§ 35.5-65. Miscellaneous provisions.

(a)

The provisions of section 37-18 of this Code shall not be deemed to prohibit any of the acts therein prohibited if said act is committed by person acting under the express authorization of a franchise ordinance or similar express right properly granted by the parish.

(b)

No person who lacks a valid franchise or similar right granted by the parish but who is engaged in the use of the public rights-of-way as defined in Article II of this chapter, for other that a generally permitted purpose, as defined in said Article II, shall do any of the following things in, on, over, or under said public rights-of-way, unless and until an ordinance of the parish council becomes effective, which expressly authorizes said person to do or cause to be done one (1) or more of the following: cut, prune, break, climb, injure or remove any living tree or plant or cut or disturb or interfere in any way with the roots of any tree or plant spray with any chemicals, herbicides, insecticides or other oils or whitewash any tree or plant or place any wire, rope, sign, poster, barricade, or other fixture on a tree or plant or tree guard, or injure, misuse or remove any device placed to protect such tree or plant.

(c)

Whenever any person who is engaged in the use of the public rights-of-way for other than generally permitted purposes but who lacks a franchise or similar right expressly and properly granted by the parish to do any act prohibited by subsection (b) of this section presents a request in writing to the parish for the cutting, pruning or removal of a tree or other vegetation on public rights-of-way adjoining, adjacent to or abutting the property owned or claimed by such person, it shall be the duty of the department to investigate such request. If it is found as a fact by the parish, through its appropriate department that such tree substantially or other vegetation interferes with the use of property affected with a public interest such as telecommunications or utility property, so as to cause loss, damage, or deprivation then it shall be the duty of the department to cut, prune or remove such tree or other vegetation or to cause or permit another to do so at the expense of the applicant. Any applicant who is aggrieved by the refusal of the department to cut, prune or remove such tree or other vegetation may appeal within thirty (30) days from such decision to the council. The council shall review the decision of the department and either approve, disapprove or modify same. Each application made under this section shall be accompanied by an application fee of five hundred dollars ($500.00) and shall describe with particularly the area where the work is to be done, which shall be no greater than the length of a public rights-of-way between the two (2) nearest intersecting ways and/or the space of one (1) subdivision square. Nothing in this section shall grant to any application any right to use the public rights-of-way for other than generally permitted purposes, as defined in article II of this chapter it being the sole purpose and intent of this section to prevent disruption of services need or useful to the public or any portion thereof.

(Ord. No. 20914, § 1, 3-15-00)