This Chapter will be known as the Tree Maintenance Code and
may be cited as such, and will be referred to in this Chapter as the
"Code."
For the purpose of this Chapter the following words and phrases
shall have the following interpretation and/or meanings indicated
below:
CITY ARBORIST
A City staff member designated by the City Manager who is
certified in the practice of arboriculture.
OFFICIAL TREE LIST
A list of trees provided for in the City's Tree Management
Strategic Plan.
PRIVATE TREE
Any tree or shrub growing on privately-owned land, including
those trees planted between the sidewalk and street.
PUBLIC TREE
Any tree or shrub growing on any publicly-owned land except
street right-of-way.
REMOVAL or REMOVE
The cutting or removing of fifty percent (50%) or more of
a crown trunk or root system of a tree, or any action which results
in immediate danger of falling.
TOP/TREE TOPPING
Removing the vertical leader stems and cutting tree limbs
back to a stub, bud or a lateral branch not large enough to assume
a terminal role, resulting in decay of the trunk and/or main branches
and sprout production. Usually involves removing more than one-third
(1/3) of the tree canopy.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing public or private trees within the City without first applying and procuring a City occupational license in accordance with Chapter
605 of the City Code.
Nothing in this Chapter shall be deemed to impose any liability
for damages or a duty of care and maintenance upon the City or upon
any of its officers or employees, nor to relieve the owner of any
private property from the duty to keep any tree, shrub or plant upon
any street area on his property or under his control in such a condition
as to prevent it from constituting a hazard or impediment to travel
or vision upon any street, park, boulevard, alley or public place
within the City. The person in possession of or the owner of any private
property shall have a duty to keep the trees upon the property and
under their control in a safe and healthy condition.
It shall be unlawful as normal practice for any person, firm
or City department to top any public tree. Crown reduction by a qualified
arborist may be substituted, where appropriate. Trees severely damaged
by storms or other causes, or certain trees under utility wires or
other obstructions where other pruning practices are impractical may
be exempted from this prohibition at the determination of the City
Arborist.
It shall be unlawful for any person other than officials, agents
and employees of the City to remove public trees or to remove or plant
trees in City parks without the written approval of the City.
No person shall damage, cut, carve, transplant, remove, or attach
any accessory to public trees without written permission from the
Parks and Recreation Director.
No person shall hinder, prevent, delay or interfere with the
City Arborist, or City Manager in carrying out the execution or enforcement
of this Chapter.
The City Arborist or Code Enforcement Officer are charged with
the responsibility for the enforcement of this Chapter and may serve
notice, abate, or to any person, firm, or corporation in violation
or institute legal proceedings as may be required and the City Attorney
is authorized to institute appropriate proceedings to that end.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section
100.220 of the City Code. A property owner charged for abatement shall not incur a penalty in addition to the City's cost of abatement.