The city shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds, as may be necessary to
insure public safety or to preserve or enhance the symmetry and beauty
of such public grounds. The city administrator may remove, or cause
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, streets or other public improvements,
or is affected with any injurious fungus, insect or other pest. Any
portion of any tree planted on public or private property which overhangs
any street so that any part is less than 15 feet above the paved portion
of the street is presumed to be a public nuisance and that portion
of the tree in violation may be abated by the city administrator or
his designee.
(Ordinance 06082021-1 adopted 6/8/2021)
The city or its agent shall have the right to plant, prune,
maintain and remove trees, shrubs, bushes or other woody vegetation
on any land owned by the city in order to enhance the city operations,
to ensure public safety, to preserve or enhance the symmetry and beauty
of public trees, or to protect sewers, electric power lines, gas lines,
water lines or other public improvements.
(Ordinance 06082021-1 adopted 6/8/2021)
Every owner of any tree overhanging any sidewalk or walkway
within the city shall prune the branches so that there shall be a
clear space of six (6) feet above the surface of the adjacent sidewalk.
Every owner of any tree, bush, or shrub shall prune the branches so
that such branches will not obstruct the view of any street intersection,
obstruct the view of any traffic entering an intersection or obstruct
the view of any traffic-control device or sign. Further, said owners
shall remove all dead or diseased trees, trees which constitute a
threat to the safety of the public, broken or decayed limbs which
constitute a threat to the safety of the public, or any tree which
by reason of its nature or location is injurious to sewers, electric
power lines, gas lines, water lines or other public improvements,
or is a nuisance as defined under this article.
(Ordinance 06082021-1 adopted 6/8/2021)
It shall be unlawful for any person to prevent, delay or interfere
with the city or its agent, while engaging in the performance or enforcement
of any of the provisions contained in this article.
(Ordinance 06082021-1 adopted 6/8/2021)
Any person who shall violate any of the provisions of this article or who shall fail to comply with any of the provisions of this article, or who shall plant or maintain a tree or other applicable growth in violation of this article, shall be guilty of a misdemeanor and shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day such violation shall be continued or shall be allowed to continue to exist shall constitute a separate offense.
(Ordinance 06082021-1 adopted 6/8/2021; Ordinance adopting 2022 Code)
