[HISTORY: Adopted by the Town of Amesbury
as Art. 46 of the 1990 Bylaws; amended in its entirety 12-13-2016 by Bill No. 2016-103. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Trees not considered "street trees" or "shade trees" (as
defined by this section) in public parks having individual names and
in all areas owned by the City.
All trees within the City which are considered public shade
trees as defined within MGL c. 87, § 1.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all public streets,
avenues, or ways owned by the City.
A.Â
Except as otherwise provided in this chapter, and except as may otherwise
be provided by state and federal statutes and regulations, the provisions
of MGL c. 87 shall govern the care of all park trees, street trees,
and shade trees within the City.
B.Â
Nothing in this section shall be construed to negate, supersede,
or otherwise affect any applicable responsibilities, duties, or interests
related to any trees meeting the definitions set forth in the preceding
section, as may be prescribed to other public entities by law, regulation,
or ordinance.
The City shall appoint a Tree Warden who shall serve in accordance
with MGL c. 87.
No street trees shall be planted closer than 20 feet to any
corner, measured from the point of the nearest intersecting curbs
or curblines. No street tree shall be planted closer than 10 feet
to any fire hydrant.
Every owner of any tree overhanging any street or right-of-way
within the City shall prune the branches so that such branches shall
not obstruct the light from any street intersection and so that there
shall be a clear space of eight feet 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. The City 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 or interferes with visibility
of any traffic control device or sign.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
Prior to taking any action on any trees located on private property,
the City will notify the owner by certified mail at least seven days
in advance, with the exception of emergencies.
Any person violating any provision of this chapter shall be punishable pursuant to Chapter 1, Article I, of this Code. The first offense shall be a fine of $100, the second offense a fine of $200 and the third and all subsequent offenses shall be a fine of $300. Each day shall constitute a new offense.
