[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 76-442 § 1 (part); Ord. 74-117 § 1; prior code § 39-32]
This article shall be known and may be cited as the "Tree Ordinance of the City of Davenport, Iowa."
[Ord. 2019-58; Ord. 2002-31 § 3 (part); New; Ord. 76-442 § 1 (part); Ord. 74-117 § 2; prior code § 39-33]
For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory.
A.
CITY – Means the City of Davenport, Iowa.
B.
CITY ARBORIST – Means the City arborist or designee of the City.
C.
PERSON – Means any person, firm, partnership, association, corporation, company or organization of any kind.
D.
PROPERTY OWNER – Means the contract purchaser if there is one of record; otherwise the record holder of legal title.
E.
STREET or HIGHWAY – Means the entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic, within the City limits, including alleys.
F.
TREES – Shall include that woody vegetation, usually growing with a single stem and a height over 10 feet.
G.
SHRUBS – Shall include that woody vegetation, usually growing with multiple stems and a height under 10 feet.
H.
RIGHT-OF-WAY – Is as defined in Chapter 12.20.
I.
PERMANENT FENCE – Shall include such structures that enclose an area. This includes shrubbery and fences made from such materials as wood, stone, iron or steel.
J.
PARK – Shall include all public parks having individual names and maintained by the City of Davenport.
K.
REMOVAL – Is the actual removal or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of a tree.
[Ord. 2019-58; Ord. 2018-442; Ord. 2002-31 § 3 (part); New; Ord. 76-442 § (part); Ord. 74-117 § 3 (1a); prior code § 39-34 (part)]
[Ord. 2019-58; Ord. 2002-31 § 3 (part); New; Ord. 76-442 § 1 (part); Ord. 74-117 § 3 (2-6); prior code § 39-34 (part)]
A.
Generally. The City arborist shall have the authority and jurisdiction to superintend and regulate the spraying, treating, planting, maintenance, pruning and removal of trees and shrubs on City property or in the City right-of-way, and where indicated on private property, to ensure health or safety or to preserve the symmetry of public places. It shall be the arborist's duty to encourage the planting, culture and preservation of trees in the City.
B.
Care of Trees and Shrubs on Streets. The City arborist shall direct the necessary removal, cutting and pruning of trees and shrubs located on City property or in the City right-of-way.
C.
Master Street Tree Plan. The City arborist shall have the authority to formulate a master street tree plan. The master street tree plan shall specify the species of tree or shrub to be planted in the City right-of-way.
D.
Arboricultural Specifications and Standards of Practice. The City arborist shall have the authority to promulgate arboricultural specifications and standards of practice governing the planting, preservation, pruning, removal, fertilization and insecticidal treatment of trees and shrubs on City property or in the public right-of-way. Practices shall be consistent with best management practices established by the International Society of Arboriculture.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 79-1168 § 3 (part); prior code § 39-21 and 23]
No person, firm or corporation shall carry on or engage in, as its principal business activity, the business of cutting and trimming of trees without first having procured a license therefor and complied with the other requirements of this chapter. No such license may be loaned, rented, assigned or transferred by the licensee.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 82-158 § 49; Ord. 79-1168 § 3 (part); prior code § 39-22]
The fee for the license shall be $50 per year.
[Ord. 2019-58; Ord. 2015-117 § 10; Ord. 2002-31 § 3 (part); Ord. 79-1168 § 3 (part); prior code §§ 39-24 – 39-27]
A.
Bond required. Any license applicant shall deposit with the Clerk a good and sufficient bond in the sum of $10,000 conditioned that such applicant shall faithfully comply with the provisions of this chapter, and further conditioned to indemnify, save and keep harmless the City and its officers from any and all claims, damages, losses and actions, by reason of any acts or things done under or by authority or permission granted in this chapter. Nothing in this Division IV shall not be construed as a waiver of any immunity the City or its officers may have.
B.
Liability insurance required. Any license applicant shall deposit with the Clerk a policy of public liability insurance in the amounts of not less than $50,000 for damage to any one person, $100,000 on account of one accident or event, and property damage coverage of not less than $25,000 which covers the licensing period. The policy shall provide that it cannot be terminated for any cause without 15 days' advance notice to the City. Upon cancellation of insurance the City license shall be null and void.
C.
Any license applicant shall deposit with the Clerk satisfactory evidence of compliance with the requirements of the Iowa Workmen's Compensation Laws.
D.
Approval of insurance policy required.
E.
Any insurance policy tendered by a licensed applicant shall be approved by the City's risk management division.
[Ord. 2019-58; Ord. 2002-31 § 3; Ord. 79-1168 § 3; prior code §§ 39-28, 39-29, 39-31]
A.
Licensee shall not remove, cut or trim trees located on City property or in the City right-of-way without prior authorization of the City arborist.
B.
Removing, cutting or trimming without a License.
C.
Whenever it appears to the City arborist that any licensee has done business without proper license, the City arborist shall consult law enforcement to stop work. A municipal infraction will be issued in accordance with 8.14.360. A violation may also be charged and adjudicated as a simple misdemeanor including the arrest of the offending party.
