[Code 1968, § 8-701(1 — 6)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes all public parks having individual names, and all
areas owned by the City, or to which the public has free access as
a park.
Populus or poplar, box elder, willow, tree of heaven, catalpa,
soft maple, wild chestnut, black locust, elm and cottonwood.
Any person owning or operating any pole, line, pipe or conduit
located in any public street or over or along any public easement
or right-of-way of the transmission of electricity, gas, telephone
service or telegraph service.
All of the land lying between property lines on either side
of all streets, highways and boulevards in the City.
Trees, shrubs, bushes and all other woody vegetation.
[Code 1968, § 8-701(7)]
The provisions of this article, except as otherwise specifically
stated in this article, shall apply only to public streets, parkways,
parks and other land publicly owned or controlled by the City.
[Code 1968, § 8-702]
The City Manager shall be charged with the duty of enforcing
the provisions of this article, under the supervision of the City
Council.
[Code 1968, § 8-703]
The City Manager shall have control over all trees located within
the street rights-of-way and parks in the City, and the planting,
care and removal of such trees, subject to the regulations contained
in this article. The owner of land abutting on any street, upon obtaining
prior written permission of the City Manager, may prune, spray, plant
or remove trees in that part of the street abutting such person's
land not used for public travel, but no person shall otherwise prune,
spray, plant or remove any tree in any street or park. Every such
permit shall specify the extent of the authorization and the conditions
of such permit. Where an owner of abutting property requests the removal
of a tree, the City Manager is authorized, in his discretion, to require,
as a condition to granting approval for such removal, that such property
owner make the removal in accordance with regulations established
by the department of public works, assume all or any part of the costs
of removing such tree and require that the tree which is removed be
replaced by planting another tree, not necessarily of the same type,
at some other nearby location.
[Code 1968, § 8-704]
All dead trees and trees afflicted with any fatal or communicable
disease shall be removed by the department of public works with the
approval of the City Council. The City Manager is authorized to direct
the department of public works to remove any tree of a prohibited
species, provided notice to the owner is given, and if such owner
shall file written objection to such removal with the City Clerk within
48 hours after service of such notice, a public hearing on such removal
shall be held before the City Council as to whether or not the City
Manager shall remove such tree.
[Code 1968, § 8-705]
Trees may be removed which are not dead or infected with any
disease when such trees are of an undesirable, though not prohibited,
species, but only upon notice to the owner of the abutting property,
and if such owner shall file written objection to such removal with
the City Clerk within 48 hours after service of such notice, a public
hearing on such removal shall be held before the City Council, and
the abutting owner shall be notified of the time and place of such
hearing. The City Manager is authorized to direct the department of
public works to remove any tree growing within any street, park or
public place, when such tree interferes with fire hydrants, sewers
and water mains, visibility of street intersections, traffic control
devices or construction within street rights-of-way.
[Code 1968, § 8-706]
No tree of any prohibited species shall be planted in any street
or park, nor shall any such tree be planted on any private property
within 50 feet of any street or sidewalk right-of-way or any sewer
or sewer extension. Shade trees planted in any street right-of-way
shall be spaced not less than 40 feet apart, except that trees may
be planted less than 40 feet from an existing tree in the right-of-way,
provided, the existing tree has been approved for removal within a
period of two years from the date of planting of the new tree. The
owner of a single lot may, in order to provide a shade or ornamental
tree in front of his lot, secure special permission from the department
of public works to have a tree planted closer than 40 feet from an
existing tree, but in no case shall such planting be within 30 feet
of any existing tree within the right-of-way. No tree shall be planted
in any planting strip between the street proper and the sidewalk where
the distance between the back of the curb and the sidewalk is less
than three feet in width. No tree shall be planted nearer to the intersection
of any streets than 25 feet from the corner of such intersection.
[Code 1968, § 8-707]
No person shall break, injure, mutilate, kill or destroy any
tree or shrub, or set any fire, or permit any fire, or the heat from
such fire, to injure any portion of a tree. No toxic chemicals or
other injurious materials shall be allowed to seep, drain or be emptied
on, near or about any tree. No electric wires, or any other lines
or wires, shall be permitted to come in contact with any tree or shrub
in any manner that shall cause damage to such tree or shrub, and no
person shall attach any electric insulation to a tree. No person shall
use a tree as an anchor, and no material shall be fastened to or hung
on a tree. All persons having facilities which may interfere with
the trimming or removal of any tree under their care, custody or control
shall, after notice by the department of public works, promptly abate
such interference in such a manner as shall permit the trimming or
removal of such tree by the department of public works.
[Code 1968, § 8-708]
Excavations and driveways shall not be placed within six feet
of any tree without a written permit from the City Manager. Any person
making such excavation or construction shall guard any tree within
six feet of such excavation or construction with a good substantial
frame box which shall be approved by the department of public works.
All building material or other debris shall be kept at least 40 feet
from any tree. All persons desiring to make such excavation or construction
shall deposit with the City a sum as adopted by resolution of the
City Council from time to time which shall be sufficient to cover
the cost of inspection and any damage which may result from such excavation
or construction.
[Code 1968, § 8-709]
No person shall place within the street right-of-way any stone,
brick, sand, concrete or other material which will in any way impede
the full and free passage of water, air or fertilizer to the roots
of any tree, except a sidewalk of an authorized width and location.
