[Ord. of 8-7-2000]
This article charges the Town arborist with the responsibility of insuring that any tree or shrub planted in a public area is one of an approved species which is properly planted according to the standards and guidelines outlined in the comprehensive tree management plan.
[Ord. of 8-7-2000]
(a) 
Independent contractors. Any independent contractor hired for pruning or other maintenance on public trees shall (1) be subject to the direction and supervision of the Town arborist: (2) have, pursuant to the Code, a current Town business license to provide such services; and (3) furnish proof of liability and workman's compensation insurance coverage in amounts specified by the Town Manager. The independent contractor must maintain such insurance coverage throughout its term of its license.
(b) 
Standards for pruning or trimming public trees. In the absence of a written waiver by the Town arborist, all trees on public areas must be pruned or trimmed in accordance with the standards described in the American National Standards Institute's A300 Pruning Standard, published on January 18, 1995 by the Secretariat of the National Arborist Association, Inc., or any changes to such standards approved by the Town Council.
(c) 
Topping public trees. Except as permitted under a public utility franchise, it shall be unlawful to top any public tree. Provided, that trees severely damaged by storms or other causes, or certain trees in close proximity to utility wires or other obstructions may be exempted from this section, at the discretion of the Town arborist.
[Ord. of 8-7-2000]
The following provisions to protect public trees and provide protective regulations governing planting and removal of unsafe vegetation shall apply to all persons, including natural persons, independent contractors, public utility companies, public works and other Town departments:
(a) 
Trees endangered by excavation or construction. In the absence of a written waiver by the Town arborist, any public tree located within 20 feet of any proposed (i) excavation, or (ii) construction of a building or other structure, or (iii) street work shall have its critical root zone protected from all building material, dirt or other debris which might be generated by the operation concerned. To accomplish such protection, the Town arborist shall submit written instructions and the party responsible for the excavation, construction or work shall, in advance of commencing the operation, comply with such instructions by erecting a substantial fence, frame, shield or box not less than three feet high at a location calculated to protect the tree's critical root zone.
(b) 
Trees endangered by public works and other ditches. Without prior notification of and discussion with the Town arborist and strict adherence to the Town arborist's instructions relative to tree protection, no person shall change the natural grade, excavate any ditches, tunnels, trenches, or lay any line, within 10 feet of the critical root zone of any tree in any public area. Provided that (i) the Town arborist is notified as soon as practical after the work is done and (ii) the particular operation would not increase the existing utilities beyond their original capacity, the provisions of Subsection (b) shall not apply to any person performing emergency work to restore existing underground utilities within the same trench.
(c) 
Trees put at risk by placement of materials on public property. No person shall deposit, place, store or maintain upon any public place any stone, brick, sand, concrete or other materials that might impede the free passage of air, water or fertilizer to the roots of any public tree.
(d) 
Distance of certain trees from public sewers. Poplar, willow, American elm or cottonwood trees planted anywhere in the Town after the effective date of this ordinance shall be placed at least 100 feet away from public sewers.
(e) 
Planting in park or in or near public right-of-way.
(1) 
Shade or ornamental trees. No shade or ornamental tree or shrub shall be planted in any public right-of-way or within five feet of such right-of-way or in any public park until such tree or shrub shall have first been approved and the place where it is to be planted designated by the Town Manager and a permit granted therefore.
(2) 
Prohibited species. It shall be unlawful for any person to plant in any park or public right-of-way or within five feet of such right-of-way line the following trees: poplar, willow, cottonwood, fruit trees (except ornamental types), nut trees (except oak and hickory), ailanthus, mountain ash, mimosa, silver maple, American elm and sycamore maple.
(f) 
Attaching rope, sign or other device. No person shall fasten any rope, wire, sign, poster, handbill or other device to a tree or shrub or to any guard about such tree or shrub on a public right-of-way or in a park.
(g) 
Wires in right-of-way or park.
