ORDINANCE
N0. 154
Control
of planting, trimming and removal of trees
1.
Trimming and Pruning of Trees
All trees growing along any public street, alley or highway whose foliage
extends over any sidewalk shall not hang lower than 8 feet. At intersections or
on heavily traveled highways where 8 foot foliage becomes a hazard to the safety
of motorist, the trees must be pruned high enough to eliminate the hazard. If a
hazard exists all members of the town board must agree unanimously, and a letter
will be mailed to the property owner by the town clerk treasurer informing the
owner of the hazardous condition and giving him 30 days to clear it, to the town
boards satisfaction. If not cleared within 30 days the town will do said work
and collect the cost thereof from the property owner by placing a lien on the
lot parcels of ground.
2.
Trimming of trees by utilities
The electric company and telephone company shall have the right to trim any
limbs on any shade trees along the streets, alleys, and highways that interfere
with the use of the wires of said electric company or telephone company, but, in
the trimming of any limbs of any tree in said town for said purpose, it shall be
done at the expense of said electrical company or telephone company, and in a
manner so that trees are not inured or their beauty marred.
3.
Duty of abutting property owners
The owners and occupants of property abutting on a public right-of-way shall be
required to keep the trees and shrubs, if any, growing in the area between the
actual paved street and their property line trimmed in such a way that they do
not constitute a hazard to the traveled portion or to abutting property owners.
All dead trees shall be removed at the expense of the property owners, whose
property is contingent to that portion of the right-of-way on which the trees
are located.
4.
Removal of dead trees
Dead trees shall be the property owners responsibility to remove. If property
owner fails to remove said tree within a reasonable amount of time (to be
determined by the town board) the town shall have the right to remove the tree
at the property owners expense. If the town has to remove the tree a lien will
be placed or. such lot parcels of ground.
5.
Permit required
Any person intending to trim a tree or trees within the corporate limits of the
Town of Odon, Indiana, which trees are so near to any utility transmission lines
of said town that damage could result thereto by the falling bodies or limbs of
such trees or parts thereof cut therefrom in the process of trimming, shall,
before proceeding with such trimming, notify 48 hours in advance such utility
company.
6.
Removal of trees for street or water improvement
Standing tries between the sidewalk and street may be removed at any time by the
Odon Town Board for street or water and sewage improvements. Tree removal
for these actions will
be funded from the project at no expense to the property owner. Actions
of this type will only be taken when it is deemed by all town board members to
be a direct asset to the street or utility.
7.
Planting of trees
Due to the increasing amount of motor vehicle traffic and the narrow streets to accommodate
the traffic, and provide general safety for all concerned, as of this date it
will be unlawful to plant any new trees between the sidewalk and any street or
alley.
8.
All ordinances and parts of ordinances concerning trees in the City of Odon,
Indiana are hereby cancelled, as of the date of adoption of this ordinance.
9.Any
person violating any part of this ordinance upon conviction thereof shall be
fined in any sum not to exceed $500.00.
10.
Adopted and approved by the Town Board of
Trustees of the Town of Odon, Indiana on
this 11th day of October 1983.
Fred McCallian, Member
Ed Ferguson, Member
Fay Sims, Member
Attest: May Kelsey, Clerk-Treasurer