It is the purpose of this ordinance to preserve and enhance the natural beauty of the City of Lincoln, to protect the health and safety of the residents of the City, and to protect the environment by providing for the regulation of the planting, maintenance, protection and removal of trees within the City in order to accomplish the following objectives:
A. 
To create a desirable environment for residents.
B. 
To moderate effects of sun, wind and temperature changes.
C. 
To buffer noise, air and visual pollution.
D. 
To filter pollutants from the air and release oxygen.
E. 
To decrease stormwater runoff.
F. 
To provide habitat for wildlife.
G. 
To increase property values and protect investments.
H. 
To preserve desirable trees.
I. 
To help preserve river and stream banks.
J. 
To screen incompatible land uses.
K. 
To encourage public education about trees and their value to the community.
L. 
To promote energy conservation.
The following terms are defined as they are used within this ordinance.
COMMERCIAL TREE SERVICE
Any person who performs work on trees for profit.
DIAMETER BREAST HEIGHT (DBH)
The diameter of a tree measured at a point 4 1/2 feet above the ground. If a tree splits into multiple trunks, the trunk is measured at its narrowest point below the split.
DRIPLINE
An imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
HAZARDOUS TREE
A tree or tree parts with a high probability of falling or causing injury or property loss; also, a tree harboring insects or a disease that could be detrimental to surrounding trees.
LANDMARK TREE
Any tree located on public property, listed with the state or national registry or cited in the City's tree registry as being historically significant by age, species, form or location.
PERSON
Any individual, firm, corporation, partnership, business, group of individuals, City department or other entity which acts singly or collectively for a common purpose.
PUBLIC GROUNDS
Areas owned and/or maintained by the City, including rights-of-way, streets, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other City-owned and maintained areas designated as public.
RARE TREE
A tree with a DBH of 24 inches or more for large-growing species and eight inches or more for small-growing species or that is representative of an uncommon or endangered species.
SIGHT TRIANGLE
The area encompassed within the triangular area formed by the right-of-way lines abutting the intersection and a line connecting points on these street lot lines at a distance of 25 feet from the point of intersection of each right-of-way line.
TOPPING
The severe removal of the tree canopy back to large stubs. It is also known as "stubbing," "dehorning," "pollarding" and "heading."
TREE
Any self-supporting, woody, perennial plant, usually having a main stem or trunk and many branches, and, at maturity, normally attaining a trunk diameter greater than three inches DBH and a height of over 10 feet.
There shall be a Tree Advisory Committee consisting of no fewer than five individuals appointed to serve by the Mayor pursuant to the City's normal board and committee appointment procedures. Members shall serve a three-year term and may be reappointed indefinitely. The initial members shall draw lots with one serving a one-year term, two serving a two-year term and two serving a three-year term in order to provide for staggered terms. The Tree Advisory Committee shall be advisory in nature with the purpose of providing advice to the City Council, Mayor and other City officials as to the management of the urban forest within the City. The Tree Advisory Committee shall be responsible for drafting the City's annual forest plan for presentation to the City Council.
It is the public policy of the City of Lincoln to encourage the planting of trees and to maintain existing trees within the City to the extent possible.
A. 
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the public rights-of-way of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve and enhance the symmetry and beauty of such public grounds.
B. 
The City shall have the right to prune or remove any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device, sign or sight triangle at intersections.
C. 
The City and its employees shall follow the guidelines of the City's annual forest plan in carrying out their duties under this ordinance.
D. 
City employees performing tree work on public grounds shall attend an educational workshop on basic tree science and the proper techniques of tree pruning.
E. 
Trees shall not be planted where they may conceal a fire hydrant from the street, where they impede the line of sight on any street or intersection, or where they may interfere with underground or overhead utilities.
F. 
Trees may not be removed from public grounds without first obtaining written approval from the City's Code Enforcement Officer. Trees on public grounds may not be topped.
G. 
It shall be a violation of this ordinance to damage, destroy or mutilate any tree on public grounds or to attach a rope, wire, sign, poster, handbill or any other object to any such tree unless prior written approval is received from the City's Code Enforcement Officer.
Any commercial tree service performing any pruning, cutting, stump removal, spraying or any other service to trees on public grounds shall first demonstrate that the supervisory personnel directly overseeing the work within the City have appropriate training in tree pruning and maintenance.
A. 
Every owner of any tree overhanging a street or sidewalk within the City is responsible for pruning the branches so that such branches shall not obstruct vehicles or pedestrians, nor shall they obstruct the view of traffic control signals or sight triangles at intersections. Further, all property owners shall cause the removal of any obviously dead or diseased trees on their property whenever such trees constitute a hazard to life or property, or harbor insects or disease which constitute a potential threat to other trees.
B. 
If property owners fail to perform the duties required in Subsection A above, after 30 calendar days' written notice from the City's Code Enforcement Officer, mailed via certified mail, return receipt requested, to the property owner's last known address and posted on the offending tree or trees, then the City shall have the right to enter upon the property and have said tree and/or branches cut and removed, and the cost thereof shall be charged against the premises and shall constitute a lien thereon.
C. 
The lien imposed in Subsection B above may be enforced by the City under A.C.A. § 14-54-1501 or may be certified to the County Tax Collector and placed on the tax books as a delinquent tax.
Subdivision and development plans submitted to the Planning Commission for approval shall include a landscape plan. Such landscape plan shall show existing trees, any trees removed within the prior year and any trees proposed to be planted, and shall note the size and species of all trees indicated. The Planning Commission may require trees to be planted along any of the streets, parking lots, parks or other public places when reviewing and approving development plans.
Any person violating any provision of this ordinance shall, upon conviction or a plea of guilty, be subject to a fine of not less than $100 and not to exceed $1,000 for each separate offense. Each tree involved shall constitute a separate offense.