[Ord. No. 1103, 5-12-2021]
To enhance the quality of life and the present and future health,
safety, and welfare of all citizens, to enhance property values, and
to ensure proper planting and care of trees on public property, the
City Council herein delegates the authority and responsibility for
managing public trees, establishes practices governing the planting
and care of trees on public property, and makes provision for the
emergency removal of trees on private property under certain conditions.
[Ord. No. 1103, 5-12-2021]
As used in this Article, the following words and phrases shall
have the meanings indicated:
Any injury to or destruction of a tree, including but not
limited to, uprooting; severance of all or part of the root system
or main trunk; storage of material on or compaction of surrounding
soil; a substantial change in the natural grade above a root system
or around a trunk; surrounding the tree with impervious paving materials;
or any trauma caused by accident or collision.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; or threatens public health,
safety and welfare.
The area along a public street between the curb and the sidewalk;
or if there is no curb or sidewalk, the unpaved portion of the area
between the street right-of-way line and the paved portion of the
street or alley.
All grounds and rights-of-way (ROWs) owned or maintained
by the City.
Any tree or woody vegetation on City-owned or City-maintained
property or rights-of-way.
The non-standard practice of cutting back of limbs to stubs
within a tree's crown to such a degree as to remove the normal
canopy and disfigure the tree.
[Ord. No. 1103, 5-12-2021]
A.
Delegation Of Authority And Responsibility. The Liaison of the Park
Department and/or his/her designee, hereinafter referred to as the
"Director," shall have full authority and responsibility to plant,
prune, maintain and remove trees and woody plants growing in or upon
all municipal streets, rights-of-way, City parks, and other public
property. This shall include the removal of trees that may threaten
electrical, telephone, gas, or any municipal water or sewer line,
or any tree that is affected by fungus, insect, or other pest disease.
B.
Coordination Among City Departments. All City departments will coordinate
as necessary with the Director and will provide services as required
to ensure compliance with this Chapter as it relates to streets, alleys,
rights-of-way, drainage, easements and other public properties not
under direct jurisdiction of the Director.
C.
Interference. No person shall hinder, prevent, delay, or interfere
with the Director or his agents while engaged in carrying out the
execution or enforcement of this Chapter.
[Ord. No. 1103, 5-12-2021]
A.
Standards. All planting and maintenance of public trees shall conform
to the American National Standards Institute (ANSI) A-300 "Standards
for Tree Care Operations" and shall follow all tree care best management
practices (BMPs) published by the International Society of Arboriculture.
B.
Requirements Of Franchise Utility Companies. The maintenance of public
trees for utility clearance shall conform to all applicable utility
industry standards.
C.
Tree Species List. The Director shall develop and maintain an official
list of desirable tree species for planting on public property in
two (2) size classes: ornamental [twenty (20) feet or less in height
at maturity] and shade [greater than twenty (20) feet at maturity].
Only trees from this approved list may be planted without written
approval from the Director.
D.
Planting Distances. The Director shall develop and maintain an official
set of spacing requirements for the planting of trees on public property.
No tree may be planted within the visibility triangle of a street
intersection or within ten (10) feet of a fire hydrant.
E.
Planting Trees Under Electric Utility Lines. Only trees listed as
ornamental trees on the official City tree species list may be planted
under or within fifteen (15) lateral feet of any overhead utility
wire.
F.
Protection Of Public Trees During Construction. Any person, firm,
corporation, or City department performing construction near any public
tree must employ appropriate measures to protect the tree, including,
but not limited to, placing barriers around the tree to prevent damage.
[Ord. No. 1103, 5-12-2021]
A.
It shall be unlawful for any person, firm or corporation to damage,
remove, or cause the damage or removal of a tree on public property
without written permission from the Director.
B.
It shall be unlawful for any person, firm or corporation to attach
any cable, wire or signs or any other object to any street, park,
or public tree.
C.
It shall be unlawful for any person, firm or corporation to top any
public tree. Trees severely damaged by storms or other causes, where
best pruning practices are impractical, may be exempted from this
provision at the determination of the Director.
[Ord. No. 1103, 5-12-2021]
A.
The owner of land adjacent to any City street or highway, when acting
within the provisions of this Chapter, may plant and maintain trees
in the adjacent parkway area. Property owners are responsible for
the reasonable and routine maintenance of trees and other landscaping
in the adjacent parkway area.
B.
No property owner shall allow a tree, or other plant growing on his
or her property or within the adjacent parkway to obstruct or interfere
with pedestrians or the view of drivers, thereby creating a hazard.
If an obstruction persists, the Director shall notify the property
owner to prune or remove the tree or plant. If the owner fails to
comply with the notice, the City may undertake the necessary work
and charge the cost to the property owner.
[Ord. No. 1103, 5-12-2021]
A.
Any tree, or limb thereof, on private property determined by the
Director to have contracted a lethal, communicable disease or insect;
to be dead or dying; to obstruct the view of traffic signs or the
free passage of pedestrians or vehicles; or that threatens public
health, safety, and welfare is declared a nuisance, and the City may
require its treatment or removal.
B.
Private property owners have the duty, at their own expense, to remove
or treat nuisance trees on their property. The City may remove such
trees at the owner's expense if the owner does not comply with
treatment and/or removal as specified by the Director within the written
notification period.
[Ord. No. 1103, 5-12-2021]
Any person, firm or corporation violating any provision of this
Ordinance shall be deemed guilty of a misdemeanor and shall be subject
to a fine not to exceed five hundred dollars ($500.00) for each offense.
[Ord. No. 1103, 5-12-2021]
All appeals to a violation shall be heard by the Board of Aldermen.
