The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The director of parks and recreation or the director's designated
representative.
Any defined area in a street which centers between opposing
traffic lanes.
An individual, or public or private corporation or business,
other than the city or a department or employee of the city, or any
other governmental entity or its employee.
Any tree which has been designated to be preserved.
Any real and personal property owned or under the care, custody
and control of the city, including public facilities, buildings, parks,
streets, rights-of-way and median areas.
Any public right-of-way designed primarily for vehicular
traffic, and shall run from the curbline or the edge of the pavement
to the curbline or the edge of the pavement.
The severe cutting back of limbs to stubs within a tree's
crown to such a degree so as to remove the normal canopy, thereby
disfiguring the tree.
A woody perennial plant having one or more elongated stems;
such term also includes shrubs and bushes.
The parks and recreation board, while sitting formally as
the tree board.
(1999 Code, sec. 94-41)
It shall be unlawful for any person to violate any provision
of this article, and upon being found guilty of a violation [such
person] shall be subject to a fine not to exceed $500.00 for each
separate offense. Each day during which any violation of the provisions
of this article shall occur or continue shall be a separate offense.
Each tree affected by a person's violation of any provision of this
article shall be a separate offense. In addition, the city may enforce
the provisions of this article through injunction or any other legal
remedy.
(1999 Code, sec. 94-50)
The arborist shall have the duty and authority to administer
rules, regulations, and standards and specifications for tree care
adopted by the city council.
(1999 Code, sec. 94-48)
This article provides full power and authority over all trees
located on public property of the city.
(1999 Code, sec. 94-42)
There is hereby created and appointed the tree board of the
city, which shall be organized in the following manner and shall have
the following duties and responsibilities:
(1)
The board shall consist of the current members of the parks and recreation
board.
(2)
The terms of appointment and designation of the tree board shall
follow and be the same as the terms of appointment and designation
of the parks and recreation board.
(3)
The requirements for a quorum, the election of a chairperson and
vice-chairperson, the adoption of rules governing the procedures and
matters coming before the board, holding meetings, and the board's
relationship to the city council shall be governed by the same terms
which govern the parks and recreation board.
(4)
The secretary to the director of parks and recreation shall serve
as secretary for the board, taking the minutes and posting and furnishing
all necessary notices of meetings, which meetings shall be separately
posted and held separate from the parks and recreation board meetings.
(5)
The arborist or the arborist's duly appointed representative shall
serve as an ex officio nonvoting member of the board.
(6)
The duties and responsibilities of the board shall be expressly limited
to trees on public property regarding the following:
(A)
Recommend to the city council rules, regulations, policies and standards
and specifications for tree care, pursuant to the purpose and intent
of this article;
(B)
Be generally informed concerning any matters that relate to trees
and tree care in the city;
(C)
Regularly report and make recommendations to the city council regarding
all matters related to trees and tree care in the city;
(D)
Identify any problems or needs that exist in regard to trees and
tree care in the city and develop proposed solutions and recommendations;
(E)
Complete any special projects or requests of the city council relating
to trees and tree care; and
(F)
Hear citizen complaints or other comments regarding all matters related
to trees and tree care in the city.
(7)
The members of the board shall serve without compensation.
(8)
The board, at its discretion, may appoint special subcommittees on
various issues regarding trees and tree care. These subcommittees
shall consist of at least two members of the board appointed by the
full board and other subcommittee members appointed by the arborist.
The subcommittee shall appoint a chairman, who shall be one of the
board members and who shall report the subcommittee's activities to
the full board. Further duties of the subcommittee may be assigned
at the discretion of the board.
(1999 Code, sec. 94-46)
The arborist shall follow, supervise, and otherwise administer
this article upon public property. In addition, the arborist shall:
(1)
Designate which species of trees shall be planted on any public property.
No species other than what the arborist designates shall be planted
on public property without prior written approval from the arborist.
(2)
Prepare and keep records, maps or plans which show the kinds of trees
planted on public property, and the arborist shall make available
such records for inspection by the tree board.
(3)
Advise the tree board, the city council and the city manager of any
actions, recommendations or other plans which pertain to this article.
(4)
Study, investigate, plan, report or otherwise carry out issues before
the tree board regarding matters pertaining to this article, however,
subject to the sole direction and control of the city manager.
(5)
Prepare agendas and other information for tree board meetings.
(6)
Develop and update a comprehensive plan for the development, conservation
and care of trees on public property of the city.
(7)
Inform city residents and other persons on matters concerning tree
care and promotion.
(8)
Coordinate and conduct special projects for the betterment of trees
located on public property.
(1999 Code, sec. 94-43)
No person may plant, remove, cut above the ground, or otherwise
impact any tree on public property without first submitting a written
request to the arborist and receiving written permission from the
arborist. A drawing provided by the person and showing the proposed
plans must be attached to the person's request. The person receiving
approval shall comply with this article and any conditions placed
upon the approval. Any denial of such permission by the arborist may
be appealed to the city council.
(1999 Code, sec. 94-44)
(a)
Pruning.
No person shall top or prune any tree on public
property without the prior written consent of the arborist. Trees
shall be properly pruned for strength and health as well as to reduce
the risk of hazardous limbs, to prevent interference with utilities,
traffic lights and signs, and for pedestrian and vehicular clearance.
Trees shall be pruned pursuant to the guidelines of the International
Society of Arboriculture (ISA) and other local ordinances.
(b)
Removal of stumps.
Any tree or tree stump removed from
public property shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the
ground.
(c)
Replacement of trees.
Whenever a tree is removed from
public property, adequate replacement shall be made within a reasonable
period of time by the person responsible for the initial removal of
the tree.
(d)
Attachment of objects to trees.
No person shall attach
any rope, wire, cable, sign, card, poster or other object to a tree
or its guard located on public property without obtaining prior written
consent from the arborist.
(e)
Defacing trees.
No person shall peel, cut, remove, injure,
damage, destroy or otherwise deface any tree located on public property.
(f)
Stacking materials against trees.
No person shall stack
or pile any material of any kind and description against any tree
on public property, unless the tree is sufficiently equipped and protected
by a proper guard to prevent possible damage of the tree.
(g)
Marking of protected trees prior to construction.
Prior
to construction, all protected trees shall be clearly marked with
a barrier consisting of a four-foot barricade fence or approved equivalent
to protect the area under the canopy or drip line of any protected
tree or group of protected trees.
(h)
Waste disposal or storage of materials under canopy.
During construction, the builder shall prohibit the cleaning of equipment
or storage of materials and the disposal of any waste material, including,
but not limited to, paint, oil, solvents, asphalt, concrete, mortar,
etc., under the canopy or drip line of any protected tree or group
of protected trees.
(i)
Provision of permeable surface.
Any existing trees which
are to be preserved shall be provided with a permeable surface under
75 percent of the existing drip line of the tree. All new trees shall
be provided with a permeable surface under the drip line a minimum
of four feet by four feet.
(j)
Other standards.
The arborist may consult the standards
and specifications for tree care as established by the National Arborist
Association and the American Association of Nurseryman.
(1999 Code, sec. 94-45)
(a)
A person commits an offense if:
(b)
A culpable mental state is not required for the commission of an
offense under this section, unless the provision defining the conduct
expressly requires a culpable mental state.
(1999 Code, sec. 94-47)
All contracts entered into between the city and another party
relative to the application of this article shall include a requirement
that the other party shall comply with this article and shall provide
indemnity for the city if the party damages or destroys a tree. The
value of trees damaged and to be repaired and/or replaced shall be
determined in accordance with the latest revision of "Guide for Plant
Appraisal," as published by the Council of Tree and Landscape Appraisers
(CTLA).
(1999 Code, sec. 94-49)
