No person shall plant any tree, shrub or other vegetation within
the limits of any public street, park or public right-of-way area
without first obtaining a permit from the Superintendent of Public
Works and complying with the following requirements: Such permit shall
be granted upon the determination of the Superintendent of Public
Works, after consulting with the Police Department and the Conservation
Advisory Council, that such a planting will not create a traffic hazard
and will not interfere with the use of such a street, park, or public
area by the public, 'that such planting will enhance the beauty and
appearance of the street, park or public area and the surrounding
area, and that such planting meets the goals and objectives of the
City with regard to green infrastructure and urban forestry objectives.
The Conservation Advisory Council may also consult with any other
City department which may provide information relating to the planting
of the tree.
A. Trees planted within the limits of any public street, park or public
area shall be of the species and quality approved by the Conservation
Advisory Council and shall be planted at least 30 feet apart, unless
otherwise authorized by the Superintendent in consultation with the
Conservation Advisory Council and Arborist. Each tree planted shall
measure not less than two inches' nursery caliper.
B. Should any tree, shrub or plant planted within the limits of any
public street, park or public area, in the opinion of the Superintendent
of Public Works, after consultation with the Police Department, the
Arborist and the Conservation Advisory Council, at any time constitute
a traffic hazard, interfere with the use of such street, park or public
area by the public or detract from the beauty and appearance of the
street, park or public area or the surrounding area, such tree, shrub
or plant will be pruned or removed as necessary.
The general care, pruning and maintenance of all trees and shrubs
planted within the limits of any public street or public place shall
be vested in the Superintendent of Public Works.
No shade or ornamental tree or shrub in any public street, park
or public area in the City shall be cut, pruned, broken, climbed,
injured, sprayed, cabled, fertilized, treated, damaged, destroyed
or removed, nor shall the roots, stems, branches or leaves of any
such tree or shrub be cut, broken or otherwise disturbed, until or
unless a permit therefor has been approved by the Superintendent of
Public Works. Such a permit is not necessary for the usual periodical
removal of small branches to allow the free passage of wires, but
any such work will be subject to the inspection of the Superintendent
of Public Works; and where such work is not up to standard, any expense
incurred by the City in repairing the same will be charged to the
public utility responsible.
No person not duly authorized by the Superintendent of Public
Works shall place any rope, sign, poster or other fixture on either
a tree or guard thereof standing in the public street, park or public
area or damage, misuse or remove any device placed to protect such
tree or shrub.
Every person having any wire charged with electricity extending
over a public street, park or public area within the City shall, upon
written notice from the Superintendent of Public Works, temporarily
remove such wire or discontinue the transmission of the electric current
through the same when necessary for the safety of workmen engaged
upon the trees or shrubs growing on such public street, park or public
area. The work of removing such wire or ceasing of the transmission
of electricity through it shall be completed within 24 hours after
the service of a written notice by said Superintendent making such
request.
No person shall prevent, delay or interfere with the Superintendent
of Public Works or any of his employees in the planting, pruning,
spraying, removing or otherwise treating of any tree or shrub standing
or growing in the public street, park or public area within the City
or in the removal of stone, cement or other substance about the trunk
of any such tree or shrub which, in the opinion of said Superintendent,
tends to retard its growth.
Property owners and other persons are prohibited from planting
silver maples and allied species, ailanthus and poplars of any variety
within a distance of 20 feet from any public street, sidewalk, park
or public place.
Where privately owned trees encroach upon any public street, park or public area, the Superintendent of Public Works or the Building Inspector may serve, personally or by mail, upon the owner of such property, a written notice to trim the encroaching branches. If such owner fails to comply with such notice, the City may abate such condition and assess a lien against the property for the costs of such abatement, together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter
226 of the City Code.
Where any dead tree or trees located on private property adjacent to a public street, park or public area constitute a danger or are potentially dangerous to the traveling public, the Superintendent of Public Works or Building Inspector may serve personally or by mail upon the owner of such property a written notice to remove the dead tree. If such owner fails to comply with such notice, the City may abate such condition and assess a lien against the property for the costs of such abatement, together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter
226 of the City Code.
The Superintendent of Public Works and the Building Inspector,
with the assistance of the police, shall enforce this article.