This division shall be known and cited as the tree ordinance.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-38)
The director of the city parks and recreation department
and/or the director’s designated representative(s).
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 real and personal property owned or under the care, custody,
and control of the city, including parks, streets and median areas.
Any public right-of-way designed primarily for vehicular
traffic, and shall run from curbline to curbline or from drainage
ditch to drainage ditch.
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 (1) or more elongate stems;
such term also includes shrubs and bushes.
The city parks and recreation advisory board, while sitting
formally as the tree board.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-39)
It shall be unlawful for any person to violate any provision
of this division, and upon being found guilty of a violation, [such
person] shall be subject to a fine not to exceed two hundred dollars
($200.00) for each separate offense. Each day during which any violation
of the provisions of this division shall occur or continue shall be
a separate offense. Each tree affected by a person’s violation
of any provision of this division shall be a separate offense. The
city, its employees, and persons and contractors who contract with
the city regarding public property shall be exempt from prosecution
under this section.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-46)
This division provides full power and authority over all trees
located on public property of the city.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-40)
Any ordinances or city policies or procedures which conflict
with the intent and purpose or specifics of this division shall be
resolved in favor of and superseded by this division.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-42)
The arborist shall have the duty and authority to administer
rules, regulations, and standards and specifications for tree care
adopted by the tree board.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-47)
(a)
All
contracts entered into between the city and another party that could
relate to the application of this division shall include a requirement
that the other party shall comply with this division and shall provide
indemnity for the city in the event that the other party damages or
destroys a tree.
(b)
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).
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-48)
There is hereby created 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 city parks and recreation
advisory board, each of whom shall have voting power.
(2)
The
terms of appointment and designation of the board shall follow and
be the same as the terms of appointment and designation of the parks
and recreation advisory board.
(3)
The
terms of 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 advisory 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.
(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 as follows:
(A)
Recommend to the city council rules, regulations, policies, and standards
and specifications for tree care, pursuant to the purpose and intent
of this division;
(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 (2) 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 (1) 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.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-49)
The arborist shall follow, supervise, and otherwise administer
this division upon public property, under the auspices and direction
of the tree board. 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,
unless so directed by the tree board;
(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 division and/or
its purpose and intent;
(4)
Study,
investigate, plan, report, or otherwise carry out the directives of
the tree board regarding matters pertaining to this division;
(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.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-41)
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
permission shall abide by this division. Any denial of such permission
by the arborist may be appealed to the tree board, then subsequently
to the city council.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-43)
(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 or guards.
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
or injuring trees.
No person shall peel, cut, remove,
injure, damage, destroy, or otherwise deface any tree located on public
property.
(f)
Stacking
material against tree.
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)
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.
(Ordinance 95-65, sec. 1, adopted 12/12/95; 1957 Code, sec. 12-44)
