This division may be known and cited as the tree preservation
ordinance for the city.
(2001 Code, sec. 22-201)
Whoever violates any of the provisions of this division shall
be punished by a fine of not more than $500.00 for each such violation,
and a separate and distinct violation shall be deemed to have occurred
for each tree unlawfully trimmed or removed.
(2001 Code, sec. 22-208)
The city finds that the preservation of existing trees is a
public purpose that protects the public health, welfare, environment
and aesthetics of the city and all its citizens.
(2001 Code, sec. 22-202)
This division shall be effective within the geographical limits
of the city, including any areas subsequently annexed by the city.
The terms and provisions of this division shall apply to any tree
located on public and private properties.
(2001 Code, sec. 22-203)
In the pursuit of maintenance or installation of its facilities,
utility service providers or their contractors, agents, successors
and assigns shall have the right to trim or remove trees so as to
prevent any part of such trees from becoming a danger to public health,
safety and welfare by interfering with utility service. Said trimming
shall be done in a manner such that the aesthetics and health of the
trees are not destroyed and shall be done under the supervision and
direction of any city official to whom said duties have been or may
be delegated. Every reasonable effort shall be made to preserve trees
and avoid removal. The city may require boring under trees within
the dripline instead of trenching.
(2001 Code, sec. 22-204)
During the period of an emergency, such as a tornado, storm,
flood or other natural disaster, the requirements of this division
may be waived as deemed necessary by the emergency management coordinator
or other designee of the city manager. In addition to rights granted
by easement, utility service providers, lawfully within the right-of-way,
may remove trees during the period of an emergency that are determined
by the company to be a danger to public safety and welfare by interfering
with utility service.
(2001 Code, sec. 22-205)
A diseased or damaged tree, which is beyond the point of recovery,
or in danger of falling, shall be exempt from the provisions of this
division. The removal of a diseased tree by the city or by an individual
is required to reduce the chance of spreading the disease to adjacent
healthy trees.
(2001 Code, sec. 22-206)
The city manager is hereby charged with the responsibility for
the enforcement of this division and may serve notice to any person
in violation thereof or institute legal proceedings as may be required,
and the city attorney is hereby authorized to institute appropriate
proceedings to that end.
(2001 Code, sec. 22-207)
