A. Overhanging Public Ways 1 ; Height Restriction: It shall be unlawful for any person to suffer or permit the branches or parts of any tree, shrub or vine hanging or being over any sidewalk to be nearer thereto than ten feet (10') above the same or to suffer or permit vines, shrubbery or plants to grow or be on any such sidewalk or obstruct the free use thereof. (1999 Code § 7.16)
B. Damage To, Protection Of Trees And Shrubs:
1. It shall be unlawful for any person to injure, mar, destroy, cut, break or tear any tree, shrub or plant or part thereof in any street, avenue, alley, public ground or place in the village.
2. Whenever any person has lawful authority to place wires, conduits, poles or other similar things in any such place, they must first have a permit in writing from the board of trustees to disturb, injure, harm, destroy, cut, break or tear any such tree, shrub or plant or any part thereof interfering with or standing or being in the way of such wires, conduits, poles or other similar things in any such place.
3. This subsection does not apply to the village or its authorized agents, servants or employees in the maintenance, repair and regulation of any such street or place. (1999 Code § 7.07)
C. Vegetation In Parkway And Easement:
1. Definitions:
EASEMENT: A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation or another person or entity for a specific purpose. For the purpose of this title, easements shall include the utility easement.
PARKWAY: That area beginning from the back of the curb or the edge of a gravel shoulder and extending to the front edge of the sidewalk.
2. Vegetation: No vegetation shall be planted in any parkway or utility easement that has the capability of exceeding twenty feet (20') in height. Examples would include, but not be limited to, maple, elm, and blue spruce.
3. Overhead Utilities: Subsection C2 of this section applies to any parkway or utility easement that contains overhead electric utilities.
4. Trees: No trees may be planted in any utility easement including easements that contain underground electric utilities.
5. Vines: No vines of any species shall be planted in any parkway or utility easement that contain overhead electric utilities.
6. Penalties: Any person, firm, or corporation violating any provision of this subsection C shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 2013-08, 8-20-2013)
Notes
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