[HISTORY: Adopted by the Mayor and Council of the Town of Myersville 6-14-2005.
Amendments noted where applicable.]
As used in this chapter, the following terms are defined in this section:
A perennial, woody plant or plants of relatively low height having
several stems arising from the base and lacking a single trunk.
A perennial woody plant having a single self-supporting trunk generally
with a few or no branches on its lower part.
It is unlawful for any person to plant or set a tree or shrubbery within
that area of land situated between a sidewalk and a curb along or adjacent
to any Town public right-of-way, road or street if the distance between the
street-side edge of the sidewalk and the sidewalk-side edge of the curb is
less than six feet. With the written consent and approval of the Mayor and
Council, low-growing shrubs may be planted on the area of land between the
curb and sidewalk.
It is unlawful for the owner, tenant or occupant of any property to
permit the limbs or foliage of any tree or shrub on his or her property to
extend over any sidewalk of the Town at a height less than eight feet from
the ground or over any road, street or alley at a height less than 15 feet
from the ground.
It is unlawful for any owner, tenant or occupant of property to permit
a tree or shrub on that property to obstruct the free flow of pedestrian or
vehicular traffic, or to constitute a safety hazard by obstructing the visibility
of such traffic or to otherwise constitute a safety hazard. The Town may give
notice of any such violation to the owner, tenant or occupant of the property
on which the tree or shrub is located and may order that person to trim or
remove the tree or shrub. Notice may be given by certified mail, personal
delivery or by posting the notice at a conspicuous location on the property.
If, within 30 days of the date the notice is served or posted or within some
other reasonable time as indicated in the notice, the owner fails to abate
the condition, or fails to request an opportunity to address the Mayor and
Council on the issue, then the condition may be abated by the Town at the
expense of the owner of the property as shown on the tax assessment records,
and such expense shall constitute a lien against the property and may be collected
as taxes.
No person shall cut, destroy or injure any tree or shrubbery on any of the streets, roads, alleys, sidewalks, rights-of-way, parks or other public places of the Town or on private property without the consent of the owner thereof, except as noted in § 139-4 above.
Any violation of the provisions of this chapter shall constitute a municipal
infraction enforceable in accordance with Article 23A, Section 3 of the Annotated
Code of Maryland and punishable by a fine not to exceed $1,000 for each offense.
Each day that an offense continues shall be deemed a separate offense.
