[1975 Code § 4.14; amended by 2003 Code]
The owner or person having the possession or charge of any lot, block or tract of ground within the limits of the City and contiguous to or adjoining any street or public thoroughfare therein may plant shade or ornamental trees, except North Carolina poplars, Chinese elms, cottonwoods and soft maples, within the street and along the lot, block or tract of ground so owned or possessed by him, such trees to be planted a minimum of six feet from the right of way.
[1975 Code § 4.14; amended by Ord. 859, 10-4-1999; 2003 Code]
A. 
Private Property.
1. 
Trimming by Property Owner: It shall be the duty of every owner or person having the possession or charge of any lot, block or tract of ground within the City to keep all shade or ornamental trees planted or growing in any street or thoroughfare adjoining the lot, block or tract of ground so owned or possessed by him, properly trimmed by cutting off the lower branches of such trees to a height of not less than 10 feet from the ground[1] and by cutting off the tips of extremities of the branches so as not to obstruct the view of the streets along which such trees are growing.
[1]
Editor's Note: See also Subsection 4-1-5E of this Code.
2. 
Trimming by City: If any person, whose duty it shall be under this chapter to trim and keep properly trimmed any shade or ornamental tree, shall fail or neglect to do so, after being notified by the superintendent of streets, or shall insufficiently trim the same to meet the requirements of this chapter, it shall be the duty of the superintendent of streets to proceed to trim such trees properly and carefully and in such manner as to meet the requirements of this chapter, doing no unnecessary cutting of branches or no injury to such trees otherwise than the necessary and proper trimming of the same.
B. 
City Right-of-Way: No person or entity shall cut or trim any tree or shrubbery on City right of way unless such person or entity shall have been contracted by the City to do such work, or unless such work shall otherwise be done with the consent of the City.
[Ord. 859, 10-4-1999; amended by 2003 Code]
A. 
Rules and Regulations: The City shall establish reasonable rules and regulations for the removal of trees or other woody plants or brush on private property when the removal of said trees, woody plants, or brush may require placement of limbs, cuttings, wood or other debris on City right of way for pickup or other disposition,[1] or when City right of way shall be required, in the interests of public safety, to be blocked or barricaded for a period of time to facilitate the removal of one or more trees on private property.
[1]
Editor's Note: See Title 4, Chapter 4-2, of this Code.
B. 
Chipping and Removal by City; Cost: Any woody plant or other brush cut or trimmed by a homeowner on or from private property and then placed for pickup by the City, such placement being required to be on City right of way or near a curb, will be removed by the City in the manner most appropriate, including chipping of the woody plant, brush and other disposable plant material.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the City Council herein delegates the authority and responsibility for managing public trees, creates a Tree Advisory Committee, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
As used in this chapter the following words and phrases shall have the meanings indicated:
DAMAGE
Any injury to or destruction of a tree, including, but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
NUISANCE
Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
PARKWAY
The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
PUBLIC PROPERTY
All grounds and rights-of-way (ROWs) owned or maintained by the City.
PUBLIC TREE
Any tree or woody vegetation on City-owned or City-maintained property or rights-of-way.
TOP or TOPPING
The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
A. 
Delegation of authority and responsibility. The Mayor and/or their designee, hereinafter referred to as the "Director," shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-way, City parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
B. 
Coordination among City departments. All City departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director.
C. 
Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement of this chapter.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
The City Council hereby creates a "Tree Advisory Committee," hereinafter referred to as the "Tree Committee."
A. 
Duties. The Tree Committee shall act in an advisory capacity to the Director and City/Council as necessary and shall:
1. 
Coordinate and promote Arbor Day activities;
2. 
Review and update a five-year plan to plant and maintain trees on City property;
3. 
Support public awareness and education programs relating to trees;
4. 
Review City department concerns relating to tree care;
5. 
Submit an annual report of its activities to the City Council;
6. 
Assist with the annual application to renew the Tree City USA designation;
7. 
Recommend a list of tree species for planting on City property, and a list of prohibited species; and
8. 
Other duties that may be assigned by City Council.
B. 
Membership. The Tree Committee shall consist of five members approved by City Council. Members of the Tree Committee will serve without compensation.
C. 
Term of office. Tree Committee members shall be appointed for three-year staggered terms. For the first appointed board two members will initially be appointed for one-year terms, two members appointed for two-year terms and one member appointed for a three-year term. If a vacancy occurs during the term of any member, a successor shall be appointed by City Council.
D. 
Officers. The Mayor shall annually select one of the members to serve as chair, may appoint a second member to serve as vice-chair, and may appoint a third member to serve as secretary.
E. 
Meetings. The Tree Committee shall meet a minimum of four times each year. All meetings shall be open to the public. The Tree Committee chair may schedule additional meetings as needed.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
A. 
Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
B. 
Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable State laws and utility industry standards.
C. 
Preferred species list. The Director shall maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity). Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director.
D. 
Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.
E. 
Planting trees under electric utility lines. Only trees listed as Ornamental trees on the Official City Tree Species List may be planted under or within 15 lateral feet of any overhead utility wire.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
A. 
It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director.
B. 
It shall be unlawful for any person, firm, or corporation to attach any cable, wire, sign, or any other object to any street, park, or public tree.
C. 
It shall be unlawful for any person, firm, or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director.
D. 
Any person, firm, corporation, or City department performing construction near any public tree(s) shall consult with the Director and shall employ appropriate measures to protect the tree(s), according to procedures contained in the best management practices (BMPs) for "Managing Trees During Construction" published by the International Society of Arboriculture.
E. 
Each violation of this section as determined and notified by the Director shall constitute a separate violation, punishable by fines and penalties under Section 7-3-13, in addition to mitigation values placed on the tree(s) removed or damaged in violation of this section.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
The owner of land adjacent to any City street or highway, when acting within the provisions of this chapter, may plant and maintain trees in the adjacent parkway area.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
A. 
Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may issue official notice requiring its treatment or removal.
B. 
Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
Any person, firm or corporation violating any provision of this chapter shall upon conviction be subject to a penalty of up to $750 for each offense.
[Added 3-3-2025 by Ord. No. 25-03-02-90]
Any person aggrieved of a decision made by the Director or the Tree Advisory Committee, may have the decision reviewed by the City Council provided the request for review is filed with the City Clerk within 10 days of such decision.