[HISTORY: Adopted by the Burgess and Commissioners of the Town of Walkersville 12-14-1977. Amendments noted where applicable.]
[Amended 4-26-2006 by Ord. No. 2006-02]
It is hereby declared to be unlawful for any person owning any real estate within the Town of Walkersville to permit any tree on or near the sidewalk in front of his/her premises to hang over or to branch in such a manner as to obstruct the sidewalks or the light from the Town's streetlights. All such trees shall be kept trimmed by the owners of said premises so that the limbs thereof shall not be less than seven feet in height of clear space above the sidewalks and 13 feet six inches above any street surface.
Whenever any such tree or the branches thereof shall, in the opinion of the Burgess and Commissioners of Walkersville, become dangerous or damaging to the traveling public or to the property in the neighborhood, the same shall be removed by the owner of the premises as hereinafter directed. In all cases where any such tree or the branches thereof are required to be removed by the owner of the premises, and whenever such tree is required to be trimmed as herein provided, the Burgess of Walkersville shall notify the owner to remove such tree or the branches thereof or to trim such tree or the branches thereof, as the case may be, and such owner shall remove said tree or the branches thereof or trim such tree as directed in the notice within 15 days from the receipt of said notice; provided, however, that if any such tree is in such dangerous condition that it is likely to fall at any time, the same shall be removed forthwith upon receipt of the notice from the Burgess of Walkersville, who is hereby authorized to give such notice.
In the event that the owner, occupant or other person in control of the property should fail or refuse to remove such tree or the branches thereof or to trim such tree, as the case may be, after proper notification from the Burgess of Walkersville and within the time limit in said notification, such tree or the branches thereof shall be removed or such tree shall be trimmed by the employees or agents of the Burgess and Commissioners of Walkersville. The Town Clerk shall submit a bill for all costs of such removal or trimming unto the aforesaid owner for payment, and such bill shall be due and payable within 30 days from its date. In the event such bill is not paid within 30 days from its date, the Burgess is hereby empowered to proceed with its collection by instituting suit on behalf of the Burgess and Commissioners of Walkersville. Furthermore, any such owner, upon conviction, shall be guilty of a misdemeanor and shall be punished as provided in the Charter of the Town of Walkersville.[1] Every such person may be guilty of a separate offense for each and every day such violation shall continue.
[1]
Editor's note: See Charter, § C15-4.
No trees shall be planted near the curb of any of the streets of Walkersville except with the specific permission of the Burgess and Commissioners.