§ 22-31. Trees and other plants near streets, sidewalks.

(a)

It shall be unlawful for any tree, shrub, vine, palm or plant of any description or kind to be grown, maintained or cultivated so that any portion of such plant overhangs or intrudes upon or over any sidewalk, unless there is a full nine-foot clearance between the surface of all portions of such sidewalk and the overhanging plant.

(b)

It shall be unlawful for any tree, shrub, vine, palm or plant of any description or kind to be grown, maintained or cultivated so that any portion of such plant overhangs or intrudes upon or over any street or highway in the city unless there is a full twelve-foot clearance between the surface of all portions of such street or highway and the overhanging plant.

(c)

It shall be unlawful for any tree, shrub, vine, palm, hedge or plant of any description or kind to be planted, cultivated, grown or permitted to be planted, cultivated or grown between the sidewalk and the curb or ditch line on any street or highway at a lesser distance than seven and one-half (7½) feet from any fire plug in the city; however, all shade trees on October 9, 1940 growing between the sidewalk and the curb on any public street or highway in the city less than seven and one-half (7½) feet from any such fire plugs shall not be affected by the terms of this subsection.

(d)

It shall be unlawful for any tree, shrub, vine, palm or plant of any description or kind to be planted, maintained or cultivated between the sidewalk and the curb on any public street or highway in the city at a lesser distance than twenty (20) feet from the corner of any block on any public street or highway, such measurement to be computed at the point of intersection of two (2) lines extended parallel with the curbline of the streets or avenues intersecting and causing such corners.

(e)

It shall be unlawful for any person to allow any tree or plant of any description or kind to penetrate over, on or under the surface of any public highway or other public place in such a manner as to be injurious to or render unsafe or hazardous any sewers, electric transmission lines or other public improvements.

(f)

It shall be unlawful for any tree, shrub, vine, palm, or plant of any description or kind more than three (3) feet in height to be grown, maintained or cultivated in such a manner as to prevent a clear, unobstructed view of approaching traffic for the driver of a vehicle within fifteen (15) feet from the driveway's street line.

(g)

Any person violating the provisions of this section shall be guilty of a misdemeanor.

(h)

The planting, growing, cultivation or maintenance of any tree, shrub, vine, palm, or other plant, in any of the manners herein prohibited is hereby declared to be a nuisance.

(i)

In the event of the violation of the provisions of this section, the parish government, its agents or employees, after ten (10) days' written notice, may enter upon any private grounds in the city and treat, trim, cut and remove any tree, shrub, vine, palm or similar plant or any portion grown, cultivated or maintained in violation of the provisions hereof, the cost of which shall be levied upon the property on which such tree or plant is grown, cultivated and maintained. Such levy shall, when filed for record in the office of the clerk of court, become and be a lien upon such property, the collection of which shall be effected in the same manner as is now provided for the collection of other taxes against such property.

(City Code 1965, § 20-7; Ord. No. 6741, § I, 3-26-03)

State law reference

Cutting trees without consent of owner or legal possessor, R.S. 3:4278.1; obstructing public passages, R.S. 14:100.1; special improvements to streets, sidewalks and neutral grounds, R.S. 33:3451 et seq.; parish regulation of the height, thickness, and location of hedges, R.S. 33:4875.

Cross reference

Fire protection and prevention, Ch. 8.