Chapter 12.40 — VEGETATION

No tree, hedge, shrub, fence, trellis, or similar structure shall be planted, or erected in a right-of-way or watercourse without a permit.

(Ord. 469 § 45 (part), 1967)

No tree, hedge, shrub or other planting whatever, fence, trellis or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(Ord. 469 § 45(a), 1967)

The permittee, or the owner of the adjacent property, shall maintain the trees, hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this title, the director may order the permittee or property owner to remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.

(Ord. 469 § 45(b), 1967)

Notwithstanding anything contained in this chapter to the contrary, any person may plant and maintain a lawn or ground cover of any grass, or type not prohibited by other law, within the right-of-way of a public street without a written permit. However, the lawn or ground cover shall not extend into the traveled way of

the public street nor into the drainage ditches, gutters or other drainage facilities, nor impede pedestrian travel. The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The town may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this title. If the lawn is damaged or disturbed in the course of an authorized encroachment, it will be removed and replaced by the permittee unless the permit specifically states otherwise.

(Ord. 469 § 45(c), 1967)

Town council has adopted by resolution lists of trees which are recommended for street tree planting, trees which are not recommended for street tree planting, and trees which are susceptible to disease. These lists are available at the department of public works.

(Ord. 469 § 45(d), 1967)

For the purpose of this title, the term "parkway" includes any sidewalk, driveway, curbing, bulkhead, retaining wall, paving, masonry work, or planting existing in the area between the property line and roadway curbline of any public street. Permission to install any of the above parkway improvements may be granted by the director upon application for the necessary permit. The property owner shall be responsible for all maintenance and repairs, including damage caused by tree roots, needed to keep sidewalks and other parkway improvements in a safe condition.

(Ord. 469 § 46, 1967)

No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over adjacent street, sidewalk or driveway area.

(Ord. 469 § 47, 1967)