The owners of real estate in this city abutting upon public streets and avenues, shall have such title to and property in growing trees situated in front of such real estate but within the boundary line of the streets or avenues and within the curb line, and also such title to and right of property in the parking and ornamental shrubbery planted and cultivated within the curb line of such streets and avenues, as to enable the owners, in case of injury to or destruction of such trees, shrubbery and parking to recover from the person, company or corporation causing said injury or destruction the full damages which the abutting property in front of which they are situated may sustain by reason thereof, notwithstanding the fee title to the land in streets and avenues may not be in the owner of such abutting property; and such abutting property owners shall also have the right of action in any court of competent jurisdiction to enjoin injury to or destruction of such trees, shrubbery and parking; provided, that nothing herein shall affect the regulations hereinafter set forth governing the manner of planting, cultivating, trimming, removing and protecting such trees, shrubbery and parking in the part of the street where they shall be so planted and cultivated.
(Code 2018)
Trees, when hereafter set in any street, shall be so placed as not to be repugnant to or out of harmony with others near and along the same or adjacent streets or avenues; provided, that none shall be set or planted within street intersections that might obstruct the view of users of the streets. There will be no mulberry trees planted or allowed to grow within the City of Bennington. There will be no cottonwood trees, except “hybrid cotton less”, planted or allowed to grow within the City of Bennington.
(Code 2018)
It shall be the duty of any person, firm or corporation owning wires, or other conductors of electricity, when said wires pass through or near trees within the streets, alleys or parks of the city, to remove, prune, trim or treat such tree or trees in a prudent manner or as designated by the city street commissioner, whenever such removal, pruning, trimming or treating shall become necessary.
(Code 2018)
Every owner or occupant of land or premises, adjacent to or abutting any street or sidewalk in the City of Bennington, shall keep the trees on his premises trimmed to a height of at least 10 feet over the sidewalks and driveways and 15 feet over streets and alleys, so that the branches shall not interfere with the traveling public. All hedges and shrubs thus located shall be trimmed in such manner that the limbs or boughs thereof shall not encroach upon or over such sidewalks or street and obstruct to free and convenient travel thereon.
(Ord. 317; Code 2018)
Upon failure of any person, firm or corporation to trim trees as hereinbefore stated, the city clerk may, upon direction of the city council, give notice by certified letter for said property owner or owners to trim their trees or shrubs, and upon failure to so do, the city may cause the same to be trimmed and the expense thereof shall be levied, certified, and collected in the same manner as in Article 1 of Chapter 8, applied to taxes. If it is determined by the city council that any diseased, dead or dying trees or shrubs within the City of Bennington are detrimental to the health and well-being of other vegetation or to the safety of persons or property, the owner or owners of such property shall be notified, and action taken as set forth in this article. In the case of trees, parts of the trees, or shrubbery falling onto street, alleys or sidewalks, same shall be removed by the owner, or upon his failure to do so, the city shall cause it to be removed and the expense thereof shall be assessed to the property as in the case of trimming or removing dead trees.
(Code 2018)
Whenever the governing body of Bennington shall deem it necessary and expedient, they may have any or all trees within the city sprayed; which work shall be done in a careful and prudent manner, and with such solution as they deem beneficial. The cost thereof shall be borne by the city at large and payable either out of the general fund or street fund. Provided, that nothing herein shall interfere with individual property owners from having their own trees sprayed at their expense.
(Code 2018)