This article will be known and may be cited as the tree maintenance regulations.
(Ordinance 07-01-09-E, sec. 2 (6.201), adopted 1/9/07)
Tree.
A self-supporting woody perennial plant, excluding a bush or shrub.
(Ordinance 07-01-09-E, sec. 2 (6.202), adopted 1/9/07)
(a) 
Any person violating this article, upon conviction, is punishable by a fine in accordance with the general penalty provisions found in section 1.01.009 of this code.
(b) 
Nothing in this article shall prevent the city from enforcing the provisions of this article by any legal means available, including injunction.
(Ordinance 07-01-09-E, sec. 2 (6.209) adopted 1/9/07)
(a) 
Any person engaged in the business of tree maintenance or site development by pruning, trimming or removing of trees shall be required to apply for a permit to trim or cut any tree within the city limits or extraterritorial jurisdiction in accordance with section 26.03.009 of this article for purposes other than protecting the public from an immediate danger. In addition to the permit requirements if applicable, trimming or removing of oak trees shall be conducted only during the time period July 1 through February 1 unless a waiver allowing oak tree trimming or removal at another time is obtained under subsection (b). The surface of any cut shall be treated immediately with an approved tree wound dressing to seal the exposed surface from contamination. An application using an aerosol-type dressing is preferred. Any wounds, whether made by trimming, construction or accident, must be treated immediately with an approved tree wound dressing to seal the surface from contamination.
(b) 
The city manager may grant a waiver from the time period specified in subsection (a) that allows trimming or removing of oak trees during a different specified time period if an applicant provides a written procedure approved by an arborist that adequately demonstrates that such trimming at such alternate time will not increase the risk of spread of oak wilt, that the arborist possesses the necessary qualifications and experience to determine the same and the arborist will be on site during the trimming or removal process to oversee the procedure. Such waiver shall be issued in the same manner and subject to the same requirements as a permit issued under section 26.03.009.
(Ordinance 165 adopted 9/10/13)
All oak firewood should be stored under clear plastic unless all bark is removed, and should not be stored next to healthy trees. Firewood should not be cut from diseased red oak trees.
(Ordinance 07-01-09-E, sec. 2 (6.204) adopted 1/9/07)
Equipment used for trimming or cutting of oak trees by persons subject to the permit requirements described by section 26.03.009 of this article shall be sterilized after each tree is completely cut and before proceeding to the next tree. A solution of 9 parts water to one part bleach, or a solution of 80% alcohol, is recommended for sterilization of all trimming equipment.
(Ordinance 07-01-09-E, sec. 2 (6.205), adopted 1/9/07)
It shall be the duty of the occupant, owner or agent of every premises in the city to keep all trees and shrubs on his premises well trimmed so that they will not overhang the sidewalks or streets in such manner as to interfere with free passage over the same. Such abutting property owners, occupants and agents shall further keep the streets and sidewalks adjoining their property free from debris.
(Ordinance 07-01-09-E, sec. 2 (6.206), adopted 1/9/07)
The enforcement officer or his authorized representative is authorized to enter upon any property within the city for the purpose of enforcing the provisions of this article and to ensure compliance with any permit issued. If the property is occupied, the city's representatives will first request permission to enter. If the property is not occupied, the city's representatives will make a reasonable effort to locate the owner or another person with control of the property to request permission to enter. If the city's representatives are denied permission to enter, and the city's representatives have probable cause to believe that a violation of this article exists on the property, the city's representatives may apply for a search warrant through the city's municipal court. The purpose of the warrant will be to determine if there is a violation of this article.
(Ordinance 07-01-09-E, sec. 2 (6.207), adopted 1/9/07)
(a) 
Any person engaged in the business of tree maintenance by pruning, trimming or removing of trees in the city shall secure an annual permit to do so from the city manager. This permit is in addition to all other business licenses required by this code.
(b) 
It shall be unlawful for any person to plant or cause to be planted any tree or shrub in any part of any public street or public property in the city without first obtaining a written permit therefor from the city manager. The permit shall designate the number, character and age of the trees or shrubs, and the line or place upon which the trees or shrubs are authorized to be planted.
(c) 
The city manager will issue a permit for tree maintenance or installation of trees in the public right-of-way, without charging a fee, upon receipt of the following information:
(1) 
The name, telephone number and address of the applicant and, if the applicant is an association, partnership, company or corporation, the name of such entity together with the names of the persons who will be performing the specified activity within the city;
(2) 
The names of other communities in which the applicant has performed tree maintenance or installation on city right-of-way in the previous twelve months and, if employed by a different company in the other communities, the name of those companies;
(3) 
An acknowledgment of receipt and review of the city's ordinances;
(4) 
Copies of any applicable certifications or licenses possessed by the applicant or its employees, agents or representatives related to tree activities;
(5) 
A copy of the applicant's current general liability and property damage insurance policies issued by an insurance company authorized to do business in the state, which policies shall be for the minimum amounts of $100,000.00 and $300,000.00 and shall remain in effect for the duration of the permit.
(d) 
The applicant and the applicant's employees, agents and representatives must possess the permit or a copy of the permit at all times while performing tree maintenance or installation of trees in the public right-of-way within the city.
(Ordinance 07-01-09-E, sec. 2 (6.208), adopted 1/9/07)