[HISTORY: Adopted by the Common Council 1-23-1995
by L.L. No. 3-1995 (Ch. 148 of the 1981 Code). Amendments
noted where applicable.]
A.
The City shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds as may be necessary to ensure public
safety or to preserve or enhance the symmetry and beauty of such public grounds.
B.
The City Shade Tree Commission, as established in Chapter 153 of this Code, may order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gaslines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said tree is in accordance with §§ 153-7 through 153-9 of this Code.
A.
Property owners shall be responsible for all trees between
the curb and sidewalk that abut a public street. Every owner of any tree overhanging
any street or right-of-way within the City shall prune the branches so that
such branches shall not severely obstruct the light from any street lamp or
obstruct the view of any street intersection and so that there shall be a
clear surface of 14 feet above the street surface or nine feet above the sidewalk
surface.
B.
The City shall have the right to prune any tree, shrub
or bush on private property when it interferes with the proper spread of light
along the street from a streetlight or interferes with visibility of any traffic
control device or sign at intersections.
C.
Each and every week that such trees remain untrimmed
after receipt of proper notice by the Director of Public Works shall be deemed
a separate and distinct violation of this section.
D.
Where said notice is not complied with within 10 days
after the same has been received, the Director of Public Works may trim such
trees, shrubs or bushes at the expense of the owner so that they shall comply
with the provisions hereinbefore stated.
A.
No person shall, without a written permit issued by the
Director of Public Works, plant, cut, prune, trim, injure or remove any living
tree in a public street (between the curb and property line) or cut, disturb
or interfere with the roots of any such tree or place or attach ropes, cables,
wire or chain or attach signs to any tree in a public street or public property
within the City.
B.
It shall be unlawful for any person or firm to engage
in the business or occupation of pruning, treating or removing street or park
trees within the City without first applying for and procuring a license;
provided, however, that no license shall be required of any public service
company, including electric utilities and their agents and contractors or
City employees, doing such work in the pursuit of its public service endeavors.
Before any license shall be issued, each applicant shall first file evidence
of possession of liability insurance in the minimum amounts of $1,000,000
for bodily injury and $1,000,000 for property damage, indemnifying the City
against any and all claims made by any person injured or damaged as a result
of the pursuit of such endeavors as herein described.[1]
A.
Property owners shall remove all dead, diseased, broken
or decayed trees or limbs which constitute a menace to the safety of the public.
B.
Where property owners or their authorized representatives
intend to undertake the removal of a tree or trees between the sidewalk and
curb along a public street which has/have become hazardous by reason of decay,
lightening, windstorm or other physical damage or for reason of construction
purposes, the following conditions shall be met:
C.
In the event of the failure of owners to comply with
this provision, the City shall have the authority to remove such trees as
warrant removal and charge the cost of removal on the owner's property tax
notice.
D.
Where owners of property request the City to effect the removal of a tree or trees, written request shall be made to the attention of the Director of Public Works. Inspection of the removal work shall be made to confirm that said trees are within the classification as set forth in Subsection B above.
All stumps of street and park trees shall be removed below the surface
of the ground so that the top of the stump shall not project above the surface
of the ground.
A.
Tree limbs that grow near high-voltage electrical conductors
shall be maintained clear of such conductors by the electric utility company
in compliance with any applicable franchise agreements. A utility tree trimming
policy must be reviewed by the utility company and the City Shade Tree Commission
prior to any trimming by the utility company.
B.
Where tree removals are necessitated for utility purposes,
including but not necessarily limited to new installation of required utility
lines, services or supporting facilities, the utility firm shall bear the
cost of tree replacement, which shall be performed by City forces. Replacements
shall be a minimum of 2 1/2 inches in caliber.
C.
In cases where extensive cutting and trimming is required
for utility lines and where said cutting extends to such a degree as to jeopardize
the life of said tree or to impair the aesthetic beauty of the same, the utility
company may be required to completely remove the same and bear the cost of
a tree replacement as hereinbefore referred to.
It shall be unlawful as normal practice for any person, firm or City
department to top any street tree, park tree or other tree on public property.
"Topping" is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree. Trees severely damaged by
storms or other causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from this section
at the determination of the City Shade Tree Commission.
Any person willfully damaging any tree, bush, shrub or other planting
in any public street, public park or any property in the care, custody and
control of the City shall, upon conviction, be subject to a fine not to exceed
$5,000.
