This article may be known and cited as the tree preservation ordinance for the city.
(Ordinance 2008-01, art. I, sec. 1, adopted 2/26/08)
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.
(Ordinance 2008-01, art. I, sec. 2, adopted 2/26/08)
This article shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city. The terms and provisions of this article shall apply to any tree located on public and private properties.
(Ordinance 2008-01, art. I, sec. 3, adopted 2/26/08)
(a)
General requirements.
Utility service providers or their contractors, agents, successors or assigns shall inform the designated city official to whom said duties have been or may be delegated of the location of each day’s work area. In the pursuit of maintenance or installation of its facilities, utility service providers or their contractors, agents, successors or 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. Trimming shall be done in a manner such that the aesthetics and health of the trees are not destroyed. Every reasonable effort shall be made to preserve trees and avoid removal.
(b)
Trimming standards.
Industry-recognized standards, such as those provided by the National Arborist Association, should be followed in order to protect the aesthetics and health of the trees. A copy of an industry-recognized standard is available in the city manager’s office.
(c)
Diseased or damaged trees.
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 article. The removal of a diseased tree by a utility provider is required to reduce the chance of spreading the disease to adjacent healthy trees.
(d)
Exceptions during period of emergency.
During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the mayor, city council, city manager, 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.
(e)
Enforcement.
The city manager is hereby charged with the responsibility for the enforcement of this article 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.
(Ordinance 2008-01, art. II, adopted 2/26/08)
(a)
General standards.
To try to prevent disease in oak trees, city workers will sterilize saw blades before trimming an oak tree and will seal all oak tree limb cuts as is practical. City workers will attempt to maintain the attractiveness of the tree as the tree and situation allow and will attempt to follow industry-recognized standards.
(b)
Diseased or damaged trees.
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 article. The removal of a diseased tree by the city is required to reduce the chance of spreading the disease to adjacent healthy trees.
(c)
Exceptions during period of emergency.
During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the mayor, city council, city manager, emergency management coordinator or other designee of the city manager. In addition to rights granted by easement, the city may trim or remove trees, during the period of an emergency, that are determined to be a danger to public safety and welfare.
(d)
Penalty.
Any employee found to be violating any provision of this section shall be subject to disciplinary actions as provided in the city personnel policies.
(Ordinance 2008-01, art. III, adopted 2/26/08)