§ 24-85. Trimming and removal.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means the City of Tupelo, Mississippi, or, when appropriate to the context, its duly authorized representative.

City property means all buildings, overhead utilities, underground utilities, streets, sidewalks, alleys and all other property belonging to the City of Tupelo.

Danger tree means a tree which endangers city property or which endangers the general public.

Director means the Public Works Director of the City of Tupelo, or his authorized deputy, agent or representative.

Manager means the Manager of Utilities (Electric, Water and Sanitary Sewer) of the City of Tupelo, or his authorized deputy, agent, or representative.

Person means any individual, firm, company, society, association, corporation or group.

Primary electric lines means any electrical distribution line with voltage exceeding two thousand four hundred (2,400) volts.

Private property means property owned by any individual, firm, company, society, association, corporation or group.

Public property means property owned by the City of Tupelo or property which is controlled by any public authority.

Regular working hours shall be defined as Monday—Friday, 8:00 a.m.—5:00 p.m.

Secondary electric lines mean any electrical distribution line with voltage below six hundred (600) volts.

Shall is mandatory; may is permissive.

Trim means the clearance of all limbs and/or branches within ten (10) lateral feet of the vertical airspace on either side of any energized circuit.

(b)

Public property.

(1)

Any tree on public property or located adjacent to public property with its extremities protruding onto public property may be trimmed by work forces of the city if, in the opinion of the manager or director, a danger to city property or a hazard or nuisance to the general public exists.

(2)

Any tree located on public property may be removed by work forces of the city if, in the opinion of the manager or director, a danger to city property or a hazard or nuisance to the general public exists.

(3)

Stumps of trees located on public property may be removed if in the opinion of the manager or director a danger to city property or a hazard or nuisance to the general public exists.

(c)

Private property.

(1)

Any tree located on private property shall be trimmed or removed by the city if, in the opinion of the manager, a danger to high voltage primary electric lines exists and city equipment can remain on city right-of-way. The city shall notify the owner of the tree prior to trimming or removal whenever possible and/or practical or within a reasonable time thereafter.

(2)

No tree located on private property which is involved with secondary electric (service) lines shall be trimmed or removed by the city; excluding situations where the trimming or removal of trees located on private property from secondary electric (service) lines is necessary, in the opinion of the Manager, for the continuation of uninterrupted electricity or the restoral of electricity to one (1) or more electric customers of the city.

(3)

The city shall not be liable for damages to private property caused during the trimming or removal of trees from secondary electric lines in the restoration of electric service.

(4)

The city may, at the request of any person and with a 24-hour notice, go onto private property and disconnect power lines for trimming or removal of trees by a private contractor hired by the property owner. No fee shall be charged by the city for this service during regular working hours; however, a fee shall be charged for this service if disconnection or reconnection of power lines occurs at a time other than regular working hours. This fee shall be set forth by the manager.

(5)

Limbs and trees on private property which have fallen or have been cut by city employees to restore power as a result of windstorm, rain, flood, lightning, fire, accumulations of ice, natural disaster or other acts of God, or as a result of vandalism, neglect or accident shall not be removed by the City unless such limbs or trees present a danger or hazard to city property in the opinion of the manager or director.

(6)

Tree stumps on private property shall not be removed by the city.

(7)

The manager or director may require a person owning private property on which a tree is located to sign an agreement indemnifying and holding the city harmless against all claims arising from the trimming or removal by the city as a condition precedent to such trimming or removal.

(Ord. of 11-5-85, Art. I, §§ 1, 3—7, 9—11, Arts. II, III; Ord. of 6-15-99(3), § 1)