[Ord. 735, 10-2-1989; amended by Ord. 766, 5-7-1990]
For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them herein:
Trees, shrubs, bushes and all other woody vegetation with
a total height in excess of 40 feet at maturity.
Trees, shrubs, bushes and all other woody vegetation with
a total height from 30 to 40 feet at maturity.
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all areas owned by the City, or
to which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation with
a total height of 30 feet or less at maturity.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all streets, avenues,
or ways within the City.
[Ord. 735, 10-2-1989]
There is hereby created and established a City Tree Board for
the City which shall consist of five members, citizens and residents
of this City, who shall be appointed by the Mayor with the approval
of the Council.
[Ord. 735, 10-2-1989]
The term of the five persons to be appointed by the Mayor shall
be three years except that the term of two of the members appointed
to the first Board shall be for only one year and the term of two
members of the first Board shall be for two years. In the event that
a vacancy shall occur during the term of any member, his successor
shall be appointed for the unexpired portion of the term.
[Ord. 735, 10-2-1989]
Members of the Board shall serve without compensation.
[Ord. 735, 10-2-1989; amended by Ord. 766, 5-7-1990]
A.
It is the responsibility of the Board to study, investigate, counsel
and develop or update annually a written plan for the care, preservation,
trimming, planting, replanting, removal or disposition of trees and
shrubs in public ways, streets and alleys. Such plan will be presented
annually to the City Council and upon their acceptance and approval
shall constitute the Official Comprehensive City Tree Plan for the
City.
B.
The owner of land abutting on any street may, when acting within
the provisions of this chapter, prune, spray, plant or remove trees
in that part of the street abutting his land not used for public travel.
A street tree permit shall be required only when the owner of property
intends to deviate from the rules and regulations contained in this
chapter.
C.
The Board, when requested by the City Council, shall consider, investigate,
make finding, report and recommend upon any special matter of question
coming within the scope of its work.
[Ord. 735, 10-2-1989]
The Board shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
[Ord. 735, 10-2-1989]
A.
The following list constitutes the species of trees which are specifically
prohibited from being planted as street trees in the City. These trees
may not be planted as street trees without approval of the City Council:
[Ord. 735, 10-2-1989; amended by Ord. 766, 5-7-1990]
The spacing of street trees will be in accordance with the three
species size classes defined in this chapter. No tree may be planted
closer than the following:
|
Size Class
|
Distance
|
|---|---|
|
Small trees
|
30 feet
|
|
Medium trees
|
40 feet
|
|
Large trees
|
50 feet
|
[Ord. 735, 10-2-1989]
The distance trees may be planted from curbs or curblines and
sidewalks will be in accordance with the tree species size classes
defined in this chapter. No trees may be planted closer to any curb
or sidewalk than the following:
|
Size Class
|
Distance
|
|---|---|
|
Small trees
|
4 feet
|
|
Medium trees
|
6 feet
|
|
Large trees
|
8 feet
|
[Ord. 735, 10-2-1989]
No street trees shall be planted closer than 20 feet of any
street corner, measured from the point of nearest intersecting curbs
or curb lines. No street tree shall be planted closer than 10 feet
of any fireplug.
[Ord. 735, 10-2-1989; amended by Ord. 766, 5-7-1990]
No street trees other than those species defined as small trees
in this chapter may be planted under or within 10 lateral feet of
any overhead utility wire, or over or within five lateral feet of
any underground water line, sewer line, transmission line or other
utility.
[Ord. 735, 10-2-1989]
The City shall have the right to plant, trim, spray, preserve
and remove trees, plants, and shrubs within the lines of all streets,
alleys, avenues, lanes, squares and public grounds as may be necessary
to ensure safety when servicing City utilities or to preserve the
symmetry and beauty of such public grounds. The City Tree Board may
remove or cause or order to be removed, any tree or part thereof which
is in an unsafe condition or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public
improvements, or other pest.
[Ord. 735, 10-2-1989]
Every owner of any tree overhanging any street or right of way
within the City shall trim the branches so that such branches shall
not obstruct the light from any street lamp or obstruct the view of
any street intersection and so that there shall be a clear space of
eight feet above the surface of the street or right of way. The owners
shall remove all dead, diseased or dangerous trees, or broken or decayed
limbs which constitute a menace to the safety of the public. The City
shall have the right to trim 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 or sign, such trimming to be confined to the area immediately
above the right of way.
[Ord. 735, 10-2-1989]
The City shall have the right to cause the removal of any dead
or diseased trees on private property within the City, when such trees
constitute a hazard to life and property, or harbor insects or disease
which constitute a potential threat to other trees within the City.
The City Tree Board will notify in writing the owners of such trees.
Removal shall be done by the owners at their own expense within 60
days after the date of service of notice. In the event of failure
of owners to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost of removal on the
owner property tax notice.
[Ord. 735, 10-2-1989]
It shall be unlawful for any person to prevent, delay or interfere
with the City Tree Board, or any of his agents, or servants while
engaging in and about the planting, cultivating, mulching, pruning,
spraying, or removing of any street trees, park trees, or trees on
private grounds, as authorized in this chapter.
[Ord. 735, 10-2-1989]
It shall be unlawful for any person or firm to engage in the
business or occupation of trimming, pruning, treating, or removing
street or park trees within the City without first applying for and
procuring a license. The license fee shall be as set by Council and
paid in advance. No license shall be required of any public service
company or City employee doing such work in the pursuit of their public
service endeavors. Before any license shall be issued, each applicant
shall first file evidence of possession of liability insurance in
the minimum amounts of $25,000 bodily injury and $5,000 property damage
indemnifying the City or any person injured or damaged resulting from
the pursuit of such endeavors as herein described.
[Ord. 735, 10-2-1989]
The City Council shall have the right to review the conduct,
acts and decisions of the City Tree Board. Any person may appeal from
any ruling or order of the City Tree Board to the City Council who
may hear the matter and make final decision.
[Ord. 735, 10-2-1989]
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a fine as provided in Section 1-108 of this Code.
