[Ord. No. 567, § 1, 3-10-1981]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
- Is any person, firm or company which engages in tree planting, pruning, fertilization, spraying, removal or other tree maintenance activities for payment or other remuneration.
- Includes all public parks.
- PUBLIC PLACES
- Includes all property owned by the city.
- PUBLIC TREES
- Are all shade and ornamental trees now or hereafter growing on any street or in any public place or park.
- Is any woody, perennial plant having a well-defined main stem with a minimum diameter of one inch at 4 1/2 feet above ground level.
[Ord. No. 567, § 2, 3-10-1981]
A shade tree committee shall be established. Its membership shall be composed of:
The street and sanitation commissioner,
The city forester, and
Six citizens of the city appointed by the board of city commissioners.
Appointments made by the president of the board of city commissioners shall be subject to confirmation by the majority of the members of the city commission.
The shade tree committee shall:
Study the problems and determine the needs of the city in relation to the planting, maintenance, and removal of public trees.
Act as an advisory board to the city forester and other city officials.
Aid in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the city.
[Ord. No. 567, § 2, 3-10-1981]
The position of city forester is created to be filled by appointment of the city commission.
The city forester shall:
Regulate the planting, maintenance, and removal of public trees to insure safety or to preserve the aesthetics of public places.
Develop and amend as necessary the rules and regulations of the arboricultural specifications and standards of practice of the city.
Enforce the provisions of this chapter.
[Ord. No. 567, § 2, 3-10-1981]
The city commission shall have the right to review the conduct, acts and decisions of the shade tree committee and the city forester. Any person may appeal from any ruling or order of the shade tree committee or city forester to the city commission who may hear the matter and make the final decision.
[Ord. No. 567, § 3, 3-10-1981]
No person shall intentionally damage, cut, or carve any public tree; attach any rope, wire, nails, advertising posters, or other contrivance to any public tree; allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire to or permit any fire to burn when such fire or the heat from the fire will injure any portion of the tree.
It shall be unlawful for any person, firm or company to top any public tree. Topping is the severe cutting back of limbs to large stubs within the tree's crown to such a degree as to remove the normal crown, destroy the natural branching pattern, and disfigure the tree.
No person shall remove any public tree without written permission from the city forester.
It shall be unlawful for any person to prevent, delay or interfere with the shade tree committee, city forester or any of their agents while engaging in the planting, cultivation, mulching, pruning, spraying or removing of any public trees or trees on private grounds, as authorized in this chapter.
[Ord. No. 567, § 4, 3-10-1981; Ord. No. 949, 5-8-2012]
Any person or firm in the business or occupation of planting, pruning, treating or removing trees within the city must procure a license. Before any license shall be issued, proof of liability insurance in the amount of $1,000,000 shall be filed.
A license fee of $100 shall be paid annually in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors.
All work performed on public trees must comply with the arboricultural specifications and standards of practice of the city.
[Ord. No. 567, § 4, 3-10-1981]
Any person who violates or fails to comply with any provision of Section 17.5-5 and 17.5-6 shall be subject to a fine of not more than $100 or imprisonment for not more than 30 days or both such fine and imprisonment.
[Ord. No. 567, § 5, 3-10-1981]
All trees and shrubs within the city shall be pruned or removed when such trees or shrubs constitute a hazard to life or property. All trees and shrubs within the city shall be pruned, removed, or appropriately treated when such trees or shrubs harbor insects or disease which constitute a threat to other trees and shrubs within the city. Such hazards include:
Any tree, shrub, or hedge, or any part of such, which is diseased or overaged and is clearly deteriorating;
Any living or standing elm tree (Ulmus spp.), or any part of any tree, infected to any degree with the Dutch Elm Disease fungus (Ceratocystis ulmi), or which harbors any of the elm bark beetles capable of transmitting this fungus (Scolytus multistriatus or Hylurgopinus rufipes);
Any dead elm tree or part of any tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and properly disposed of;
Any tree, shrub, or hedge, or any part of such which is obstructing or shading street lights, obstructing the passage of pedestrians on sidewalks, obstructing the vision of traffic signs, or obstructing the view of any street or alley intersection.
The city shall have the power and authority to prune, remove or treat or order to prune, remove, or treat any such trees or shrubs on private property. The city forester shall notify in writing, by registered mail, the owners of such trees or shrubs. Pruning, removal or treatment shall be done by the owners at their own expense within 30 days after notification.
Upon the failure, neglect, or refusal of any owner so notified to prune, remove or treat the specified trees and shrubs, the city forester shall have the authority to prune, remove or treat the specified trees or shrubs.
When the city forester has effected the pruning, removal or treatment of such hazardous trees or shrubs, or has paid for their pruning, removal, or treatment the actual cost thereof, if not paid by the owner of the specified trees and shrubs, shall be charged and assessed against the property upon which the hazardous trees and shrubs were growing.