§ 17-102. Public nuisance on public streets.

(a)

Trees, plants, shrubs or vegetation which so overhang any sidewalk or public street, or which are growing thereon, (or adjacent thereto), in such a manner as to obstruct or impair the free and full use of the sidewalk or public street by the public, either directly or by obstructing traffic vision, are hereby declared to be public nuisances.

(b)

It shall be the duty of the owner of the property wherein or whereupon any such nuisances exist to abate the nuisance by destroying or removing or trimming the growth. Trees on private property whose roots may damage sidewalks, curbs, or public streets, by causing them to buckle or break or whose roots may enter into public sewers or water mains shall also be public nuisances and may be trimmed or removed as deemed necessary by the town manager.

(c)

(1)
Where the roots of a public street or shrub constitute a nuisance to private property, the affected property owner may prune or cut the offending roots at his property line, provided the action will not create an unsafe condition. A permit for such cutting or pruning shall first be obtained from the town manager.

(2)

Where the growth and limbs of public trees constitute a hazard to private property, the town, upon notice, shall correct the condition.

(Ord. of 5-13-70, § 7; Ord. No. O-81-39, 5-26-81)