[Amended 7-5-2017 by Ord.
No. 2017-15]
This chapter regulates the planting, maintenance, protection
and removal of trees and shrubs on public streets, parks and other
City-owned property; and establishes the office of a City Forester
in the Department of Public Works. This chapter also provides for
the issuing of permits for the planting, maintenance, protection and
removal of trees and shrubs in City-owned places.
This chapter shall be known and may be cited
as the "City Tree Ordinance."
The following terms shall have the meanings
provided in this section unless their context requires otherwise:
CALIPER
The diameter in inches of the tree trunk 12 inches above
the base of the tree.
CITY AGENCY
Any department, board, commission, committee or other entity
within the government of the City of Ithaca.
PERSON
Any corporation, firm, partnership, association, trust, estate,
one or more individuals and any unit of government or agency or subdivision
thereof, except for a City agency.
TREES AND SHRUBS
Any woody plants which have self-supporting, aboveground
parts which are viable year round.
Unless specifically authorized in writing by the City Forester, no person or City agency shall intentionally damage, cut, carve, transplant or remove any tree or shrub on City-owned property; attach any rope, wire, nails, advertising posters or other contrivance to any such tree or shrub; allow any gas, liquid or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on City property. Written authorization for any action governed by this section may be obtained in the same manner as provided in §
306-5 of this chapter.
When plantings are to be done on projects that also require site development plan review (Chapter
276), the City Forester and the site development plan review officer shall coordinate review of the proposed planting plan.
Should a dispute arise in the administering
of this chapter, an appeal can be requested by petitioning, in writing,
the City Forester. The City Forester will have five working days to
reply in writing. Should this provide an unsatisfactory resolution,
a second appeal can be requested by petitioning the Superintendent
of Public Works. In such event, the Superintendent of Public Works
shall consult with the City Forester. The Superintendent will have
10 working days from the filing of the second appeal to reply in writing.
Should this also provide an unsatisfactory resolution, a third appeal
can be requested by petitioning the Board of Public Works. The Board
of Public Works will act upon the petition within 30 days from the
date of receiving the petition.
Any person who violates or fails to comply with
any of the provisions of this chapter shall be guilty of a violation
and, upon conviction thereof, shall be fined a sum not more than $250
plus the cost of rectifying damage to any tree or shrub on City-owned
property.