[Code 1968, § 8-710]
Gas pipes or mains within any public rights-of-way or on any
public property shall be maintained so as to avoid any leakage from
such pipes or mains. If a leak exists or occurs, it shall be reported
to the owner of such pipe or main, and the leak shall be repaired
within 24 hours. Any damage of trees, shrubbery or grass resulting
from the escape of gas from a pipe or main shall be repaired, and
the cost of the work, including the cost of removal and the replacement
of any trees, shall be levied against the owner of the pipe or main
causing the damage.
[Code 1968, §§ 8-711 — 8-715]
(a)
Clearance. Every owner of any tree on private property overhanging
any street or right-of-way within the City shall trim the branches
of such tree so that the branches shall not obstruct the light from
any streetlamp, or obstruct the view of any street intersection, and
so that there shall be a clear space of eight feet above the surface
of the street or right-of-way. Such owners shall remove all dead,
diseased or dangerous trees, or broken or decayed limbs which constitute
a menace to the safety of the public. The City shall have the right
to trim any tree or shrub 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,
and such trimming shall be confined to the area immediately above
the right-of-way. All shrubs and bushes located on the triangle formed
by two right-of-way lines and a line drawn 20 feet from their point
of intersection on any corner lot within the City shall not be permitted
to grow to a height of more than three feet above the surface of the
roadway, in order that the view of the driver of a vehicle approaching
a street intersection shall not be obstructed. Trees may be planted
and maintained in such area, provided that all branches are trimmed
to maintain a clear vision for a vertical height of eight feet above
the roadway surface.
(b)
Disease and infestation. When the City Manager shall discover that
any tree growing on private property within the City is afflicted
with any dangerous and infectious insect infestation or tree disease,
he shall forthwith serve a written notice upon the owner of such tree
or his agent or occupant of the property on which the afflicted tree
is located to take such measures as may be reasonably necessary to
cure such infestation or disease and to prevent the spreading of such
infestation or disease, specifying the measures required to be taken.
Such order may require the pruning, spraying or destruction of trees,
as reasonably necessary. Every such notice shall be complied with
within 10 days after service of such notice upon the owner, agent
or occupant of the property on which the afflicted tree is located,
or within such additional time as may be stipulated in such notice.
(c)
Appeal. If the owner, agent or occupant of the property shall feel
himself aggrieved by an order of the City Manager requiring the treatment
or destruction of a tree, such person may, within 48 hours, make an
appeal to the City Council by communication filed with the City Clerk.
The City Council shall hear such appeal at its next regular meeting,
unless another time shall be set for such hearing, and shall determine
the matter under such expert advice as may be necessary.
(d)
Failure to comply. If the owner, agent and occupant of the property
refuses to carry out the order of the City Manager within the limited
time, or in case of an appeal, within five days after the City Council
shall have affirmed such order, the City Manager shall carry out the
pruning, spraying or destruction of the tree as deemed necessary by
him, and shall bill the owner, agent or occupant of the property for
the cost of such pruning, spraying or destruction. The City Manager
may, without serving the notice, when the owner or occupant of any
private property shall consent thereto and pay the reasonable cost
thereof, cause trees growing on private property to be sprayed when
he deems it necessary on account of any infestation or disease, or
threat thereof.
(e)
Inspection. The City Manager and his assistants and employees shall
have authority to enter upon private premises for the purpose of examining
any tree, shrub, plant or vine for the presence of destructive insects
or plant diseases. No damages shall be awarded for the destruction
of any tree, shrub, plant or fruit, or injury thereto, if such destruction
is done by the City Manager, or under his discretion, in accordance
with this article.
[Code 1968, § 8-716]
The City Manager shall annually issue permits granting permission
to public utilities to trim and keep trimmed all trees within the
streets, alleys, parks and public places of the City, in such a manner
to keep the overhead lines of such public utilities safe and accessible.
Such trimming shall be done in accordance with approved practices
and under the general direction of the City Manager or the department
of public works. Such permit shall require reasonable prior notice
to the City before any work is commenced under the permit; provided,
however, that in the event of an emergency requiring immediate maintenance
work on the overhead lines of the public utilities, prior notice of
commencing work under such permit shall not be required. As used in
this section, the term "emergency" means the occurrence or happening
of an event which could not be foreseen by the exercise of reasonable
care and foresight, which might cause damage to the overhead lines
of the public utilities.
[Code 1968, § 8-717]
Subject to the approval of the City Council, the City Manager
shall make such rules and regulations supplementary to this article,
and not in conflict with this article, as he may deem necessary from
time to time. The rules and regulations of this article which are
in effect at the adoption of this Code shall continue in effect until
they are changed pursuant to this section. No person shall fail to
obey any rule or regulation effective under this article.
[Code 1968, § 8-719]
There is established a Tree Advisory Board which shall consist
of five members. Such board members shall be appointed by the Mayor,
by and with the consent of the City Council. The original board shall
be appointed for the following terms: two members shall be appointed
for three years, two members shall be appointed for two years and
one member shall be appointed for one year. Thereafter, each member
shall be appointed for a three-year term. The board shall meet at
least quarterly, but may meet more often if it is deemed necessary.
The board shall organize itself and elect from its membership a chairperson
and a secretary. Meetings of the board may be called by the chairperson
or any two of the remaining board members. The board will act in an
advisory capacity to the Mayor, City Manager and City Council, upon
request, and may also offer recommendations to them at regular City
Council meetings.
