken from the edge of the paving;
b. At the intersection of any arterial street with any other street, no abutting property owner shall allow any tree or shrub to exceed a height of thirty inches (30") above street grade within the "sight distance triangle" as defined herein;
c. No tree or shrub planted closer than fifty feet (50') from the end of any arterial street median shall be allowed to exceed a height of thirty inches (30") above street grade; trees on arterial street medians should be spaced no closer than thirty feet (30') from each other;
d. At the intersection of any arterial street with any other street, no abutting property owner shall allow any tree within fifty feet (50') of the intersection, measured from the point of intersecting curbs or curb lines or from the edge of the paving where no curbs exist, to have any branches within five feet (5') of the street grade;
e. Tree plantings on freeways and expressways shall be no closer than thirty feet (30') from the edge of the outside driving lanes and twenty feet (20') from any fencing and spaced no closer than twenty five feet (25') apart; provided, however, that trees may be planted in a cluster and mulched so that mowing between the clustered trees is not required; and
f. No tree or shrub shall be planted within fifteen feet (15') of any fire hydrant so as to obstruct the fire hydrant when viewed from the street.
C. Trees In Public Utility Easements: No trees or shrubs may be planted under or within thirty (30) lateral feet of any overhead utility wire or over or within ten (10) lateral feet of any underground public utility line, meter or utility boxes.
D. Care Of Trees/Shrubs On Public Land:
1. The city shall have the right to prune and remove trees, plants and shrubs within the right of way lines of all streets, alleys, avenues, lanes, squares and public grounds and sidewalks as may be necessary to ensure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than fifteen feet (15') above the roadway of a street or alley, nor lower than ten feet (10') above the sidewalk and shall comply with the sight distance triangle.
2. The city may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to public, emergency, or maintenance vehicles, sewers, electric power lines, gas lines, water lines or other public improvements, or is infected with any injurious fungus, insect or other pest.
3. This section shall not prohibit the planting of street trees by abutting property owners, providing that the selection and location of such trees is in accordance with the provisions hereof.
E. Removal Of Trees Which Obstruct Light Or View:
1. Owner's Responsibility: Notwithstanding anything herein to the contrary, the owner of any tree overhanging any street or right of way within the city shall prune the branches so that the branches shall neither obstruct the light from any street lamp nor the view of any street intersection.
2. City Right To Prune: The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or street sign or public, emergency, or maintenance vehicles.
F. Dead Or Diseased Trees: The code official shall have the right to cause the removal of any dead or diseased trees on private property within the city.
G. Interference With City Personnel: It shall be unlawful for any person to prevent, delay, or interfere with city personnel while they are engaged in planting, cultivating, mulching, pruning, spraying or removing any street trees, park trees, or trees on private grounds as authorized by this section.
H. Review By The Council: The city council shall have the right to review the conduct, acts and decisions of the code official. Any person may appeal from any ruling or order of the code official by filing a written complaint with the city clerk. The city council shall hear the appeal at its earliest available meeting.
I. Penalty: Any person violating any provision of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00) plus court costs. (Ord. 2008-1, 2-19-2008)