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Village of Cassopolis, MI
Cass County
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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CEMETERY
The Prospect Hill Cemetery.
LARGE TREES
Those trees attaining a height greater than 45 feet at maturity.[1]
MEDIUM TREES
Those trees attaining a height greater than 30 feet but less than 45 feet at maturity.[2]
PARK
All Village parks having individual names, being Log Cabin Park, Southside Park, Clisbee Park and Don Home Park.
PROPERTY LINE
The description of record as shown by the property tax records of the Village.
PUBLIC PLACES
All other grounds owned or controlled by the Village.
PUBLIC TREES AND SHRUBS
All shade and ornamental trees, shrubs, bushes, and all other woody vegetation, growing in any street right-of-way, public park, cemetery or other public places.
SMALL TREES
Those trees attaining a height of less than 30 feet at maturity.[3]
STREET and HIGHWAY
The entire width of every public way or right-of-way, including alleys, when any part thereof is open to the use of the public for vehicular and/or pedestrian traffic.
TREE LAWN
Lying between the property line and that portion of the street or highway usually used for vehicular traffic.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village Manager or his designee shall have the power and control over all public trees within the boundaries of the Village. This power shall be limited by the Constitution and laws of the United States and the state and the language of this chapter.
[1]
Editor's Note: Original Subsection (b) of this section, regarding a schedule of official public trees, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village Manager shall have the power to administer this chapter. The Village Manager shall also have the power to promulgate and delegate the responsibilities established by this chapter. The Village Manager shall also have the power to draft suggested changes and additions to both this chapter and the tree schedule and recommend that the Village Council approve such suggested changes and additions.
A. 
No person shall plant any tree on private property within the Village unless the distance from the center of the trunk of such tree to the nearest street right-of-way line measures 10 feet or more.
B. 
No person shall plant on private property within the Village any small trees within six lateral feet of any underground water line, sewer line, transmission line or other utility.
C. 
No person shall plant on private property within the Village any medium trees within seven lateral feet of any underground water line, sewer line, transmission line or other utility.
D. 
No person shall plant on private property within the Village any large trees within eight lateral feet of any underground water line, sewer line, transmission line or other utility.
The owner of any tree overhanging any street right-of-way within the Village shall prune the branches so that such 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 seven feet above the street or sidewalk. Such owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, that constitute a menace to the safety of the public. The Village 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 the visibility of any traffic control device, or to remove any tree that negatively and dangerously affects a municipal water main, storm sewer main or sanitary sewer main.
The Village Manager shall have the right to cause the removal of any dead or diseased trees on private property within the Village, when such trees, or parts thereof, constitute a hazard to life and property, or harbor insects or disease, that constitute a potential threat to other trees within the Village.[2]
[1]
Editor's Note: Original Subsection (b) of this section, regarding Tree Committee procedures for removing trees, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original Ch. 58, Vegetation, Article II, Trees, Division 2, Village Tree Committee, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).