Sec. 16-28. Maintenance of trees within the town maintained street right-of-way and public spaces.
   (a)   Street Trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets within the Town.
   (b)   Park Trees are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the Town, or to which the public has free access as a park.
   (c)   New Street Trees may only be installed within the right-of-way if required by the zoning ordinances and in accordance with the standards of planting found in Appendix A Section 5.7 Landscaping and tree requirements 4) Standard for new plantings.
   (d)   It shall be the responsibility of the Town Manager or their designee to administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.
   (e)   The Town shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the right of way of all Town and/or State maintained streets, avenues, lanes, drainage and/or utility easements, squares, and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
   (f)   The Town 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 sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest.
   (g)   Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any streetlamp or obstruct the view of any street intersection so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.
   (h)   Every owner of any trees, shrubs, bushes, and all other woody vegetation overhanging any sidewalk or designated pedestrian area shall prune the vegetation so that the pedestrian area is clear of all vegetation.
   (i)   The Town 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, interferes with visibility of any traffic control sign, device, or sight distance, or creates an obstacle on designated pedestrian areas as defined in § 16-28(g) and (h).
(Ord. 2024-03, § I, 3-5-2024)