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.
(Ordinance 2021-18 adopted 11/2/21)
As used in this article, the following words and phrases shall have the meanings indicated:
Damage.
Any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part 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.
Nuisance.
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.
Parkway.
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.
Public property.
All grounds and rights-of-way (ROWs) owned or maintained by the city.
Public tree.
Any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.
Top or topping.
The nonstandard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ordinance 2021-18 adopted 11/2/21)
(a) 
Delegation of authority and responsibility.
The director of planning and development and/or his designee, hereinafter referred to as the “director”, shall have the authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all city streets, rights-of-ways, public 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 departments.
All departments will coordinate as necessary with the director and will provide services as required to ensure compliance with this division 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 division.
(Ordinance 2021-18 adopted 11/2/21)
The planning and zoning commission is hereby designated as the tree board.
(Ordinance 2021-18 adopted 11/2/21)
(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.
Franchise utility companies shall provide advance notice to the city of their intended nonemergency tree pruning schedule and location of impacted area. 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 size classes: small trees (20 feet or less in height at maturity) and large (greater than 20 feet at maturity). Only trees from the approved plant list as outlined in article 6.08 of this code 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 small trees on the official approved 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 department performing construction in the area of any public tree must employ appropriate measures to protect the tree as outlined in article 6.08 in this code.
(Ordinance 2021-18 adopted 11/2/21)
(a) 
The owner of land adjacent to any public street or highway, when acting within the provisions of this division, 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.
(Ordinance 2021-18 adopted 11/2/21)
(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.
(Ordinance 2021-18 adopted 11/2/21)
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. 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.
(Ordinance 2021-18 adopted 11/2/21)
All appeals to a violation shall be heard by the tree board.
(Ordinance 2021-18 adopted 11/2/21)