[HISTORY: Adopted by the Mayor and Council of the Town of Galena 12-3-1990 by Ord. No. 90-2 (Ch. VI, Art. 3, of the 1990 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Tree Committee — See § 7-4.
Forest conservation — See Ch. 84.
Land use — See Ch. 105.
Parks and recreation areas — See Ch. 123.
As used in this chapter, the following terms shall have the meanings indicated:
LARGE TREES
Any tree over 45 feet in height.
MEDIUM TREES
Any tree 20 feet to 45 feet in height.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the Town or to which the public has free access as a park.[1]
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Town.
SMALL TREES
Any tree up to 20 feet in height.
TOPPING
The severe cutting back of tree limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
TOWN TREE COMMITTEE
The duly appointed members of the Committee pursuant to Chapter 7, Administration of Government, § 7-4, of the Town Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The spacing of street trees will be in accordance with the three species' size classes, and, except in special plantings designed or approved by a landscape architect, no trees may be planted closer together than the following:
A. 
Small trees: 30 feet.
B. 
Medium trees: 40 feet.
C. 
Large trees: 50 feet.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species' size classes, and, except in special plantings designed or approved by a landscape architect, no trees may be planted closer to any curb or sidewalk than the following:
A. 
Small trees: two feet.
B. 
Medium trees: three feet.
C. 
Large trees: four feet.
A. 
The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Town Tree Committee may remove or cause or order to be removed any tree, or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements or is infected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners if prior approval has been obtained from the Town Tree Committee.
A. 
It shall be unlawful as a normal practice for any person, firm or Town department to top any street tree, park tree or other tree on public property.
B. 
Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions for which other pruning practices are impractical may be exempted from this prohibition at the discretion of the Town Tree Committee.
A. 
Every owner of any tree overhanging any street or right-of-way within the Town 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 at least 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 as determined by the Town Tree Committee.
B. 
The Town shall have the right to prune any tree or shrub on private property, following a notice of intent to the property owner in writing, 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 sign.
A. 
The Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a hazard to life and property or harbor insects or disease which constitutes a potential threat of other trees within the Town.
B. 
The Town Tree Committee will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of the failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notice.
It shall be unlawful for any person to prevent, delay or interfere with the Town Tree Committee or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing, as authorized by this chapter, of any street trees, park trees or trees on private grounds.
A. 
The Mayor and Council shall have the right to review the conduct, acts, and decisions of the Town Tree Committee.
B. 
Any person may appeal any ruling or order of the Town Tree Committee to the Mayor and Council, who may hear the matter and make a final decision.
Any person violating any provision of this chapter shall be guilty of a municipal infraction and, upon conviction thereof, shall be subject to a fine not to exceed $50.