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:
Inspector
means the building official appointed by the city manager.
Park
includes all public parks, and all areas owned by the city or to which the public has free access as a park.
Public utility
means any person owning or operating any pole, line, pipe or conduit located in any public street or over or along any public easement or right-of-way for the transmission of electricity, cable television, gas or telephone service.
Street
means all of the land lying between property lines on either side of all streets, highways and boulevards in the city.
Tree
means, unless the context clearly indicates otherwise, trees, shrubs, bushes and all other woody vegetation.
(1988 Code, ch. 1, sec. 9.01; Ordinance adopted 12/12/77, sec. 1; 2010 Code, sec. 36-19)
The provisions of this article, except as otherwise specifically stated herein, shall apply only to public streets, parkways, parks and other land publicly owned or controlled by the city.
(1988 Code, ch. 1, sec. 9.02; Ordinance adopted 12/12/77, sec. 2; 2010 Code, sec. 36-20)
The inspector shall be charged with the duty of enforcing the provisions of this article, under the supervision of the city manager.
(1988 Code, ch. 1, sec. 9.03; Ordinance adopted 12/12/77, sec. 3; 2010 Code, sec. 36-21)
The city manager shall have control over all trees located within the street rights-of-way and parks in the city and the planting, care and removal thereof, subject to the regulations contained in this article.
(1988 Code, ch. 1, sec. 9.04; Ordinance adopted 12/12/77, sec. 4; 2010 Code, sec. 36-22)
The owner of land abutting on any street may prune for beautification or growth, spray or plant trees in that part of the street abutting his land not used for public travel, but no person shall otherwise prune, spray or plant any tree in any street or park. The owner of land abutting on any street may, upon obtaining the prior written permission of the inspector, remove trees in that part of the street abutting his land and not used for public travel, but no other person shall otherwise remove any such trees. Every such permit shall specify the extent of the authorization and the conditions to which it is subject. Where an owner of abutting property requests the removal of a tree, the inspector is authorized, in his discretion, to require, as a condition to granting of approval for such removal, that such property owner make the removal in accordance with regulations established by the city, assume all or any part of the costs of removing such tree and also require that the tree removed be replaced at some other nearby location by planting another tree, not necessarily of the same type.
(1988 Code, ch. 1, sec. 9.05; Ordinance adopted 12/12/77, sec. 5; 2010 Code, sec. 36-23)
On residence streets, the abutting owner or occupant may maintain a planting strip on the lawn extension between the sidewalk and curb and may plant flowers, trees and shrubbery therein in conformity with this article. No person shall willfully injure or destroy any grass, flower, tree or shrub upon such planting strip or throw any papers, refuse or other thing thereon. No person shall drive an automobile, bicycle or other vehicle upon or over any such planting strip.
(1988 Code, ch. 1, sec. 9.06; Ordinance adopted 12/12/77, sec. 6; 2010 Code, sec. 36-24)
All dead trees and trees afflicted with any fatal or communicable disease may be removed by the inspector, with the approval of the city manager.
(1988 Code, ch. 1, sec. 9.07; Ordinance adopted 12/12/77, sec. 7; 2010 Code, sec. 36-25)
No person shall break, injure, mutilate, kill or destroy any tree or set any fire or permit any fire, or the heat thereof, to injure any portion of any tree made the subject of this article. No toxic chemicals or other injurious materials shall be allowed to seep, drain or be emptied on, near or about any tree. No electric wires or any other lines or wires shall be permitted to come in contact with any tree in any manner that shall cause damage thereto, and no person shall attach any electric insulation to any tree. No person shall use any tree as an anchor, and no material shall be fastened to or hung on any tree. All persons having under their care, custody or control facilities which may interfere with the trimming or removal of any tree shall, after notice by the department, promptly abate such interference in such manner as shall permit the trimming or removal of such tree by the department.
(1988 Code, ch. 1, sec. 9.08; Ordinance adopted 12/12/77, sec. 8; 2010 Code, sec. 36-26)
The public utilities may trim and keep trimmed all trees within the streets, alleys, parks and public places of the city, in such a manner as shall keep the overhead lines of such public utilities safe and accessible. Such trimming shall be done in accordance with approved practices and under the general direction of the inspector.
(1988 Code, ch. 1, sec. 9.09; Ordinance adopted 12/12/77, sec. 9; 2010 Code, sec. 36-27)
(a) 
Requirements.
Every owner of any tree on private property overhanging any street or right-of-way within the city shall trim the branches so that such branches shall not obstruct the light from the streetlamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of-way. Such owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to trim any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic-control device or sign, such trimming to be confined to the area immediately above the right-of-way. Shrubs and bushes located on the triangle formed by two right-of-way lines at the intersection of two streets, and extending for a distance of 25 feet each way from the intersection of the right-of-way lines on any corner lot within the city, shall not be permitted to grow to such height and density that the view of the driver of a vehicle approaching a street intersection shall be obstructed. Trees may be planted and maintained in this area, provided all branches are trimmed to maintain a clear vision.
(b) 
Appeal of order of inspector.
In case the owner, agent or occupant of the property shall feel himself aggrieved at an order of the inspector requiring the treatment or destruction of any tree, he may, within 48 hours, make an appeal to the city manager, by communication filed with the city secretary. The city manager shall investigate the appeal and rule on same. In the event the owner is still aggrieved, he may appeal to the city council by filing such appeal with the city secretary. The city council shall hear such appeal at its next regular meeting, unless another time shall be set, and shall determine the matter under such expert advice as may be necessary.
(c) 
Performance of work by city.
In case the owner, agent or occupant of the property refuses to carry out the order of the inspector within the time limited, or in case of an appeal, within five days after the council shall have affirmed such order, the inspector shall carry out the pruning or destruction of the trees or engage the same to be done and shall bill the owner, agent or occupant of the property for the cost thereof. In case the owner of such property shall fail to pay such bill within 30 days after the same has been rendered, the inspector shall report the same to the city manager for collection.
(1988 Code, ch. 1, sec. 9.10; Ordinance adopted 12/12/77, sec. 10; 2010 Code, sec. 36-28; Ordinance adopting 2018 Code)