This chapter shall be known and may be cited
as the "Municipal Tree Regulations of the City of Saco."
For the purposes of this chapter, the following
definitions shall apply, unless the context clearly indicates another
meaning:
MUNICIPAL TREE WARDEN
The designated official of the City of Saco assigned to carry
out the enforcement of this chapter.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PROPERTY LINE
The outer edge of a street or highway right-of-way.
PROPERTY OWNER
The person owning such property as shown by the Tax Maps
of the City of Saco, unless proof to the contrary is available.
PUBLIC TREES
All shade and ornamental trees now or hereafter growing on
any street or any public areas or trees standing on the public and
private property line, in which case 1/2 or more of the tree trunk
is standing on public property.
STREET or HIGHWAY
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public as a matter of right.
TREE LAWN
That part of a street or highway, not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
TREES
A.
LARGE TREESDesignated as those attaining a height of 45 feet or more.
B.
MEDIUM TREESDesignated as those attaining a height of 30 feet to 45 feet or more.
C.
SMALL TREESDesignated as those attaining a height of 20 feet to 30 feet.
The duties of the Parks and Recreation Department
shall be as follows:
A. To assist the properly constituted officials and citizens
of the City in the dissemination of news and information regarding
the selection, planting and maintenance of trees within the corporate
limits, whether the same shall be on private or public property, and
to make such recommendations to the City Council as to desirable legislation
concerning the tree program and activities for the municipality.
B. To provide regular and special public meetings at
which the subject of trees, insofar as it relates to the City, may
be discussed.
It shall be the duty of any person or persons
owning or occupying real property bordering on any street upon which
property there may be trees to prune such trees in such manner that
they will not obstruct or shade the streetlights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct
view of any street or alley intersection. The minimum clearance of
any overhanging portion thereof shall be 10 feet over sidewalks and
12 feet over all streets, except truck thoroughfares, which shall
have a clearance of 16 feet.
Unless specifically authorized by the Tree Warden,
no person shall intentionally damage, cut, carve, transplant or remove
any tree; attach any rope, wire, nails, advertising posters or other
contrivance to any tree; allow any gaseous liquid or solid substance
which is harmful to such trees to come in contact with them; or set
fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
No person shall hinder, prevent, delay or interfere
with the Tree Warden or any of his/her assistants while engaged in
carrying out the execution or enforcement of this chapter; provided,
however, that nothing herein shall be construed as an attempt to prohibit
the pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction for the protection of property rights by the owner of
any property within the City.
No person shall deposit, place, store or maintain
upon any public place of the City any stone, brick, sand, concrete
or other materials which may impede the free passage of water, air
and fertilizer to the roots of any tree growing therein, except by
written permit of the Tree Warden.