[HISTORY: Adopted by the Town Board of the
Town of Linn 11-13-1995 (Ch. 4 and § 5.04 of the 1995 Code). Amendments
noted where applicable.]
All dead or freshly cut elm wood shall be burned
or treated with an approved spray and oil base as approved by the
Town Board, and it shall be unlawful to keep any dead or freshly cut
elm wood on any premises in the Town of Linn unless so treated.
The Town Board or any person designated by the
Town Board may order any property owner to remove and destroy any
elm trees determined to be infected with Dutch elm disease, or any
elm tree in imminent danger of infestation by Dutch elm disease, or
any tree of any species infested with any disease. Notice shall be
given by mailing a notice to the last known address of the property
owner by registered mail or by delivery of notice and service thereof
by any police officer on such owner or agent of the owner.
The Town Board or person designated by the Town
Board is hereby empowered to enter upon private property within the
Town for the purpose of inspecting all trees thereon to determine
whether any of such trees are infected or diseased or in need of other
preventative measures and is further empowered to inspect such private
premises to determine the presence of any infected logs, firewood,
or stumps, or the presence of any dead elm trees, elm logs, elm firewood,
or elm stumps.
The Town Board or person designated by the Town Board may order any property owner to spray the trees and the ground around the trees with a substance approved by the Town Board to eliminate or control Dutch elm disease and other tree infestation. Notice shall be given in the same manner as provided in § 4-2.
When any property owner is directed to remove
a tree or spray a tree or area, he shall advise the Town Board of
his compliance within 10 days after receipt of the notice.
No person shall engage in the sale of spraying
service for elm trees for the prevention of Dutch elm disease or other
tree disease without first registering with the Town Board and furnishing
a sample of the spraying substance for analysis, thereupon receiving
a permit if such person meets with the approval of the Town Board.
It shall be a condition of the permit that any police officer or person
designated by the Town Board may demand a sample of the spray material
from any person holding a permit from the Town Board at any time,
and refusal to supply a sample of the spray material shall automatically
suspend the permit.
A.
Policy. It shall be the policy of the Town of Linn
to regulate and control the planting, transplanting, removal, maintenance
and protection of public and private trees and shrubs in the Town
in order to eliminate and guard against dangerous conditions which
may result in injury to persons using the streets, highways, sidewalks
or property of the Town; to promote the beauty and general welfare
of the Town; to protect trees and shrubs located in the public areas
of the Town from undesirable and unsafe planting, removal, treatment
and maintenance practices; and to control the spread of tree disease.
B.
BUSH or SHRUB
PUBLIC TREES AND SHRUBS
TREE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A low-spreading woody plant with several permanent stems.
All trees or shrubs planted on any park or other property
owned or controlled by the Town or on any street, highway or sidewalk
within the public right-of-way, including terrace trees and shrubs,
but excluding school sites.
A woody perennial plant with one main stem or trunk having
a diameter of at least two inches one foot above the ground and which
is capable of attaining a height in excess of 10 feet above the ground.
C.
Public street. No person shall plant any bush, shrub
or tree in any public easement, street, road, or highway or terrace.
D.
Trimming. The owner or occupant of any private property
shall keep all trees standing on such property so trimmed that no
bough or branch thereof shall hang lower than eight feet above the
surface of a public sidewalk or 15 feet above the surface of the street
or highway traveled by vehicles. Shrubs shall be trimmed so that they
do not overhang any street, highway or sidewalk. The owner or occupant
of any private property shall remove or cause to be removed any dead
tree or dead or broken bough or branch on a tree standing on such
private property and overhanging any public street, road, sidewalk
or highway.
E.
Damage to trees and shrubs on public property. No
person shall maliciously injure any trees growing on any public street,
road or highway or impede the free passage or water or air to such
trees. Similar provisions apply to trees and shrubs located on public
parks and other public property.
(1)
No person shall remove or cause to be removed any
tree or shrub from any public property.
(2)
The owner or occupant of any private property abutting
on any public property may himself maintain and protect any tree standing
on such public property at his or her own risk and where no objection
has been voiced by any Town Board Supervisor or the Chairman, provided
that in doing so there is compliance with the provisions of this section.
In addition to any penalty imposed for violation
of this chapter, if a property owner fails to comply with an order
issued by the Town Board or its designee in accordance with this chapter,
the Town Board or its designee may cause the work to be performed
and recover the costs thereof from the property owner.
[1]
Editor's Note: Added at time of adoption of
Code (see Code Adoption Ordinance).
