[R.O. 1966 § 18:1-1; Ord. 6PSF-F, 6-15-2016]
As used in this chapter.
PLANT
Shall mean and include, but not by way of limitation, hedge,
brush, shrubs or shrubbery, and flowers, or any part thereof, planted
or growing in any public street or City park.
TREE
Shall mean and include any portion of a tree.
[R.O. 1966 § 18:1-2; Ord. 6PSF-F, 6-15-2016]
No person shall cut, break, climb or injure any tree or plant
growing or planted in any public street or City park, or cause, authorize
or procure any person to cut, break, climb or injure any such tree
or plant without written permission of the Director of the Department
of Public Works.
[R.O. 1966 § 18:1-3; Ord. 6PSF-F, 6-15-2016]
No person shall trim, cut or prune any tree in or on a public
street without written permission of the Director of Public Works.
If the Director shall determine that the proposed trimming, cutting
or pruning is necessary, and the proposed method and workmanship thereof
is approved, the Director of Public Works shall issue a written permit
for such work to be performed and all work done under such permit
shall be performed in strict accordance with any terms contained in
the permit.
[R.O. 1966 § 18:1-4; Ord. 6PSF-F, 6-15-2016]
No person shall plant or set out, or cause or authorize or procure
any person to plant or set out any shade tree in or on any part of
any public street or City park without first obtaining from the Director,
Department of Public Works a written permit so to do. All planting
and other work done pursuant to such permit shall be performed in
strict accordance with the terms contained in the permit.
[R.O. 1966 § 18:1-5; Ord. 6PSF-F, 6-15-2016; amended 8-2-2023 by Ord. No. 6PSF-C,
08-02-2023]
a. No person shall remove, kill or destroy or cause, authorize or procure
any person to remove, kill or destroy any tree planted or growing
in any public street or any tree or plant planted or growing in any
City park except as otherwise provided in paragraph b of this section.
b. Any person desiring to remove any tree in a public street may apply
to the Department of Public Works. If the Director of the Department
of Public Works shall determine that the proposed removal is necessary,
the Director shall issue a written permit for such work to be performed
and all work done under such permit shall be performed in strict accordance
with any terms contained in the permit.
c. Any person desiring to remove, destroy or cut down any tree located
on private property may apply to the Department of Public Works to
obtain a written permit for such work to be performed and pay the
required fee, said fee to be determined by the Department of Public
Works. If the Director of the Department of Public Works shall approve
the proposed work to be performed, he/she shall issue a written permit
for such work to be performed in strict accordance with said permit
and any terms contained therein.
[R.O. 1966 § 18:1-6; Ord. 6PSF-F, 6-15-2016]
a. No person shall, except with written permit of the Department of
Public Works, place or maintain upon the ground in or along any public
street or City park, any stone, concrete, cement or other substance
in such manner as may obstruct or impede the free access of air and
water to the roots of any tree in such street or park.
b. Unless otherwise provided for in the written permit, an open area
at least six square feet of open ground shall always be maintained
around any shade tree with a trunk diameter of up to three inches
at the base; and for every two inches of increase in such diameter,
there shall be an increase of at least one square foot of open ground
maintained about the base of such tree.
[R.O. 1966 § 18:1-7]
a. No person shall cause or allow any gas or other substance deleterious
to tree life to come in contact with the soil surrounding the roots
of any tree in any public street or any tree or plant in any City
park in such manner as shall injure, kill or destroy such tree or
plant.
b. No person shall cause, authorize or procure any brine water, oil,
liquid dye or other substance deleterious to tree life to lie, leak,
pour, flow or drip on or into the soil about the base of a tree in
any public street or City park or onto a sidewalk, road or pavement
therein at a point whence such substance may, by lying on or by flowing,
dripping or seeping into such soil, or in any other manner whatever,
injure such tree; or cause or procure such lying, leaking, flowing,
dripping, seeping or injuring.
[R.O. 1966 § 18:1-8]
No person shall injure, misuse or remove, or cause, authorize
or procure any person to injure, misuse or remove any device set or
installed for the protection of any tree or plant in any public street
or City park.
[R.O. 1966 § 18:1-9]
No person shall cause, authorize or procure a wire or other
conductor, charged with electricity, to come into contact with any
tree in a public street or any tree or plant in a City park in such
manner as may injure, abrade, destroy or kill such tree or plant.
[R.O. 1966 § 18:1-10; Ord. 6PSF-F, 6-15-2016]
a. No person shall attach or keep attached any rope, wire, poster, sign
or any other device to any tree in any public street or to any tree
or plant in any City park or to any guard or stake intended for the
protection of such tree or plant, except as provided in paragraph
b of this section.
b. Upon application made to the Department of Public Works, the Department
may grant permission for attachments to be made upon the condition
that said attachments will be made and maintained in accordance with
the requirements of the Department for the protection of the tree
or plant against damage from any such attachment permitted.
[R.O. 1966 § 18:1-11]
No person shall:
a. Tie any animal to any tree in any public street or to any tree or
plant in any City park; or
b. Allow or cause any animal in his/her charge to injure any such tree
or plant.
[R.O. 1966 § 18:1-12]
During the erection, repair, alteration or removal of any building,
the owner or contractor performing the work shall place guards around
all trees in or on the street in the vicinity of such work so as to
effectively prevent damage or injury to such trees.
CROSS REFERENCE: For required protective structures during building construction or demolition, see Section 29:5-28 of the Revised General Ordinances.
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[R.O. 1966 § 18:1-13]
No person shall interfere or cause, authorize or procure any
interference with authorized City employees while the employees are
engaged in and about:
a. The planting, cultivating, mulching, pruning, spraying of any tree
or plant in any public street or City park;
b. The removal of any attachment to any such tree or plant;
c. The removal of stone, cement or other material as may be necessary for the protection and care of any such tree in accordance with the requirements of Section
27:1-6.
[R.O. 1966 § 18:1-14]
Nothing contained in the provisions of this chapter shall be
deemed to apply to any City employee or agent of the City while engaged
in or carrying out his/her authorized municipal functions and duties.
[R.O. 1966 § 18:1-15]
Any person who violates any provisions of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.