Town of Carrollton, MO Article III Trees

Section 215.170 Planting Of New Trees.

[Ord. No. 1116 § 17, 6-21-2010]

It shall be unlawful for any property owners or lessees of such property to plant any trees in the parkway or under any power lines that exceed six (6) feet in height when fully grown. All trees must have a clearance of ten (10) feet of all power lines, as specified in ANSI A133.191944 and OSHA 1910.269.

Section 215.180 Branches Overhanging Public Ways.

[Ord. No. 1116 § 18, 6-21-2010]

Any tree branches on private property in the Town, which overhang or intrude over or upon public streets, alleys, boulevards, roadways, or sidewalks to such an extent that it interferes with the safety of the traveling public, is hereby deemed and declared to be a nuisance. Any such tree shall be deemed to so interfere if the branches thereof shall overhang or intrude within and area of nine (9) feet above the traveled surface of any sidewalk or twelve (12) feet above the traveled surface of any street.

Section 215.190 Dead Or Unsafe Trees.

[Ord. No. 1116 § 19, 6-21-2010]

Any tree located on private property in the Town, which is either dead or in such an unsafe or dangerous condition that it constitutes a hazard to the safety of persons or vehicles traveling on any public street, alley, boulevard, roadway or sidewalk in the Town, or to any persons or structures living or adjacent to private property, is hereby deemed and declared to be a nuisance.

Section 215.200 Inspection Of Premises.

[Ord. No. 1116 § 20, 6-21-2010]

Subject to constitutional limitations, authorized agents of the Town are hereby authorized to enter upon any private property within the Town to examine and inspect any tree thereon to determine if such tree is a nuisance as defined in Sections 215.170, 215.180 and 215.190. It shall be unlawful for any person to interfere with any such authorized agent making any examination permitted under this Section.

Section 215.210 Notice To Abate.

[Ord. No. 1116 § 21, 6-21-2010]

Whenever the designated official for the Town finds that a nuisance exists under any provision of this Chapter, he/she shall give notice, by certified mail addressed to the last known address of the owner of record or by personally serving the notice upon the owner of record, and if there is more than one owner of record, by such mail or personal service to any one of such owners. In the event the owner of the property is unknown, or his/her whereabouts is unknown, notice shall be given by posting such notice upon the property where the condition of nuisance exists. Such notice shall require the owner of the property to abate the nuisance in the manner stated in Section 215.220 as conditions warrant.

Section 215.220 Owner To Abate Nuisance.

[Ord. No. 1116 § 22, 6-21-2010]

It shall be the duty of the owner of private property upon which any tree is located whose condition constitutes a nuisance under Sections 215.170, 215.180 and 215.190 to trim or remove such trees within thirty (30) days from receipt of the notice from the inspector to do so.

Section 215.230 Penalty.

[Ord. No. 1116 § 23, 6-21-2010]

Any person, partnership, association or corporation violating any of the provisions of this Chapter shall upon conviction thereof, be fined in an amount not to exceed five hundred dollars ($500.00) or by imprisonment for not more than three (3) months or both such fine and imprisonment. Each day such violation is committed shall constitute a separate offense and shall be punished as such hereunder.