For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word
SHALL is mandatory and not merely directory.
BOARD. The town’s Tree Advisory Board.
COUNCIL. The Town Council.
PARK TREE. Trees, shrubs, bushes, hedges, and all other woody vegetation on land in public parks, public cemeteries, and all areas owned by the town, or other areas to which the public has free access as a park.
PERSON. Any person, firm, partnership, association, corporation, company, or entity of any nature.
PUBLIC NUISANCE. Any dangerous or unsafe tree or portions thereof on streets, within any public right-of-way, in parks, on other public places or posing a hazard thereto.
STREET TREE. Trees, shrubs, bushes, hedges, and all other woody vegetation on land lying between property lines within all public rights-of-way within the town.
TOWN. The Town of Sinclair, Wyoming.
TREE TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter within the crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Prior Code, § 8-3-1) (Ord. 359, passed 1-7-2010)
(A) Manage and maintain trees. This chapter provides authority over all trees, shrubs, hedges, and other ornamental plants located within the street rights-of-way, parks, and public places of the town. The Public Works Director or any person so designated by the town with this authority, shall manage and maintain trees within the town in the following manner:
(1) Promulgate standards and specifications governing the planting, pruning, and removal of trees on the street rights-of-way, parks, and public areas of the town;
(2) Require that property owners maintain trees, shrubs, hedges, and other ornamental plants on the public right-of-way abutting their property line so they do not pose a hazard or public nuisance to pedestrian or vehicular traffic; and
(3) During or following an emergency created by human or natural phenomenon, the town may take all necessary steps to remove trees or tree parts or residue that might impede traffic movement or endanger persons or property, without being responsible for continued maintenance or care.
(B) Regulate planting, pruning, and removal. The Public Works Director or the town’s designee, shall direct, regulate and control the planting, pruning, and removal of all street and park trees.
(Prior Code, § 8-3-2) (Ord. 359, passed 1-7-2010; Ord. 2024-01, passed 4-4-2024)
There is established a Tree Advisory Board under Title 2, Ch. 1. Under § 2-1-6, the duties of the Board in relation to trees, shrubs, and other plants within public property of the town are defined.
(Prior Code, § 8-3-3) (Ord. 359, passed 1-7-2010)
(A) Excavations near trees.
(1) No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of eight feet from any street or park tree without first obtaining written permission from the Public Works Director or the town’s designee.
(2) All trees on any public property near any excavation or construction of any building, structure, or street work shall be guarded with a good substantial fence, frame, or box of a size to be designated by the Public Works Director or the town’s designee in accordance with the size, age, and species of the tree or trees in question. All building material, soil, and other debris shall be kept outside the barrier, except where otherwise specified by the town in writing.
(B) Deposits or storage of materials. No person shall deposit, place, store, or maintain upon any park, or public place of the town, any stone, brick, sand, concrete, or other materials which may impede the free passage of air, water, and nutrients to the roots of any tree growing therein, except by written permit from the Town Council.
(Prior Code, § 8-3-4) (Ord. 359, passed 1-7-2010; Ord. 2024-01, passed 4-4-2024) Penalty, see § 1-4-1
It is unlawful as a normal practice for any person, firm, or town department to top any street trees, park trees, or other trees on public property. 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 Town Council.
(Prior Code, § 8-3-5) (Ord. 359, passed 1-7-2010) Penalty, see § 1-4-1
(A) Responsibility for maintenance. All trees and shrubs planted, grown, cultivated, or maintained or permitted to grow on town right-of-way between any property line and the traveled street adjacent thereto shall be kept, maintained, and trimmed by the owner or occupant of the adjacent property so as not to obstruct traffic, interfere with the visibility of traffic or pedestrians, or cause any unsafe condition for vehicular or pedestrian traffic.
(B) Limiting visibility. No tree or shrub on private property shall be kept, planted, grown, maintained, or permitted to remain in such a condition as to limit the visibility or in any other manner constitute a danger, hazard, or public nuisance to pedestrian or vehicular traffic.
(C) Trimming above sidewalk or street. The lowest branch of any tree shall not be less than eight feet above the ground where the same extends over a sidewalk. Any trees where limbs or branches extend over the streets, driveways, or any place where traffic passes beneath shall be trimmed to at least 13 feet above the surface of the street or alley.
(D) Removal of stumps. All stumps of street trees hence removed shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the existing ground.
(Prior Code, § 8-3-6) (Ord. 359, passed 1-7-2010) Penalty, see § 1-4-1
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