Park trees.
Trees, in public parks or areas owned by the town.
Private trees.
Those whose trucks are located one half of the tree trunk or more on private property.
Street trees.
Trees, on land lying between property lines on either side of all streets or rights-of-way within the town.
(Ordinance 343-12-2020 adopted 12/14/20)
The Keep Shady Shores Beautiful board shall serve as the tree board for the town. Persons serving by appointment of the town council to the Keep Shady Shores Beautiful Board and the tree board serve at the pleasure of a majority of the town council and may be removed from the board at any time, with, or without, cause.
(Ordinance 343-12-2020 adopted 12/14/20)
(a) 
It shall be the responsibility of the board to study investigate and develop and/or update every two years, and administer a written plan for the care, preservation, pruning, planting, replanting, removal and disposition of trees and in parks, along streets in other public areas. If no updates are necessary, the plan will remain the same. Such plan will be presented to the town council and upon their acceptance and approval shall constitute the official comprehensive tree plan for the town.
(b) 
The tree board when requested by the town council shall consider, investigate, make finding, report, and recommend upon any special matter of question coming within the scope of this work.
(Ordinance 343-12-2020 adopted 12/14/20)
The following list constitutes the official street tree species for the town. No species other than those included in this list may be planted as street trees without the approval and written permission of the tree board.
Live Oak
Cedar
Elm
Red Oak
Bur Oak
Chinquapin
Pecan
Pistachio
(Ordinance 343-12-2020 adopted 12/14/20)
The spacing of street trees will be in accordance with the three species size classes listed in section 1.04.094 of this division, and no trees may be planted closer together than the following: Large trees 40 feet; except in special plantings designed or approved by a landscape architect.
(Ordinance 343-12-2020 adopted 12/14/20)
(a) 
The distance trees may be planted from curb, curbline, sidewalks and/or road rights-of-way will be in accordance with this division and no trees may be planted closer to any curb or sidewalk or right-of-way than large trees 4'.
(b) 
No trees of any size shall be planted in the bar ditches.
(Ordinance 343-12-2020 adopted 12/14/20)
No street tree shall be planted closer than 35' of any street corner measured from the nearest intersecting curb, curbline or road right-of-way. No street tree shall be planted closer than 10' of any fireplug.
(Ordinance 343-12-2020 adopted 12/14/20)
(a) 
Minimum tree branch clearance.
A property owner is responsible to maintain and trim street trees and private trees on the owner’s private property, and on public property contiguous to the owner’s private property to prevent limbs and branches from overhanging the public property at a height of less than fourteen feet. The failure of the property owner to maintain such trees at not less than 14 feet above the public property, including rights-of-way, sidewalks, and access easements is a violation of this division. A public roadway which is a prescriptive easement is included in the definition of “public property” for the purposes of this division.
(b) 
Duty to maintain property; prohibited conditions.
(1) 
It shall be unlawful for any owner to allow any weeds and vegetation to grow to a height greater than twelve (12) inches upon any real property within the city.
(2) 
Subsection (1) of this section shall not apply to real property which is legally zoned for agriculture by the city and where crops are planted and/or present.
(3) 
It is the responsibility of the property owner to maintain the property to include the area up to the edge of paving of any public roadway bounding the property in accordance with this division.
(Ordinance 343-12-2020 adopted 12/14/20)
No street trees other than those species listed as small trees in section 1.04.094 of this division may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission or other utility.
(Ordinance 343-12-2020 adopted 12/14/20)
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. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this division at the determination of the tree board.
(Ordinance 343-12-2020 adopted 12/14/20)
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 streetlamp or obstruct the view of any street intersection and so that there shall be a clear space of fourteen (14') feet above the surface of the street or sidewalk. Said owners shall remove dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic-control device or sign.
(Ordinance 343-12-2020 adopted 12/14/20)
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Ordinance 343-12-2020 adopted 12/14/20)
It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this division.
(Ordinance 343-12-2020 adopted 12/14/20)
The town council shall have the right to review the conduct, acts and decisions of the town tree board. Any person may appeal from any ruling or order of the town tree board to the town council who may hear the matter and make final decision.
(Ordinance 343-12-2020 adopted 12/14/20)
Any person, firm or corporation (collectively referred to as “person”) violating any of the provisions of this division, shall be subject to the penalty as provided herein, and upon conviction shall be punished by a fine not to exceed the sum of five hundred ($500.00) dollars for each offense. Each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 343-12-2020 adopted 12/14/20)