The city shall regulate and control the planting,
transplanting, removal, maintenance and protection of trees and shrubs
in the city in order to eliminate and guard against dangerous conditions
which may result in injury to persons using the streets, alleys, sidewalks
or property of the city; to promote and enhance the beauty and general
welfare of the city; to prevent damage to any public sewer or water
main, street, sidewalk or other public property; to protect trees
and shrubs located in public areas from undesirable and unsafe planting,
removal, treatment and maintenance practices; and to guard all trees
and shrubs within the city against the spread of disease or pests.
The provisions of this chapter shall apply to all trees, shrubs or
plants growing or hereafter planted in or upon any public right-of-way
or other premises owned or controlled by the city and all trees or
shrubs growing or to be planted in or upon any private premises which
shall threaten the lives, health, safety or welfare of the public
or of the property owned or controlled by the city.
Whenever the following words or terms are used
in this chapter, they shall have the following meanings:
PERSON
Person, firm or corporation.
PUBLIC TREES AND SHRUBS
All trees or shrubs located or to be planted on any park,
playground or other property owned or controlled by the city or on
any public street, alley, sidewalk or highway within the public right-of-way.
No person shall move any building, structure
or object exceeding 13 1/2 feet in height or width upon, over
or along any public right-of-way or other public place without first
obtaining a written permit from the City Forester, who may require
the applicant to furnish a bond or cash deposit to cover the cost
of repairing or replacing any public trees or shrubs which are injured
as a result of the moving operations, specify the route to be taken
and impose any other conditions reasonably necessary for the protection
of nearby public trees from injury. Permits issued under this section
shall expire 30 days after date of issue.
Each and every female tree of the species Populus
deltoides, variety Populus balsamifera or other pistillate form of
the genus Polulus, commonly known as "Cottonwoods," every female tree
of the species Acer negundo, commonly called the "seed-bearing Box
Elder," which is now or may hereafter become infested with Leptocoris
trivittatus, commonly known as the "Box Elder" bug, or any other tree
or shrub whose seeds, fruits or flowers shall fall in such manner
as to interfere with the storm drainage system is hereby declared
to be a public nuisance, and any person having any such tree on his
or her premises shall cause the same to be destroyed.
No person shall prevent, delay or interfere
with the City Forester or his or her agents, employees or servants
while they are engaged in carrying out any work or activities authorized
by this chapter.
[Amended 12-15-1998 by Ord. No. 98-1526]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, §
1-19. A separate offense shall be deemed committed on every day on which a violation occurs or continues.