D.
Cleanup required. Each licensee shall promptly clean up and legally dispose of all tree trunks, limbs, branches, twigs or brush debris generated as a result of tree trimming, pruning and removal activities.
E.
The City may refuse to issue, suspend or revoke any license for violations of this Division IV. Any appeal of a refusal, suspension or revocation will be pursuant to the process set forth in Chapter 2.86.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 97-113 § 2; New; Ord. 76-442 § 1 (part); Ord. 74-117 § 5 (part); prior code § 39-36 (part)]
A.
It shall be the responsibility of property owners to maintain private trees and shrubs in a manner that:
1.
Will not obstruct the passage of pedestrians or vehicles on public sidewalks for streets, or otherwise obstruct the sight of traffic control devices, or obstruct the view of any street intersection or create other hazardous conditions.
2.
Branches do not hang over a sidewalk at a height of less than eight feet above the sidewalk, or hang over a highway, street or alley at height of less than 14 feet above the highway, street or alley.
3.
Does not pose hazardous conditions due to the threat caused by death or disease from falling branches, limbs or the vegetation itself onto adjacent sidewalks, streets, highways or alleys, or private property.
B.
It shall be the responsibility of abutting property owners to maintain public trees in the City right-of-way in a manner that:
1.
Will not obstruct the passage of pedestrians or vehicles on public sidewalks for streets, or otherwise obstruct the sight of traffic control devices, or obstruct the view of any street intersection or create other hazardous conditions.
2.
Branches do not hang over a sidewalk at a height of less than eight feet above the sidewalk, or hang over a highway, street or alley at height of less than 14 feet above the highway, street or alley.
C.
Public trees grown within a permanent fence enclosure shall be the responsibility of the abutting property owner.
D.
Abutting property owners must not remove public trees growing in the City right-of-way without prior authorization of the City Arborist.
E.
Nothing in this article shall prohibit the City arborist from maintaining public trees in the City right-of-way.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); New; Ord. 76-442 § 1 (part); Ord. 74-117 § 5 (1, 2, 3); prior code § 39-36 (part)]
A.
Should any person or persons owning real property bordering on any street fail to prune or remove trees or shrubs as provided in Section 8.14.280, the City arborist shall order such person or persons, by written notice in accordance with the procedures as specified in Section 8.14.350, to prune or remove such tree or shrubs.
B.
The notice and order required in subsection A of this section shall be served by sending the order and notice to the property owner as listed in Scott County Parcel Query.
C.
If the property owner fails to maintain the property as required under this chapter and after notice is given as provided in this chapter, the arborist shall order the work to be done. The total cost and expense of the work to be done, including any administrative fees, shall be paid by the property owner. Failure to pay shall result in the cost being assessed against the property as provided by law.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 76-442 § 1 (part); Ord. 74-117 § 6; prior code § 39-37]
A.
Unless specifically authorized by the City arborist, no person shall damage, cut, carve, transplant or remove any tree or shrub; attach any rope, wire, nails, or other contrivance to any tree or shrub; expose public trees or shrubs to any gaseous, liquid or solid substance which is harmful to such trees or shrubs or vegetation, or to impede the free entrance of water or air to the roots; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub on City property or in City right-of-way.
B.
No spurs or climbers which injure the bark of a tree on City property or in the City right-of-way shall be used as an aid to climbing such tree except when such tree is to be removed as authorized by the City arborist.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 76-442 § 1 (part); Ord. 74-117 § 8; prior code § 39-39]
No person shall hinder, prevent, delay or interfere with the City arborist or assigned staff while engaged in carrying out the execution or enforcement of this article; provided however, that nothing in this article shall be construed as an attempt to prohibit the pursuit of any remedy legal or equitable in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.
[Ord. 2019-58]
A.
Protection.
1.
All trees or shrubs and their root systems on City property or in the City right-of-way shall be protected from damages or disturbances by infrastructure maintenance and construction activities The City arborist shall determine any physical protection or precautions required during construction, boring or excavation adjacent to trees or shrubs on City property or in the right-of-way.
B.
Replacement. Any person injuring, damaging or destroying vegetation in violation of this article shall in addition to any other penalty imposed by this article be required to repair or replace the vegetation damaged as and to the extent deemed necessary by the City arborist.
C.
All changes or improvements to land use shall meet tree requirements established pursuant to the City zoning and subdivision regulations.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); Ord. 76-442 § 1 (part); Ord. 74-117 § 10; prior code § 39-41]
A.
No person shall deposit, place, store, or maintain any stone, brick, sand, concrete or other materials on City property or in the City right-of-way which may impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein, except by written authorization of the City arborist.
[Ord. 2019-58; Ord. 2002-31 § 3 (part); New; Ord. 76-442 § 1 (part); Ord. 74-117 § 11; prior code § 39-42]
[Ord. 2019-58; Ord. 2018-442; Ord. 2002-31 § 3 (part); New; Ord. 76-442 § 1 (part); Ord. 74-117 § 12; prior code § 39-43]
Anyone who violates the provisions of this article is guilty of a municipal infraction and upon conviction shall be fined as follows: