[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)]
[1]
Editor's Note: Section 8.14.220, formerly codified as Section
12.52.220, previously contained herein, has been deleted in its entirety
by the recodification of the 1990 Code.
[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.
[1]
Editor's Note: Section 8.14.310, formerly codified as Section
12.52.310, previously contained herein, has been deleted by the recodification
of the 1990 Code.
[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:
