[Ord. No. 2016-34]
(a) 
No person shall do, or cause to be done, any of the following acts upon public streets, highways, right-of-ways or parks or other lands under the Municipality's jurisdiction, or cause or permit the same to be done by any third party contractor or subcontractor, without obtaining the written approval of the enforcement officer, in accordance with subsection (b) below:
(1) 
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure, remove or destroy any tree or shrub or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
(2) 
Plant any tree or shrub.
(3) 
Fasten or affix any rope, wire, electric attachment, sign or other device to a tree or shrub.
(4) 
Place or maintain, or cause to be placed or maintained, in or upon the ground, any stone, cement, sidewalk, mortar, building material, impervious material or other substance that shall impede or prevent the free access of water, air or fertilizer to the roots of any tree or shrub or within the drip line of a tree or shrub.
(5) 
Place or cause to be placed any chemical or substance harmful to tree life, including but not limited to gasoline or oil, on any tree or shrub or within the drip line of any tree or shrub.
(6) 
Hitch or fasten an animal to any tree or shrub, or to any guard or support provided for the same, or permit any animal to bite or otherwise injure any tree or shrub.
(7) 
Hitch or fasten a bicycle or other personal property to any tree or shrub, or to any guard or support provided for the same.
(b) 
A person may request in writing the approval of the enforcement officer to undertake an activity otherwise prohibited in section 22-6(a) above. Within 20 business days of said written request, the enforcement officer shall, in his or her discretion, approve or deny the request. The failure of the enforcement officer to approve or deny the request within 20 business days shall constitute an approval of the request.
(c) 
Excepted from the requirements of this section are the following:
(1) 
The treatment of trees and shrubs by the appropriate public agency with the consent of the enforcement officer; and
(2) 
The management, including integrated pest management, of Ash (Fraxinus spp.) trees to protect against damage and/or loss of the trees due to infestation by the Emerald Ash Borer (Agrilus planipennis), with the consent of the enforcement officer.
[Ord. No. 2016-34]
If the limbs or branches of any trees or shrubs grown on any land in the Municipality extend over or into any of the public streets, highways or right-of-ways in the Municipality and interfere with the free and uninterrupted use of such streets, highways or right-of-ways for any lawful purpose, the enforcement officer shall notify and direct the owner of the premises on which such trees or shrubs may stand, or the agent of such owner, to trim or detach, on or before a time to be fixed in such notice, any limbs, branches or parts of trees or shrubs so extending in the street, highway or right-of-way in the Municipality. If the owner of any such trees or shrubs shall fail or neglect to comply with the terms of such notice, the enforcement officer is authorized and empowered to trim or detach, or cause to be trimmed or detached, any limbs, branches or parts of trees or shrubs so extending into the street, highway or right-of-way in the Municipality. Upon completion of such work, there shall be rendered, by the enforcement officer, to the owner of the premises on which such trees or shrubs stood and for whom such work was done, a bill for such work, showing the money expended by the Municipality therefor, and upon failure of the party for whom such work was done and such money expended to reimburse the Municipality within 60 days from the time of completion of such work, suit shall be brought in the name of the Municipality for the amount due in any court of competent jurisdiction.
[Ord. No. 2016-34]
Where any tree or shrub in any public street, highway or right-of-way in the Municipality may be surrounded at the base of its trunk by ground which is not open as required in section 22-6(a)(4) above, or by open ground of less quantity or measurement than that herein required in section 22-6(a)(4) above, it shall be the duty of the enforcement officer to notify the owner of the property in front of which any such tree or shrub may be to remove, within a time fixed in such notice, so much of the substance, material or other covering as may be necessary to give the space of open ground herein required. If the person so notified shall not remove the substance, material or covering by the time so fixed, the enforcement officer may do so, or cause the same to be done and, upon completion thereof, render a bill to the person so notified for the work done and the money expended therefor. If payment shall not be made within 60 days from the time of completion of such work, suit shall be brought in the name of the Municipality for the amount due in any court of competent jurisdiction.
[Ord. No. 2016-34]
Any person having control over any wire for the transmission of electric current or telephone, cable or any other utility service along a public street, highway or right-of-way shall at all times guard all trees and shrubs through which such wires pass against any injury from the wires or from the current carried by them. Prior to undertaking any work on the utility affecting any such tree or shrub, the utility company shall provide at least five days' prior written notice to the enforcement officer and abutting property owner of same. The device or means used shall be subject to the approval of the enforcement officer.