(1) 
Protection of trees and shrubs. Every person having or maintaining any electric, telephone, telegraph or other wires running through a public right-of-way or park shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public right-of-way or park.
(2) 
Consolidation. Persons having or maintaining any electric, telephone, telegraph or other wire running through a public right-of-way shall consolidate their wires so as to place as few poles as possible in the right-of-way and shall, whenever possible, place such poles in alleys, utility easements and along rear lot lines.
(h) 
Trimming or cutting of overhanging trees.
(1) 
The trimming or cutting of trees, the limbs of which overhang streets or sidewalks of the Town, or trees located on the sidewalks or streets of the Town, shall be done in the discretion and under the authority of the Town Manager and supervision of the Town arborist. Such work shall be done in a proper manner with the least possible damage to the trees trimmed or cut.
(2) 
Any person applying for the privilege of trimming or cutting trees to promote the efficiency of a public utility shall pay all expenses incident to such work.
(3) 
It shall be unlawful for any owner of property adjacent to a street to obstruct or interfere with the cutting or trimming of trees under the provisions of Subsection (h).
(i) 
Vegetation impeding, etc., movement of vehicular or pedestrian traffic — Generally.
(1) 
Whenever it shall be determined by the department head of any department of the Town that there is growing vegetation which impedes, hinders or makes unsafe the movement of either vehicular traffic or pedestrian traffic, the department head shall make a written report to the Town Manager, with copy to the Town arborist, giving location and other pertinent information. Thereafter, the Town arborist shall supervise any measures taken to correct the hazardous condition, as directed by the Town Manager.
(2) 
The Town Manager shall forthwith notify the owner of the property where such vegetation exists and shall demand that the owner shall, within the space of 10 days, either completely remove such vegetation or trim such vegetation to such an extent as to remove any hazard. Such notice shall be served personally on the owner of the property if he resides on the property or is a resident of the Town; otherwise, such notice shall be served on the owner by registered or certified mail with provision made for a return receipt. If the property is rental property, a copy of such notice shall be served on one of the tenants occupying it. If the owner of the property is a nonresident of the state and has an agent within the state who collects the rents from the property or has control of the property, then service of the notice upon such agent shall constitute service upon the owner. If any person shall fail to comply with the terms of such notice for a period of 10 days, then the Town shall abate the nuisance and all costs or charges incurred in connection therewith and duly assessed may be collected by the Town from the owner of the premises as taxes and levies are collected, or may be recovered by suit as any other debt. The failure, neglect or refusal of any such owner or agent to comply with the terms of any such notice shall be unlawful. Each 24 hours subsequent to the time limit provided for by this section shall be taken to constitute a separate offense.
(j) 
Same — lien for unpaid charges. Every charge authorized and duly assessed under Subsection (i) shall, so long as it remains unpaid, constitute a lien against the real property in question.
(k) 
Pruning, injuring, removing vegetation. No person shall, without a permit from the Town Manager, cut, prune, break, injure or remove any tree, shrub or plant on a public right-of-way or in a park or cut, disturb or interfere in any way with any root of a tree, shrub or plant on a public right-of-way or in a park.
(l) 
Spraying or injecting. No person shall, without a permit from the Town Manager, spray or inject with any chemical any tree, shrub or plant on a public right-of-way or in a park.
(m) 
Removing, injuring guards. No person shall, without a permit from the Town Manager, remove or injure any guard or device placed to protect any tree or shrub on a public right-of-way or in a park.
(n) 
Closing or obstructing open space about base. No person shall, without a permit from the Town Manager, close or obstruct any open space provided about the base of a tree or shrub to permit the access of water, air and fertilizer to the roots of such tree or shrub on a public right-of-way or in a park.
(o) 
Allowing harmful substances to come in contact with roots or leaves. No person shall, without a permit from the Town Manager, allow any gaseous, liquid or solid substances harmful to the trees or shrubs on a public right-of-way or in a park to come in contact with the roots or leaves of such trees or shrubs.