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.
A.
No person shall pour salt water or other injurious chemicals upon
any public highway or place within the City in such a way as to injure
any tree planted or growing thereon.
B.
No horse or other animal shall be permitted to stand in any public
street, park or public area within the City in such a manner or position
that it may cut, deface or mutilate any tree or shrub standing thereon.
C.
In the erection or repair of any building or structure, the owner
thereof shall place such guards around all nearby trees standing in
any public street, park or public area to effectually prevent injury
thereto. To the extent possible, the guards shall be placed at a minimum
standard of one foot of radius for each diameter inch of tree.
A.
Any person, including public utilities, their agents, servants and
employees, is prohibited from climbing trees with the aid of spurs.
B.
Any wires of the public utilities passing among the branches of City
trees shall be properly insulated so as to prevent damage to said
trees.
C.
No person shall, without the written permission of the Superintendent
of Public Works, attach any electrical or other wire, insulators or
any device for the holding of an electric or other wire to any tree
growing or planted upon any public street, park or public area, nor
shall the approved attachments be attached to the tree in such a manner
as to girdle or restrict growth.
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.
A.
No person shall remove a tree greater than eight inches in diameter,
measured 54 inches from the base of said tree, in an historic district,
without first having a tree removal permit approved by the Superintendent
of Public Works.
B.
The Superintendent of Public Works is authorized and empowered to
obtain the assistance of the Arborist or other persons professionally
trained and experienced in tree planting, preservation and landscaping.
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.
A.
A tree may be designated as protected by the Architectural Review
Commission after consultation with the CAC and a public hearing. Such
designation may be made because of the tree's age, history, uniqueness
or special beauty. Such designation may be made anywhere within the
limits of the City. No protected tree designation may be made without
written consent of the tree's owner.
B.
Trees designated as protected may not be removed unless the Superintendent
of Public Works, as advised by the Arborist, determines, because of
their condition, they are a danger to persons or property or that
they are diseased and cannot be saved.
A.
Whenever any tree or trees are removed, cut down, damaged or destroyed
in violation of this article, the removal, cutting, damaging or destroying
of each and every tree shall be construed as a separate and independent
offense. Any person, firm or corporation violating any of the provisions
of this article will be required to replace in kind each and every
tree removed, cut down or destroyed. If the tree was so large and
so mature that it cannot be replaced, the Superintendent of Public
Works may require the planting of multiple trees. If multiple trees
cannot be planted on the site of the violation, other available planting
spaces on public property will be used to accommodate the balance
of the penalty. No certificate of occupancy shall be issued for any
new construction on property on which occurred any violation of this
article unless and until the provisions of this subsection have been
complied with.
B.
In addition to any other penalty, any person, firm or corporation, or the individual hired by such person, firm or corporation, violating any provision of this article shall be subject to prosecution as a violation and, upon conviction, shall subject the violator to penalties prescribed by § 1-12 of the City Code of Ordinances or shall be subject to a civil penalty of $500, collectable by the City in a civil action, and shall be subject by an action in a court of competent jurisdiction to compel compliance or to restrain by injunction, notwithstanding the fact that the above penalties are also provided for, sought or imposed for such violation.
C.
In addition to the foregoing, any person, firm or corporation engaged
in the business of tree removal or care who or which shall aid, assist
or abet in the violation of this article may be denied the status
of a permittee under this article for a reasonable period of time
to ensure future compliance, in the discretion of the Superintendent
of Public Works, subject to appeal to the City Manager.
The Superintendent of Public Works and the Building Inspector,
with the assistance of the police, shall enforce this article.
