[6-16-2015; 2016 Code]
(A)
Control over public property.
(1)
The city forester, under the control of the board of public
works, shall direct the purchase, planting, maintenance, trimming,
pruning and removal of all trees and shrubs in any public area of
the city. No person shall plant, maintain, trim, prune or remove any
tree or shrub on or from any public land without permission from the
city forester. Such permit must be obtained from the city clerk and
may include specific qualifications and conditions.
(2)
The terms "public property," "public area" and "public land"
shall include all land within the city not privately owned or not
controlled by any other political subdivision.
(3)
The city forester shall make due investigation and study of
various species of trees and shrubs, with consideration given to length
of life, beauty, freedom from disease, care requirements, growth habits,
utility future effect of roots on adjacent sidewalks and structures,
cleanliness and other pertinent characteristics. Only such species
as are approved by the city forester shall be planted on public lands.
The following species are specifically prohibited for such planting.
Chinese elm, silver maple, mountain ash, poplar, cottonwood, willow,
catalpa, box elder, tree of heaven, walnut, chestnut, birch, conifers
and Russian olive.
(B)
Control over private property.
(1)
Any tree or shrub which overhangs any public land of the city,
and which, in the opinion of the city forester, endangers the life,
health, safety or property of the public, shall be declared a public
nuisance. The owner shall be notified in writing of the existence
of the nuisance and given a reasonable time for its correction or
removal. If not corrected, action shall be taken by the city forester
to abate the nuisance, and the cost assessed to the owner, recoverable
by suit. The owner shall be subject to general penalty provisions
of this code.
(2)
The owner of property abutting upon any street or sidewalk shall
trim branches of all trees standing along such street or sidewalk
so that the branches shall not obstruct the passage of light from
any street light to the adjacent street or sidewalk, and he or she
shall also trim all branches which overhang any street, alley or sidewalk
so that there shall be a clear height of 15 feet above the street
or alley and a clear height of 10 feet above the sidewalk. The owner
shall remove all dead, decayed or broken trees, limbs or branches
which overhang any street, alley or sidewalk.
(3)
Private activity. Whenever it is necessary for the work of the
city forester to move or protect service wires, the city forester
shall serve written notice on the owners of such wires and such owners
shall comply with such orders within a reasonable time.
[6-16-2015; 2016 Code]
Trees purchased other than from the park department, must be
planted by the property owner. Property owners will be able to choose
from trees approved by the board of park and recreation commissioners,
with individual tree approval and location coming from the city forester.
Trees to be purchased may be planted on public property only. Whenever
the board shall have declared that any trees or shrubbery situated
in the space between the curb line and the sidewalk line of any street
or improved street do not comply with the regulations of the board
relative to style, type, planting and arranging thereof, it shall
order the same to be removed or replaced or rearranged to comply with
regulations. The following provisions shall apply to all planting:
(A)
No trees or shrubs are to be planted at street intersections. Such
planting shall be done at least 15 feet from the intersection of the
curbs.
(B)
No person shall plant or cause to be planted any trees or shrubs
of any nature whatsoever within 25 feet of any hydrant or shut-off
box, within the street right of way.
(C)
The following distances between trees must be adhered to:
Hard maple: 40 feet.
Norway maple or ash: 35 feet.
Hackberry, locust or linden: 30 feet.
(D)
No person shall deposit, place, store or maintain, except during
construction work for a period not to exceed 30 days, upon any public
land, any stone, brick, sand, concrete or other materials which may
impede the free passage of water, air and fertilizer to the roots
of any tree or shrub growing thereon, except by written permission
of the city forester.
(E)
No person shall break, mutilate, injure, kill or destroy any tree
or shrub, or permit any fire to burn where it will injure any portion
of any tree or shrub on public land.
(F)
No person shall knowingly permit any toxic chemical to seep, drain
or be emptied on or about any tree or shrub on public land.
(G)
No person shall plant or cause to be planted any trees or shrubs
of any nature whatsoever within 25 feet of any hydrant or shut-off
box, within the street right-of-way.
(H)
No hedge or shrubbery shall be planted closer than 18 inches to a
sidewalk and shall be kept trimmed at all times so that no part shall
project over a sidewalk.
(I)
No shrub or bush growing at the intersection of any two streets in
the city shall be allowed to grow taller than 2 1/2 feet from
the ground within a 30 foot radius from the intersection of two curb
lines.
(J)
No person shall knowingly permit electric wires to come in contact
with any trees or shrubs on public land unless protected by approved
methods, no person shall attach any electrical insulation to any tree
on public land.
(K)
Ditches, trenches, tunnels and driveways shall be kept as far away
from any trees as possible. Builders shall erect suitable barriers
around trees or shrubs on public lands to prevent injury from construction
work.
[12-17-1991; 2016 Code]
(A)
All persons desiring to remove a tree located upon the terrace of
any lot or parcel of property located within the city shall, before
removal of such tree, secure a permit from the city clerk. There shall
be no fee for the issuance of such permit.
(B)
The holder of such permit shall, within a reasonable time after the
removal of such tree or trees, remove any resulting stump or stumps
at the permit holder's expense.
(C)
A person who violates any provision of this section shall upon conviction
be subject to a Class 5 forfeiture.
[1969 Code; 1977 Code; 2016 Code]
Public utilities, under the supervision and direction of the
city forester, are authorized to trim trees upon and overhanging the
streets, avenues, alleys, highways, sidewalks and other public lands
in the city, to prevent the branches of such trees from coming in
contact with wires and cables. Under the supervision and direction
of the city forester, such utilities are authorized to cut roots of
trees and shrubs under the streets, avenues, alleys, highways, sidewalks
and other public lands in the city, to construct, maintain and operate
their facilities in and about the city.
[12-17-1991; 2016 Code]
Except as expressly noted elsewhere in this chapter, a person
who violates any provision of this chapter shall upon conviction be
subject to a Class 3 forfeiture.
