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 Siloam Springs
 Code of Ordinances
 Chapter 98. UTILITIES
 Article II. ELECTRIC
 Division 1. GENERALLY

§ 98-41. Trees and shrubs; obstruction by.  

Latest version.

  • (a)

    Height. It shall be unlawful for any person to plant any tree or shrub that will grow over 15 feet in the adult stage directly underneath or within 12 feet of any pole or wire used by any public utility. For the purposes of this section, the distance of 12 feet shall be measured by the drawing of an imaginary line from the wire to the ground so that the imaginary line is perpendicular to the ground; thence going 12 feet in either direction at a 90-degree angle from where the imaginary line from the wire strikes the ground.

    (b)

    Existing structure. Any existing tree or shrub which overhangs, or which branches, limbs or twigs are within five feet of a pole or wire used by or belonging to a public utility in existence on the effective date of the ordinance from which this section is derived, shall be trimmed by the owner of the premises abutting or of the premises on which such tree or shrub grows so that the obstruction shall cease. The tree or shrub shall not in any manner whatsoever impede or interfere with such poles or wires, and no injury shall be done either to the poles or wires or to the shrubs or trees by their contact.

    (c)

    Right of city to correct. If the owner of the premises abutting or the premises on which such tree or shrub grows falls or refuses to trim such tree or shrub back to a distance of five feet from such pole or wire, then the city, or its agents or employees, shall trim the branches, limbs or twigs of the tree or shrub back to a distance where the nearest limb, branch or twig of such tree or shrub is no closer than five feet to the poles or wires.

    (d)

    Penalty for violation of section. If any person plants any tree or shrub under or within 12 feet of poles or wires belonging to any public utility, which tree or shrub will grow over 15 feet high in the adult stage, that person shall be deemed in violation of the provisions of this section and, upon conviction, shall be subject to section 1-7 of this Code.

(Code 1978, §§ 7.44.01—7.44.04; Ord. No. 18-06, § 3, 4-17-2018)