As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Extends and applies to associations, firms, partnerships and corporations
as well as to individuals.
PUBLIC HIGHWAY
All land lying between private property lines on either side of all
public streets, highways, avenues and other routes of pedestrians and vehicular
travel maintained by the Town of Bethel.
PUBLIC TREE
The root system and all growth above ground level of any tree, shrub,
plant or woody vegetation growing in a public park or public area under the
jurisdiction of the Tree Warden or in a public highway within the confines
of the Town of Bethel.
TREE WARDEN
The person in charge of all public trees in the Town and Village
of Bethel.
No person shall cut, prune, spray or otherwise treat or alter the structure
or condition of any public tree without the permission of the Tree Warden.
No person shall fasten or attach to or around or apply to a public tree
any foreign object or substance without the permission of the Tree Warden.
A permit must be secured from the Tree Warden for building construction,
house moving, excavating or similar operations which involves or seems likely
to involve damage to or altering of a public tree or trees, and requirements
for the aftertreatment and/or repair of such damage may be specified by the
Tree Warden. The cost of such aftertreatment and/or repair of such damage
is to be borne by the person to whom the aforementioned permit was issued
or by the person causing the aforementioned damage.
The Tree Warden may approve a request for such treatment, removal, planting
or transplanting of a public tree, but if such treatment, removal, planting
or transplanting is of no immediate advantage to the general public but is
of immediate advantage only to the person requesting such treatment, planting,
removal or transplanting, such person shall pay the cost of such treatment,
removal, planting or transplanting, and the work shall be done under the supervision
of the Tree Warden.
Any tree not growing in a park or public highway but so located as to
extend its branches over a public park or highway shall be so maintained by
the owner of the tree or by his agent or agents that there shall be a clear
height of at least 14 feet above the surfaces of the public park or public
highway adjoining the tree unobstructed by any branches or foliage of the
tree, and the owner of the tree or his agent or agents shall remove or cause
to be removed at the owner's expense all dead wood or broken branches or stub
which are or may become, in the opinion of the Tree Warden, a hazard to travelers
or vehicles.
[Amended 12-1-1979]
Any person violating or failing to comply with any of the provisions
of this chapter shall be guilty of a misdemeanor and shall, upon conviction,
be subject to a fine not to exceed $100.