City of
WAYNE,
NEBRASKA
__________
*Cross references: Buildings
and Building Regulations, ch. 18; Environment, ch. 34; Noxious Weeds, § 34-61
et seq.; Injury to Trees, § 58-93; Disposal of Grass, Leaves and Burnable Wood,
§ 66-11; Streets, Sidewalks and Other Public Places, ch. 70; Weeds in Public Places,
§ 70-6; Subdivisions, ch. 74; Zoning, ch. 90.
State law references: Authority
to provide for the planting and protection of shade, ornamental and useful
trees, R.R.S. 1943, § 16-248.
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Article I. In General
Secs. 86-1--86-30. Reserved.
Article II. Trees
Sec. 86-31. Purpose.
Sec. 86-32. Definitions.
Sec. 86-33. Permit required.
Sec. 86-34. Spacing.
Sec. 86-35. Tree requirements.
Sec. 86-36. Supports.
Sec. 86-37. Removal.
Sec. 86-38. Property owner removal.
Sec. 86-39. Required trimming.
Sec. 86-40. Variances.
Sec. 86-41. Acts declared nuisances; notice; abatement.
Sec. 86-42. Acts declared unlawful.
Sec. 86-43. Enforcement.
Sec. 86-44. Penalties.
Secs. 86-1--86-30. Reserved. (return to ch. 86)
The purpose of this article is to beautify and preserve the
appearance of the city, to require trees to be uniformly located and maintained
to prevent interference with underground and aboveground utilities or traffic,
and to cause the removal of dead, diseased or damaged trees which constitute a
hazard to life and property or a potential threat to other trees. The primary
responsibility for maintaining the street trees is placed upon the abutting
property owner or agent.
(Code 1974, § 8-601; Ord. No. 99-10, § 1, 9-28-1999)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Property owner includes persons owning
private property in the city as shown by the records of the office of the
county clerk.
Public property means and includes any
and all property located within the city limits owned by the city or held in
the name of the city by any of the departments, commissions or agencies within
the city government.
Right-of-way means as defined in
section 70-1.
Street means as defined in section 70-1.
Terrace means that part of the street or avenue
or highway in the city not covered by sidewalk and lying between the lot line
and the curbline, or, on unpaved streets, that part of the street, avenue, or
highway lying in the lot line and that portion of the street usually traveled
by vehicular traffic.
(Code 1974, § 8-602; Ord. No. 99-10, § 2, 9-28-1999)
Cross references: Definitions
generally, § 1-2.
All new trees to be planted on city terraces or public property
shall be planted only after the required person obtains a permit from the city.
However, no permit shall be required of any city employee doing such work in
the pursuit of public service endeavors.
(Code 1974, § 8-603; Ord. No. 99-10, § 3, 9-28-1999)
All trees planted in any right-of-way or street shall be planted,
wherever possible, a distance of at least four feet from the back of the curb
of any street and no less than four feet from the sidewalk or where the
sidewalk would normally be located. The distance between the trees and the
location within the right-of-way will be established when applying for a
permit. Trees shall not be planted closer than 20 feet to street intersections
(property lines extended).
(Code 1974, § 8-604; Ord. No. 99-10, § 4, 9-28-1999)
Unless otherwise allowed for substantial reasons, all standard
size trees shall have comparatively straight trunks, well-developed leaders,
and top and root characteristics of the species or variety showing evidence of
proper nursery pruning. All trees must be free of insects, disease, mechanical
injuries and other objectionable features at the time of planting. To
compensate for any serious loss of roots, the top of the tree should be reduced
by thinning or cutting back as determined by the growth characteristics of the
tree species.
(Code 1974, § 8-605)
Trees may be guyed or supported in an upright position according
to accepted arboricultural practices. The guys or support shall be fastened in
such a way that they will not girdle or cause serious injury to the trees or
endanger public safety. Any guys or supports shall be removed after one year
from the date of planting.
(Code 1974, § 8-606; Ord. No. 99-10, § 5, 9-28-1999)
The public works superintendent shall remove any tree on the
right-of-way or streets within the city which interferes with the making of
improvements or with travel.
(Code 1974, § 8-607; Ord. No. 99-10, § 6, 9-28-1999)
Whenever the limbs or branches of any tree extend over sidewalks
or streets contrary to the provisions of this Code so as to interfere with the
convenience of the public using the sidewalks or streets, or whenever trees
have become diseased or damaged or whenever such trees constitute a danger to
the public or have been declared a nuisance, the public works superintendent
shall serve written notice to abate such nuisance upon the abutting owner,
ordering the removal and abatement thereof as provided in section 86-43.
(Code 1974, § 8-608; Ord. No. 99-10, § 7, 9-28-1999)
The owner or agent of the abutting property shall keep the trees
on or overhanging the street trimmed so that all branches shall be at least 12
feet above the surface of the street and seven feet above the sidewalks;
however, the city reserves the right to trim and maintain a tree maintenance
program.
