§ 153.08. PUBLIC TREE CARE.

(A) The town shall have the right to plant, prune, maintain, 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 public safety or to preserve or enhance the symmetry and beauty of public grounds.

(B) The town may remove or cause, or order to be removed, any tree or part thereof which is in unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said tress is in accordance with §§ 153.03 through 153.07 and with a permit (no fee) obtained verifying approval from the town as to species and location of the tree.

(C) Property owners wishing to do maintenance or removal work at their own expense on town trees adjacent to their property must obtain a permit (no fee) from the town which would verify that the work is being done by licensed and bonded tree experts and that removal is being done for legitimate reasons.

(D) It will be unacceptable procedure for the town or any person or firm to top a town tree or park tree. Trees under utility lines or in areas that would necessitate the topping of a tree would be removed and a new tree appropriate to the site planted, lopping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree.

(Prior Code, § 6-61) (Ord. 1998-4, passed 4-28-1998) Penalty, see § 10.99