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DIVISION 1. - GENERALLY#
Secs. 18-244—18-264. - Reserved.#
DIVISION 2. - USE AND RESTRICTIONS#
Sec. 18-265. - Unlawful use.#
Unless authorized by permit or other written authorization issued by the town or unless authority is granted by provisions of this Code or other ordinance of the town now or hereafter enacted, it shall be a Class B misdemeanor for any person to: (1)
Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by the town any utility, canal, ditch, construction or building;
(2)
Enter upon any property of the town contrary to posting or marking restricting or prohibiting use of the area; or
(3)
Intentionally use or perform acts upon property of the town which materially impairs, alters, or damages the property.
(Code 1981, § 8-111)
Sec. 18-266. - Repair or restoration.#
The town council, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of the town to repair or restore the property to its original condition prior to the damage, alteration or change.
(Code 1981, § 8-112)
Sec. 18-267. - Franchise.#
(a)
The town council may grant to any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating and maintaining any business or for other use of the property of the town, and the provisions of sections 18-265 and 18-266 shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.
(b)
Any franchise or easement granted by the town shall be in writing and any franchise or easement not in writing shall be void.
(Code 1981, § 8-113)
Sec. 18-268. - Acts exempted.#
It shall not be a violation of this article where any person uses the public property of the town in the manner or for the purposes for which such property has been made available for public use.
(Code 1981, § 8-114)
Secs. 18-269—18-299. - Reserved.#
DIVISION 3. - TREES#
Sec. 18-300. - Purpose and intent.#
(a)
Purpose. The town recognizes and attributes substantial economic, environmental and aesthetic value to the trees and other plantings within the community. It is in the best interests of the citizens and public that a plan be developed to standardize the planting and maintenance of trees within easements, in rights-of-way and all other public places within the town.
(b)
Intent. It is the intent of the town council that the terms of this article shall be construed as to promote:
(1)
The planning, planting, maintenance, restoration, protection and survival of desirable trees within the town; and
(2)
The protection of community residents from personal injury and property damage, and the protection of the town from property damage caused or threatened by the improper planting, maintenance, or removal of trees located in and upon public areas and rights-of-way within the town.
(Ord. No. 10-2-14, § 13H-100, 10-2-2014)
Sec. 18-301. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Other plants or plantings means any shrubs, grass or ground cover planted within street rights-of-way or easements or in proximity thereto.
Park tree means any trees or other woody vegetation in public parks having individual names, and all areas owned by the town, or areas to which the public has free access as a park.
Parks and recreation director means the person responsible for maintenance of street trees, or a designee.
Responsible developer means a developer who has chosen to install street trees in a residential, commercial, industrial or multifamily development.
Street tree means any tree planted within the town right-of-way on either side of all streets, lanes, trails or ways within the town.
Top or topping means 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.
Tree trimming means the removal of plant parts to control growth and enhance performance or function in the landscape by developing and preserving tree structure and health. The removal of water sprouts, sucker growth, and hanging limbs is not considered tree trimming according to the provisions of this division.
(Ord. No. 10-2-14, § 13H-101, 10-2-2014)
Sec. 18-302. - Beautification committee.#
(a)
Designation. A beautification committee shall be designated by the mayor, in consultation with town staff and the parks and recreation director, or a designee. The committee shall consist of members of the community interested in promoting the benefit, growth and health of the urban forest. Committee members should include, but not be limited to, persons with expertise in the field of urban forestry, parks and recreation committee members, and town staff such as the town planning office, department of public works and the department of parks and recreation or any other appropriate town personnel.
(b)
Recommendation. The beautification committee, when requested by the parks and recreation director, or a designee, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
(c)
Service without pay. All members of the beautification committee shall serve without pay.
(Ord. No. 10-2-14, § 13H-102, 10-2-2014)
Sec. 18-303. - Administration.#
(a)
Authority. The parks and recreation director or a designee shall be responsible for administering and enforcing this division. He or she shall:
(1)
Have supervision of all trees planted or growing in public rights-of-way or town-owned places within the town;
(2)
Supervise the planting, trimming, spraying, preservation and removal of street trees and other plants in public streets, in town cemeteries and in town parks to promote safety, protect town utilities and preserve the beauty of such public places;
(3)
Supervise the maintenance of street trees, park trees and other plants or plantings consistent with the language of this division (see section 18-304); and
(4)
Review all development applications for proper design and planting of street trees, park trees and other plants or plantings in the new development.
(b)
Public awareness. The parks and recreation director, or a designee, shall make copies of this division and the street tree manual available to any interested persons, through the town office.
(Ord. No. 10-2-14, § 13H-103, 10-2-2014)
Sec. 18-304. - Street tree maintenance and care by the town.#
(a)
Care and maintenance. The beautification committee, under the direction of the parks and recreation director or a designee, shall initiate and administer a program to encourage the planting, maintenance, care, removal and replacement of street trees, consistent with resources available.
(b)
Standards. All trees located within town streets, parks, rights-of-way, landscape borders, or on town-maintained property shall be maintained according to standards set by the town's street tree manual.
(c)
Town tree planting and maintenance. The town shall have the right to plant, prune, maintain and remove street trees located within the public rights-of-way.
(d)
Tree replacement. The town may replace street trees or other plantings which have died or been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources.
(e)
Town authority. The town may condemn and remove or order to be removed any tree, tree stump, shrub, or plant upon any of the publicly owned property within the town where the same is dead, diseased or for any reason whatsoever deemed undesirable or unsafe by the parks and recreation director or a designee.
(Ord. No. 10-2-14, § 13H-104, 10-2-2014)
Sec. 18-305. - Street tree maintenance and care by citizens.#
(a)
Planting. Any person, firm, partnership, corporation or organization of any kind must obtain written approval from the parks and recreation director or a designee prior to planting a tree in any public right-of-way. Said approval shall specify with a drawing/plan the location and variety of trees to be planted.
(b)
Trimming. Any person, firm, partnership, corporation or organization of any kind must obtain approval from the parks and recreation director or a designee prior to trimming any designated street tree. Approval is not required for removing sucker growth, water sprouts, minor limbs causing obstructions, or for removal of less than ten percent of the tree canopy.
(c)
Adjacent property owners to maintain trees on their property. Trees and other plantings on adjacent property shall not inappropriately overhang or encroach upon sidewalks, streets, public rights-of-way or other designated pedestrian ways, nor obstruct the view of traffic signs or any street intersection. Trees and other plantings that project over any street or access road that may be used for emergency purposes shall be trimmed to a safe height and shape. Adjacent property owners shall be encouraged to remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to public safety, at their expense, or prune to eliminate encroachment on sidewalks and streets.
(d)
Removing stumps. Any tree that shall be removed from any of the public streets or places within the town shall be removed below the surface of the ground so that the top of the stump shall not project above the level of the ground, unless permission to leave a projecting stump is granted by the parks and recreation director or a designee.
(Ord. No. 10-2-14, § 13H-105, 10-2-2014)