(Code 1974, § 8-609)
The council reserves the right to grant variances from the literal
provisions of this article in instances where strict enforcement of this
article would cause undue hardship due to the circumstances unique to the
individual property under consideration.
(Code 1974, § 8-610)
Sec.
86-41. Acts declared nuisances; notice;
abatement. (return to ch. 86)
It is declared a nuisance for any person who is required to
maintain trees on any property to allow or permit to stand upon the property
any dead tree or dead part of a tree, a stump, or any diseased or damaged tree
or any diseased or damaged part of a tree or any healthy tree, or to allow
branches below 12 feet above the surface of the street and below seven feet
above the sidewalk when such trees constitute a hazard to life and property or
constitute a potential threat to other trees within the city. Any such tree or
part of a tree on public or private property, meeting the criteria stated in
this section, may be declared to be a nuisance by the public works
superintendent.
(Ord. No. 99-10, § 9, 9-28-1999)
It is hereby declared unlawful:
(1) To permit any street, bush
or shrub or any portion thereof or any debris resulting from its removal to
remain upon or in any street, alley, or other public property later than one
hour before sunset without placing sufficient lighted barricades to properly
warn all users of such street, alley, or other public property.
(2) To leave, allow to remain
or abandon a felled tree or any portion thereof or any cut shrub or bush or any
portion thereof upon, across, or in any street, alley, or other public
thoroughfare or any public or private property of others. All such
obstructions, together with all debris resulting from such cutting, shall
forthwith be removed and the premises made broom-clean of all rubbish resulting
from such operation without delay or interruption.
(3) As a normal practice, for
any person, or firm, to top any tree on public property. Topping 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. Any tree which has been topped will be considered a
nuisance. Trees severely damaged by storms or other causes or certain trees
under utility wires or other obstructions where other pruning practices are
impractical may be exempted from this subsection at the determination of the
public works superintendent.
(4) To plant a tree or shrub
closer than ten feet to any fire hydrant.
(5) To plant a tree other
than a small species of tree having a mature height of 15 feet or less within
20 lateral feet of any overhead utility wire, or above or within five lateral
feet of any underground water line, seer line, transmission line, or other
utility.
(6) For any person required
to maintain trees or shrubs on property pursuant to this article to allow any
limbs, branches, or foliage to interfere with the necessary visibility of any
traffic control device. The city may without prior notice remove or trim any
limbs, branches, or foliage interfering with the visibility of a traffic
control device.
(7) To plant evergreen trees
on the terrace.
(8) To plant trees within 20
feet of a stop sign or 15 feet from a street light.
(9) To plant trees on the
terrace where the space is eight feet or less. Exceptions may be made in
business districts.
(10) To plant or maintain shrubs
or other vegetation having a height of 30 inches or more within one foot of a
public sidewalk or the back of the curb of any street.
(Ord. No. 99-10, § 10, 9-28-1999)
(a) The proper
execution and enforcement of the provisions of this article are made the duty
of the public works superintendent. To that end the public works superintendent
may enter upon public or private property at all reasonable hours for purposes
of inspecting trees thereon. It shall be unlawful for any person to prevent the
public works superintendent from entering on public or private property for
purposes of carrying out the duties under this article, or to interfere with
the public works superintendent in the lawful performance of the duties under
the provisions of this article.
(b) The public works
superintendent shall notify the person required to maintain property pursuant
to this article of any nuisance as described in this article. The notice shall
require the owner to abate such nuisance within 30 days from the date thereof.
(c) The public works
superintendent shall have the power and is authorized and instructed, after the
expiration of 30 days from the date of notice sent by certified mail or personal
service, to determine if compliance to abate a nuisance has been attained. If
compliance has not been made, the city shall abate such nuisance by causing
such trees to shrubs which are deemed to be a nuisance under this article to be
removed or pruned at the expense of the owner of the land whereon the trees and
shrubs stand or the terrace abutting thereto. If the owner fails to reimburse
the city after being billed, the cost of such abatement together with a $30.00
administrative fee shall be levied, equalized, and assessed as are other
special assessments.
(d) The public works
superintendent may order any person required to maintain property pursuant to
this article to perform such maintenance as is required to abate interference
with any public utility from any tree or shrub that is located on such property
or the terrace, alley, or dedicated right-of-way.
(e) In the case of a
community disaster or emergency as declared by the council, the city may aid
the property owner in the removal, trimming, and/or cleanup of trees and shrubs
within the section of the street so abutting dedicated as a right-of-way.
(Code 1974, § 8-611; Ord. No. 99-10, § 8, 9-28-1999)
Violations of any provisions of this article are subject to
section 1-9. Each day that a violation continues shall constitute a separate
and distinct offense and shall be punishable as such.
(Ord. No. 99-10, § 11, 9-28-1999)
