[Ord. No. 04-08, 4-27-2004]
In order to promote the general health, safety, and welfare
of the public, to facilitate the creation of an attractive and harmonious
community, to conserve, protect, and enhance the City's natural
resources, and to safeguard and protect land values, the City tree
program is hereby established. The goals of the tree program shall
be:
A.
To aid in stabilizing the environment's ecological balance by
contributing to the process of air purification, oxygen regeneration,
groundwater recharge, and stormwater runoff retardation, while aiding
in noise, glare and heat abatement;
B.
To encourage the preservation of existing trees, shrubs, and cultivated
vegetation;
C.
To beautify the City;
D.
To safeguard and enhance property values and to protect public and
private investment;
E.
To preserve, protect, and restore the unique identity and environment
of the City and to protect its economy; and
F.
To conserve energy and protect the public health, safety, and general
welfare.
[Ord. No. 04-08, 4-27-2004]
It shall be unlawful for any person other than the City Manager
or his designee to plant, trim, or prune any tree, shrub, or other
vegetation on, or to remove any tree, shrub, or other vegetation from,
any dedicated City street, alley, park, or other property owned or
controlled by the City without first obtaining the written permission
of the City Manager or his designee; provided, however, that nothing
contained in this section shall prohibit the trimming or cutting of
grass in the public right-of-way. For purposes of this article, the
term "city-owned property" shall mean any lands owned by the City
within the City except for property under the jurisdiction and control
of the School Board. Any tree, shrub, or other vegetation planted
in violation of this section shall be subject to removal by the City.
[Ord. No. 04-08, 4-27-2004]
A.
It shall be unlawful for any person to plant any tree, shrub, or
other vegetation on City-owned property unless it is shown on the
current list of approved species developed and maintained by the City
Manager. Any tree, shrub, or vegetation planted in violation of this
section shall be subject to removal by the City.
B.
The City Manager or his designee may plant trees, shrubs, and vegetation
not shown on the list of approved species in public parks only.
[Ord. No. 04-08, 4-27-2004]
A.
The City Manager or his designee shall have the authority to issue
a tree permit to any person upon payment of an application fee to
be established by the City Manager in order to plant any approved
tree, shrub, or vegetation on City-owned property upon such terms
and conditions as the City Manager deems appropriate and that are
consistent with the provisions of this article.
B.
Any permit used pursuant to this section shall contain a clear description
of the action to be performed, the approved location, the species
of tree or shrub, the duration of the permit, and any other requirements
deemed necessary by the City Manager or his designee. All work performed
under such permit shall be in strict accordance with the terms thereof.
[Ord. No. 04-08, 4-27-2004]
In order to promote an orderly, attractive, and economical tree
planting program in the City, the City Manager shall develop and implement
a master plan for the design, planting, maintenance, preservation
and removal of trees, shrubs, and vegetation on City-owned property.
Such plan shall be developed with appropriate public participation
and include proper consultation and coordination with the City School
Board regarding trees, shrubs, and vegetation on public school sites
and Maury Field.
[Ord. No. 04-08, 4-27-2004]
A.
The City Manager shall be responsible for the planting, trimming,
removal, and care of all trees, shrubs, plants, and other vegetation
on City-owned property. He is hereby authorized to trim, prune, spray,
fertilize, water, cultivate, maintain, plant, and remove any trees,
shrubs, and other vegetation in accordance with the provisions of
this article.
B.
The City Manager is hereby directed to plant, prune, maintain and
relocate trees, plants and shrubs within the lines of all streets
and public parks in accordance with the master tree plan to preserve
or enhance the symmetry and beauty of such public grounds.
C.
The City Manager shall provide a written report on the tree program
to the City Council on an annual basis, specifying the number and
location of trees that have been planted and removed on City-owned
property.
D.
When a tree is removed, it shall be the City's policy to plant
a replacement tree in the same general area, consistent with specified
standards; except when a replacement tree is determined by the City
staff to be infeasible or inappropriate.
E.
The City shall not, as a general practice, top any tree on City-owned
property. For purposes of this section, "top" shall mean to cut back
severely the limbs of any tree within its crown so as to remove the
normal canopy of the tree and to disfigure it. Trees severely damaged
by storms or other causes or trees located under utility wires or
other obstructions, where other pruning practices are impractical,
may be topped at the direction of the City Manager or his designee.
F.
Stumps of trees located along City streets and in City parks shall
generally be removed below the surface of the ground so that the top
of the stump does not project above the surface of the ground.
[Ord. No. 04-08, 4-27-2004]
The City Manager shall not remove or permit the removal of any
tree, shrub, or other vegetation from any City-owned property unless
he or his designee has determined that such tree, shrub, or vegetation
is:
[Ord. No. 04-08, 4-27-2004]
A.
Except as otherwise provided by law or a franchise granted by the
City, any public service or utility corporation desiring to cut, trim,
or remove trees, shrubs, or other vegetation from City-owned property
shall submit a written plan to the City Manager for review and approval.
B.
The City Manager or his designee shall, upon receipt of such application,
issue a utility permit therefor if it appears to that such cutting,
trimming, or removal is necessary for the protection of life or property
and is consistent with the provisions of this article. Such cutting,
trimming, or removal shall be done properly and at the expense of
such public service corporation.
[Ord. No. 04-08, 4-27-2004]
It shall be unlawful for any person to willfully or maliciously
break, bark, belt, or otherwise injure any tree, shrub, plant, or
other vegetation on City-owned property.
[Ord. No. 04-08, 4-27-2004]
Any person found in violation of any provision of § 66-222, 66-223, or 66-229 shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. This shall be in addition to any civil penalties, charges, or other actions that may be instituted against such person to prevent, restrain, correct, or abate violations of this article.
