[HISTORY: Adopted by the Mayor and Council of the Town of
Galena 12-3-1990 by Ord. No. 90-2 (Ch. VI, Art. 3, of the 1990 Code
of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any tree over 45 feet in height.
Any tree 20 feet to 45 feet in height.
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the Town or to
which the public has free access as a park.[1]
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Town.
Any tree up to 20 feet in height.
The severe cutting back of tree limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree
so as to remove the normal canopy and disfigure the tree.
The spacing of street trees will be in accordance with the three
species' size classes, and, except in special plantings designed
or approved by a landscape architect, no trees may be planted closer
together than the following:
The distance trees may be planted from curbs or curblines and
sidewalks will be in accordance with the three species' size
classes, and, except in special plantings designed or approved by
a landscape architect, no trees may be planted closer to any curb
or sidewalk than the following:
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 such public grounds.
B.
The Town Tree Committee may remove or cause or order to be removed
any tree, or part thereof, which is in an unsafe condition or which
by reason of its nature is injurious to sewers, electric power lines,
gas lines, waterlines 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
if prior approval has been obtained from the Town Tree Committee.
A.
It shall be unlawful as a normal practice for any person, firm or
Town department to top any street tree, park tree or other tree on
public property.
B.
Trees severely damaged by storms or other causes or certain trees
under utility wires or other obstructions for which other pruning
practices are impractical may be exempted from this prohibition at
the discretion of the Town Tree Committee.
A.
Every owner of any tree overhanging any street or right-of-way within
the Town shall prune the branches so that such branches shall not
obstruct the light from any street lamp or obstruct the view of any
street intersection and so that there shall be a clear space of at
least eight feet above the surface of the street or sidewalk. Said
owners shall remove all dead, diseased or dangerous trees or broken
or decayed limbs which constitute a menace to the safety of the public
as determined by the Town Tree Committee.
B.
The Town shall have the right to prune any tree or shrub on private
property, following a notice of intent to the property owner in writing,
when it interferes with the proper spread of light along the street
from a streetlight or interferes with the visibility of any traffic
control device or sign.
A.
The Town shall have the right to cause the removal of any dead or
diseased trees on private property within the Town when such trees
constitute a hazard to life and property or harbor insects or disease
which constitutes a potential threat of other trees within the Town.
B.
The Town Tree Committee will notify, in writing, the owners of such
trees. Removal shall be done by said owners at their own expense within
60 days after the date of service of notice. In the event of the failure
of owners to comply with such provisions, the Town shall have the
authority to remove such trees and charge the cost of removal on the
owners' property tax notice.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Town Tree Committee or any of its agents while engaging in
and about the planting, cultivating, mulching, pruning, spraying or
removing, as authorized by this chapter, of any street trees, park
trees or trees on private grounds.
Any person violating any provision of this chapter shall be
guilty of a municipal infraction and, upon conviction thereof, shall
be subject to a fine not to exceed $50.
