[Adopted 5-9-1966 as portion of Ch. 21 of the 1966 Code]
A.
Overhanging branches. It shall be the duty of every
owner or occupant to keep the trees and shrubs in front of his premises
so trimmed as not to interfere with passersby on the sidewalk or roadway.
All overhanging limbs shall be at least eight feet above the center
of the sidewalk and 13 feet above the roadway.
B.
Shrubbery at intersections. It shall be the duty of
the owner or occupant of property located at street intersections
to keep all hedges, bushes, flowers or other growing plants so trimmed
as not to obscure the vision of motorists approaching the corner of
any intersecting street. A maximum height of three feet to the top
of such hedge, brush or growing plant from the level of the roadbed
of the contiguous street is permissible hereunder.
C.
Penalties. Any owner who has been notified by the Village Clerk that the trees or shrubs on his premises are in violation of either Subsection A or B hereof and shall fail to correct the condition within five days of the sending of such notice to his last known address by mail shall be in violation of this section, and in addition to the penalties otherwise enforceable, the Village may thereafter trim offending trees and hedges to correct the prohibited conditions and assess the cost thereof against the owners of the adjacent property. Such costs, if not paid, shall be assessable against the property as a tax thereon.
[Amended 12-18-1967]
No person shall plant any tree or shrub between
the curbline and the property line on any street or highway within
the Village without first having secured a permit therefor. Application
for such permit shall be made to the Village Clerk, setting forth
the location of the proposed planting and the approximate size and
variety of tree or shrub to be planted.
No such permit shall be issued unless the variety
of trees or shrubs and the planting of same meet the requirements
of this article, as established, to provide for the protection, safety
and general welfare of the Village.
[Amended 4-24-1967; 10-16-1967]
A.
The following trees shall meet the requirements of this article, and shall be deemed to conform to the conditions of § 180-41 above as to variety:
(1)
Sycamore: London plane and sycamore maple.
(2)
Maple: sugar maple.
(3)
Oak: red oak and pin oak.
(4)
Linden: American and European.
(5)
Locust: Moraine and Shademaster.
(6)
Ash: white ash.
(7)
Gingko.
(8)
Sweet gum.
(9)
Flowering dogwood.
[Added 10-22-1979 by L.L. No. 13-1979]
(10)
Kwazan cherry, Prunus serrulata varieties.
[Added 10-22-1979 by L.L. No. 13-1979]
(11)
Sourwood.
[Added 10-22-1979 by L.L. No. 13-1979]
(12)
Crab apple, Malus species.
[Added 10-22-1979 by L.L. No. 13-1979]
(13)
Bradford pear.
[Added 10-22-1979 by L.L. No. 13-1979]
(14)
Crimson King maple.
[Added 10-22-1979 by L.L. No. 13-1979]
B.
When planting curb trees, the choice of trees should
be determined in accordance with the variety of trees already present
on the street or block.
[Amended 4-24-1967]
The following planting restrictions shall meet the requirements of this article and shall be deemed to conform to the conditions of § 180-41 above as to planting:
A.
No hedges or shrubs shall be planted between the sidewalk
and curb.
Nothing herein contained regulating the planting of trees and shrubs shall be construed to require a permit for the trimming of trees, shrubs or hedges to meet the provisions of § 180-39.
A.
No person shall remove or cut down any tree or shrub
in any street, park or other public place within the Village without
first having secured a permit therefor. For purposes of this article,
removal of a tree or shrub includes the removal of its stump. Application
for such permits for the removal of trees or shrubs shall be made
to the Village Clerk.
[Amended 6-25-1984 by L.L. No. 5-1984]
B.
Insurance. Each application shall be accompanied by
a certificate of insurance, in form approved by the Village Clerk
and issued by an insurance company authorized to do business in this
state, running to the Village and guaranteeing that the applicant
has provided public liability coverage of not less than $500,000 for
personal injury and property damage insurance in the amount of not
less than $250,000, or $1,000,000 combined limit, to save the Village
harmless from all claims, actions and proceedings brought by any person
for injury to person or property resulting from or occasioned by any
fault or default by the person to whom the permit is issued or anyone
acting thereunder on his behalf, and Workman's Compensation Insurance.
[Added 6-9-1975 by L.L. No. 5-1975;
amended 1-17-1983 by L.L. No. 2-1983]
Wherever a permit to remove or cut down a tree
or shrub has been granted, it shall be the responsibility of the property
owner to have the same replaced in accordance with the provisions
of this article regarding the planting of trees or shrubs.
It shall be unlawful to attach any wire or rope
to any tree or shrub in any park, street or other public place within
the Village without first having secured a permit therefor from the
Village Clerk.
It shall be unlawful to injure any tree or shrub
planted or growing in any public place.
It shall be unlawful to attach any sign, advertisement
or notice to any tree or shrub in any public place.
[Amended 4-12-1971; 6-25-1984 by L.L. No. 5-1984]
A.
It shall be the duty of every owner or occupant of
land to trim or remove any tree, including its stump, or any limb
or branch of a tree situated on said land or in front thereof which
is likely to fall on or across any public way or place in the Village.
B.
For failure, upon notice by the Village Clerk of not
less than 48 hours, to trim or remove any tree, including its stump,
or any branch or limb of a tree as specified as to place and manner,
the Board of Trustees may cause the same to be done and assess the
expense therefor upon the adjoining land.
Any violation of the provisions of this article
shall render each offender liable to a fine of not less than $10 nor
more than $100 or to be prosecuted as and declared a disorderly person,
or both, for each offense. In addition, the Village reserves the right
to seize, remove or otherwise dispose of any planting in violation
thereof.
