[HISTORY: Adopted by the City Council of the City of Saratoga
Springs as Ch. 125 of the 1970 Code. Amendments noted where applicable.]
The Department of Public Works shall have exclusive jurisdiction,
authority, control and supervision of all trees, plants and shrubs
planted or growing in or upon the public highways and public places
of the City of Saratoga Springs and the planting, removal, care, maintenance
and protection thereof.
A.
Except upon order of the Department of Public Works, it shall be
unlawful for any person, firm or corporation or the officer or employee
of a corporation without a written permit from the Department of Public
Works to remove, destroy, cut, break, climb or injure any tree, plant
or shrub or portion thereof that is planted or growing in or upon
any public highway or public place within the City of Saratoga Springs
or cause, authorize or procure any person to remove, destroy, cut,
break, climb or injure any such tree or shrub or portion thereof or
to injure, misuse or remove or cause, authorize or procure any person
to injure, misuse or remove any device set for the protection of any
tree, plant or shrub in or upon any public highway or public place.
B.
Any person, firm or corporation or officer or employee of a corporation
desiring for any lawful purpose to remove, destroy, cut, prune, treat
with a view to its preservation from disease or insects or trim any
tree, plant or shrub in or upon any public highway or public place
shall make application to the Commissioner of Public Works at the
Department of Public Works. Such application must state the number
and condition of the nearest trees to be trimmed, removed or treated
and the kind and condition of the nearest trees upon the adjoining
property. If, in the judgment of the Commissioner of Public Works
and/or the City Forester, the desired removing, cutting, pruning,
treatment or trimming shall appear necessary and the proposed method
and workmanship thereof shall be such as such Commissioner of Public
Works and/or the City Forester may approve, the Department of Public
Works may thereupon issue a written permit for such work. Any work
done under such written permit must be performed in strict accordance
with the terms thereof and the provisions of this chapter.
A.
It shall be unlawful for any person, firm or corporation owning or
using or having control or charge of gas or other substances deleterious
to tree life to allow such gas or other deleterious substance to come
in contact with the soil surrounding the roots of any tree, shrub
or plant in any public highway or public place in such manner as shall
kill or destroy or may injure such tree, shrub or plant, either by
dripping or seeping or any other manner whatsoever.
B.
It shall be unlawful for any person, firm or corporation to attach
or keep attached to any tree, plant or shrub in or upon any public
highway or public place or to the guard or stake intended for the
protection of such tree any rope, wires, chains, signs or other device
whatsoever, except for the purpose of protecting it or the public.
Trees standing in or upon any public highway or public place
and on any lot or land adjacent to any public highway or public place
and having branches projecting into the public highway or place shall,
under the supervision of the Department of Public Works, be kept trimmed
by the owner or owners or occupants of the property on or in front
of which such trees are growing. The Department of Public Works may,
however, allow newly planted trees to remain untrimmed, provided that
they do not interfere with persons using the sidewalk or cause any
obstruction. In case the owner or owners, occupant or occupants shall
neglect or refuse to trim such tree or trees on being notified in
writing so to do, it shall be the duty of the Department of Public
Works so to do.
A.
It shall be unlawful for any person, firm or corporation to plant
or set out any tree or cause or authorize or procure any person to
plant or set out any tree in or upon any part of any public highway
or public place without first obtaining from the Department of Public
Works a written permit so to do and without complying in all respects
with the conditions set forth in such written permit and with the
provisions of this chapter.
B.
All applications for such permit shall describe the work to be done
and the variety, size and precise location of each tree.
A.
The Department of Public Works shall have the right to plant, trim,
spray, preserve and remove trees, plants and shrubs within the lines
of all streets, alleys, avenues, lanes, squares and public grounds
as may be necessary to ensure safety or to preserve the symmetry and
beauty of such public grounds. The Department of Public Works, under
the power here given, 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 or other public improvements
or is affected with any injurious fungus, insect or other pest.
B.
The Commissioner of Public Works shall also have the power to order
and require property owners in the City to spray or otherwise treat
any tree, shrub or plant located on private grounds or property which
has become infected or infested by any parasite or insect pest when
it shall be necessary, in his opinion, to do so to prevent the breeding
or scattering of any parasite or animal pests and to prevent danger
therefrom to trees or shrubs planted in the public streets or other
public places. The Commissioner of Public Works shall also have the
power to order property owners to trim, treat or remove any tree,
plant or shrub located on private grounds or property whenever it
shall be deemed wise to do so for the protection of other trees, plants
or shrubs planted in the public streets or other public places.
C.
Notice of an order of the Commissioner of Public Works, as provided
for herein, shall be given by publication twice in the official newspaper
of the City or by registered mail directed to the owner of property
at his last known place of residence.
D.
Upon failure of the property owner to spray or otherwise treat any tree or shrub located on private ground which has become infected or infested by any parasite or insect pest, in compliance with an order of the Commissioner of Public Works promulgated in accordance with Subsection B of this section, the Department of Public Works shall enter upon the private ground and spray or otherwise treat or cause or order to be sprayed or otherwise treated any tree or shrub or plant infected or infested by any parasite or insect pest and shall assess the cost of doing said work against the property benefited.
It shall be unlawful for any person or persons or firm or corporation
to prevent, delay or interfere or cause or authorize or procure any
interference of delay with the Commissioner of Public Works or any
of his employees, agents or servants or the City Forester while he
is engaged in and about the planting, cultivating, mulching, pruning,
spraying or removing of any trees, plants or shrubs in or upon any
public highway or public place or upon any private ground as authorized
in the previous section.
[Amended 4-4-1994 by L.L. No. 1-1994]
