(a) 
The Town shall have control of all street trees, shrubs, and plants or flowers now or hereafter growing in any street, park or public place within the Town limits, but the owner of the property which abuts the street or public place shall be responsible for the care and maintenance of such trees, shrubs and plants.
(b) 
In connection with the approval of a landscaping plan required for the subdivision of land within the Town or as part of any Site Development Permit, the City Council, Planning Commission or Site Development Authority, as the case may be, may include as a part thereof the planting and maintenance of street trees within the portion of any street lying between the property line of the property which is the subject of a Subdivision or Site Development Permit application and the paved or otherwise improved portion of that street.
(c) 
Unless required to plant street trees as a part of a landscaping plan described in subsection (b) above, no other person shall plant, trim, remove, or interfere with street trees, shrubs, plants, or flowers in any street, park, or public place without a permit therefor issued as provided in Sections 12-2.04 and 12-2.05.
(d) 
If the owner of the property which abuts the street or public place upon which are located trees, shrubs or plants and who is responsible for their care and maintenance, fails to care and maintain them, a notice may be sent by ordinary United States mail to the owner or any tenant involved. Such notice shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within which the work must be performed. If, at the end of the time specified, such work has not been performed, the Town may perform such work, and the cost thereof shall constitute a charge against such owner or tenant, and such charge shall be a lien on such property.
(§ 1, Ord. 20; § 1, Ord. 316, eff. November 6, 1987; § 1, Ord. No. 332, eff. June 1, 1990)
No person, unless authorized by permit, shall:
(a) 
Plant, remove, top, or in any way injure or mutilate any street tree;
(b) 
Fasten any sign, wire, or injurious material to any street tree; or
(c) 
Excavate any ditch or tunnel or place concrete or other pavement within a distance of 10 feet from the center of the trunk of any street tree.
(§ 3, Ord. 20; § 1, Ord. 332, eff. June 1, 1990)
Any person desiring to do any of the work described in Section 12-2.03 may apply for a permit to do so. The application for a permit shall be made on forms provided for the purpose and shall state the work proposed to be done and in the case of removal the number and location of the trees to be removed by types and the reason for removal for each.
(§ 4(a), Ord. 20, § 2, Ord. 316, eff. November 6. 1987; § 1, Ord. 332. eff. June 1, 1990)
Each application shall be reviewed to determine:
(a) 
Whether the proposed work:
(1) 
Will create, continue or aggravate any hazardous condition, or public nuisance;
(2) 
Will prevent or interfere with the growth; location or planting of approved street trees;
(3) 
Will be consistent with the planting plan being followed by the Town.
(b) 
The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility service;
(c) 
In the case of removal:
(1) 
The necessity to remove the tree or trees;
(2) 
The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;
(3) 
The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and the property values.
The City Manager may issue the permit with or without reasonable conditions, or may deny the permit, after making the determinations described above. If a permit is issued the City Manager may attach as a condition, the replacement by the applicant of the tree with another tree contained in a list of trees determined by the City Council to meet the criteria set forth in Section 11-8.08.
If the application for a permit is denied, the applicant may appeal to the City Council which shall hear and determine the appeal at its next regularly scheduled meeting.
(§ 4(b), Ord. 20; § 3, Ord. 316, eff. November 6, 1987; § 1, Ord. 332, eff. June 1, 1990)
Damages to any street tree caused by any act or omission by any person whenever such act or omission is prohibited by, or not authorized pursuant to, the provisions of this chapter shall be charged to such person.
(§ 7, Ord. 20; § 1, Ord. 332, eff. June 1, 1990)
The following are hereby declared to be public nuisances:
(a) 
Any dead, diseased, infested, or dying tree in any street or on any private property so near to any street as to constitute a danger to street trees, or streets, or portions thereof;
(b) 
Any tree or shrub on any private property or in any street of a type or species apt to destroy, impair, or otherwise interfere with any street improvement, sidewalk, curb, approved street tree, gutter, sewer, or other public improvement, including utility mains or services: or
(c) 
Any tree limb, shrub, or plant reaching a height more than three feet above the street center adjacent thereto, except tree trunks having no limbs lower than nine feet above the street center, within the 30 foot triangle of private property at the intersection on any streets improved for vehicular traffic;
(d) 
Vines or climbing plants growing into or over any street tree, public hydrant, pole, or electrolier;
(e) 
The existence of any tree which is infested or infected, or in danger of becoming infested or infected, with objectionable insects, scale, fungus. or growth injurious to trees;
(f) 
The existence of any branches or foliage which interfere with the visibility of, or free use of. or access to any portion of any street improved for vehicular or pedestrian travel;
(g) 
Hedges or dense thorny shrubs and plants on any street, or portion thereof;
(h) 
Shrubs and plants more than two feet in height in any street measured above the top of the street center; and
(i) 
Any weed or dangerous or obnoxious plant.
(§ 5, Ord. 20; § 1, Ord. 332, eff. June 1, 1990)
When a public nuisance, as set forth in Section 10-2.206 of this chapter, exists, it shall be subject to abatement procedures set forth in Chapter 5 of Title 6 of the Municipal Code.
(§ 3, Ord. 513, eff. January 11, 2009)
The City Council, by resolution, may adopt regulations prescribing standards of landscaping and planting of streets and public places, therein, together with a list of appropriate street trees. A copy of such regulations and street tree list shall be available for public inspection upon request, and all work performed in streets or public places shall be performed in accordance therewith. The following criteria shall be considered in compiling any list of appropriate street trees. Each tree should:
(a) 
Be disease resistant;
(b) 
Not require extensive pruning or leaf clean-up;
(c) 
Be erect and non-drooping for the sake of pedestrians and motorists;
(d) 
Be appropriate to the space in which they are to be planted for their root growth and breadth of canopy in order to reduce sidewalk and utility line damage.
(§ 9, Ord. 20; § 4, Ord. 316 eff. November 6, 1987; § 1, Ord. 332, eff. June 1, 1990)