[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. There is
hereby created and established a City Tree Committee for the City
of Walhalla, South Carolina, which shall consist of five members,
citizens and resident of this City, who shall be appointed by the
Mayor with the approval of the City Council. Members of this Committee
shall serve without compensation.
B. The term
of the five persons of the Tree Committee to be appointed by the Mayor
shall be two years. In the event that a vacancy should occur during
the term of any member, his or her successor shall be appointed for
the unexpired portion of the term.
This chapter provides full power and authority over all trees,
plants and shrubs located within street rights-of-way, parks and public
places of the City.
For the purpose of this chapter, the following terms, phrases
and words, and their derivations shall have the meanings given herein.
The word "shall" is mandatory and not merely directory.
CITY
The City of Walhalla, Oconee County, South Carolina.
LARGE TREES
Trees attaining a height of 45 feet or more.
MEDIUM TREES
Trees attaining a height of 30 feet to 45 feet.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public
parks and areas owned by the City, or to which the public has free
access as a park.
SMALL TREES
Woody vegetation attaining a height of less than 30 feet.
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 City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be unlawful for any person to engage in the business
of planting, cutting, trimming, pruning, removing, spraying or otherwise
treating trees, shrubs or vines on City-owned property without first
notifying the Tree Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall plant, remove, cut above the ground or disturb
any tree on any street, park or other public place without first obtaining
permission from the Tree Committee. The person receiving permission
shall abide by the standards set forth in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. The City 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, water lines or other public improvements, or is affected
with any injurious fungus, insect or other pest. This section does
not prohibit the planting of street trees by adjacent property owners.
B. Every owner, either public or private, 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 lamp
or obstruct the view of any street intersection. 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 visibility of any traffic control device or
sign. The City shall have the right to cause the removal of any dead
or diseased trees on private property within the City when such trees
constitute a hazard to life and/or property or harbor insects or disease
which constitutes a potential threat to other trees within the City.
The City 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 failure
of owners to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost of removal of any
public tree.
C. The City Tree Committee shall locate, select and identify trees which
quality as "landmark trees." A tree may qualify as a landmark tree
if it meets one or more of the following criteria: species rarity,
old age, association with an historical event or person, abnormality
or scenic enhancement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. The City Tree Committee shall have the power to promulgate and enforce
rules, regulations and specifications concerning the trimming, spraying,
removal, planting, pruning and protection of trees, shrubs, vines,
hedges and other plants upon the right-of-way of any street, alley,
sidewalk or other public place in the City.
B. The City Council shall have the right to review the conduct, acts
and decisions of the City Tree Committee. Any person may appeal from
any ruling or order of the City Tree Committee to the City Council,
which may hear the matter and make final decisions.
C. Any person, firm or corporation violating or failing to comply with
any of the provisions of this chapter shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined for each offense a sum
no less than $1 nor more than $500, or may be imprisoned for a term
not exceeding 30 days.