(A) (1) The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs which are growing in or overhanging the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety of the public grounds.
(2) The town shall have the right, and may remove or cause or order to be removed, any tree, plant or shrub or part thereof located on either public or private property within the town, 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 and which represents a threat to public safety. Winamac Tree Committee will notify, in writing, the owners of any trees. Removal shall be done by the owners at their own expense within 60 days after the date of the notice. In the event or failure the owners to comply with the provisions, the town shall have the authority to remove the trees at the expense of the owners and may bring an action to enforce the removal of the tree in any court in the county. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with this chapter.
(3) It shall be unlawful as a normal practice for any person, firm or town department to top any street tree or other tree on public property. Topping is the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to a degree so as to remove the normal canopy and disfigure the tree. 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 chapter at the determination of Winamac Tree Committee.
(4) Except as provided herein, every owner of any privately-owned tree overhanging any street or right-of-way within the town shall prune the branches so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 15 feet above the surface of any street or alley and a clearance space of eight feet above the surface of any sidewalk. The owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The town shall have the right to prune or cause to be pruned, any tree or shrub on the private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.
(5) (a) Any tree overhanging the right-of-way of any state road within the town shall be pruned, cut and maintained by the State Department of Transportation so that no branches shall obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 15 feet above the surface of any state highway or right-of-way.
(b) The state shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public which overhang any state road or right-of- way, and shall have the right to prune any tree or shrub which overhangs a state road or right-of-way when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic-control device or sign even if the tree or shrub is on private property.
(6) No person shall intentionally carve, cut, damage, transplant or remove any street tree on the tree lawn.
(7) No person shall intentionally attach any wire, nails, advertising posters or other contrivances to any street tree on the tree lawn.
(B) (1) It shall be unlawful for any person to prevent, delay or interfere with Winamac Tree Committee, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees or trees on private grounds, as authorized in this chapter.
(2) It shall be unlawful for any person or firm to engage professionally in the business or occupation of pruning, treating or removing street trees within the town without first applying for and procuring a license.
(3) The Clerk-Treasurer shall issue license to applicants who shall file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the town or any person injured or damaged resulting from the pruning, treating or removing of street trees and who pays a license fee of $25.
(4) No license shall be required of any town employee doing work in accordance with instructions of his or her supervisor, the Town Manager or the Town Council.
(5) No license shall be required of any public service company doing the work in the pursuit of their public service endeavors if they present a plan for pruning or trimming or show evidence of National Arbor or approved Arborist training.
(6) The Town Council shall review the conduct, acts and decisions of Winamac Tree Committee, and any person may appeal from any ruling or order of Winamac Tree Committee to the Town Council, who may hear the matter and make final decision.
(Ord. 15, 1999, passed 12-13-1999; Am. Ord. 3 of 2015, passed 6-5-2015; Am. Ord. 4 of 2016, passed 4-11-2016) Penalty, see §
10.99