No person shall trim or injure in any way any living ornamental or shade tree that is located in any street or public place within the Village of Deposit without the consent of the owner of the immediately adjoining property and the written permission of the Board of Trustees.
[HISTORY: Adopted by the Village Board of the Village of Deposit 7-6-1965 (Ch. 42 of the 1965 Code). Amendments noted where applicable.]
A.
Where trees located on private property project in such a manner as to obstruct public walks or streets, the owner shall properly trim or remove the same upon notice from the Board of Trustees.
B.
Trees located between the sidewalks, the sidewalks as extended, and the curb, or the curb as extended shall be the property of the Village. All others shall be the property and the responsibility of the owner of the land.
C.
If within 10 days the order from the Board is not complied with, the work shall be done by or under the direction of the Public Works Superintendent and the expense of so doing shall be a lien upon the property if not paid into the Village Treasury.
All trees planted on the streets of the Village of Deposit shall be of the variety and placed in such a manner and at such points as the Board of Trustees may direct.[1]
[1]
Editor's Note: Former § 42-4, Hitching to trees, which immediately followed this section, was repealed 1-12-1999 by L.L. No. 1-1999.
No person shall attach any swing, electric wire, guy wire, insulator or other device for the holding of wire to any tree along any street or in any public place in the Village of Deposit without the written consent of the Board of Trustees.
Every person, firm or corporation running any wire intended for the conveyance of electricity along or upon any street or public place shall locate the same and from time to time so change the location thereof as may be directed by the Board of Trustees in order to avoid injury to trees.
The Public Works Superintendent may be authorized by the Board of Trustees to cut down and remove or trim and prune any tree in any street or public place if the Board determines that such trimming or removing is for the public interest.
[Amended 1-12-1999 by L.L. No. 1-1999]
Any violation of any of the provisions of this chapter and any interference with the Public Works Superintendent in the performance of any duty imposed upon the Public Works Superintendent by this chapter shall be punishable by a fine of not more than $250 or imprisonment for not to exceed 15 days, or both such fine and imprisonment.