[Ord. 246, 12-7-1987; amended 11-20-2023 by Ord. No. 2023-1016]
The owner of record of real estate abutting upon a public street in the City may plant a tree or trees of approved species in the portion or portions of a street or streets abutting such real estate between the curbline of the street and the owner's property line, but only after gaining the approval thereof of the Street Superintendent or their designee in the manner following:
(A) 
The owner or owners of record of such real estate shall file a written request to the Street Superintendent. Said request shall be signed by said owner or owners, and shall state species, variety, and location.
[1960 Code, Sec. 5.24.090; amended 11-20-2023 by Ord. No. 2023-1016]
The Street Superintendent or their designee has the authority to remove trees planted in the City's right-of-way at their discretion.
[1960 Code, Sec. 5.24.100; amended 11-20-2023 by Ord. No. 2023-1016]
It shall be the duty of the owners or occupants of property adjacent to any of the streets, and alleys, or pedestrian pathways of the City to keep all trees growing upon their premises trimmed. Any owner or occupant failing to trim such trees as above provided within 10 days from the date of receiving notice to trim shall pay a fine of $75 for each tree so neglected to be trimmed, and it shall be the duty of the Street Superintendent forthwith to trim or cause the same to be trimmed, at the end of the ten-day period, at the expense of the homeowner; the notice above required may be given by said Street Superintendent or any member of the police force of the City, in writing, left with the owner or occupant or posted upon the premises where the obstructing trees may be growing. Any and all damage arising from a neglected tree shall be the sole responsibility of the homeowner. It shall be the duty of the Street Superintendent to keep all trees, growing upon any of the streets or public grounds of the City, trimmed in the manner and form as heretofore provided, unless the owners or occupants of adjacent property shall keep the same trimmed.
[1960 Code, Sec. 5.24.110; amended 11-20-2023 by Ord. No. 2023-1016]
No contractor or other person shall be permitted to cut or injure any tree standing in or along any street, alley or other public place within the City, without the consent of the Street Superintendent or their designee, under a penalty not exceeding $75.
[Ord. 692, 2-2-2009; amended 11-20-2023 by Ord. No. 2023-1016]
(A) 
The species of trees approved for planting upon City right-of-way or property are: ginkgo, Norway maple, Schwedleri maple, red maple, tulip, red oak, white oak, willow oak, scarlet oak, American linden, European linden, pin oak, and oriental plane, honey locust, and sycamore.
(B) 
In addition to the species of trees above permitted, other species of trees may be approved for planting along the streets of the City as may be specified by the Street Superintendent or their designee.
[1]
Editor's Note: Former Section 8-8-5, Changing Tree Line, adopted as 1960 Code, Sec. 5.24.120, was repealed 11-20-2023 by Ord. No. 2023-1016. This ordinance also renumbered former Sections 8-8-6 through 8-8-8 as Sections 8-8-5 through 8-8-7, respectively.
[Ord. 692, 2-2-2009; amended 11-20-2023 by Ord. No. 2023-1016]
(A) 
No person shall plant any of the following named trees in the streets of the City: evergreens, fruit and nut trees (except oak), box elder, silver maple, ailanthus, poplar, cottonwood, willow, catalpa, hackberry, dogwood, white fringe, or elm (including Chinese elm), sweet gum, and any species of ash tree.
(B) 
In addition, any owner of property that has a sweet gum tree, Chinese elm tree, or ash tree located within the City's right-of-way may request permission from the Street Superintendent to remove said tree at the owner's expense, via contractor or otherwise. Said removal must include grinding the stump, backfill, restoration, and must be performed by an insured contractor naming the City of Lincoln as an additional insured on the certificate of insurance. The approval of the request may be conditioned upon the agreement of the owner to replace the removed tree by planting a tree listed in Section 8-8-5 of this chapter.
[1960 Code, Sec. 5.24.070; amended 11-20-2023 by Ord. No. 2023-1016]
Any person who shall plant any tree or set any curb or construct any boulevard otherwise than as provided in Chapter 7 of this title and this chapter shall pay a fine of not less than $75 nor more than $500 for each offense; and the Street Superintendent shall at once remove such curb or tree.