No person shall, without a permit, do any of
the following acts:
A. Cut, prune, break, injure, remove, disturb or interfere
in any way with any tree.
B. Spray with any chemical any tree or near a tree to
cause injury or death to said tree.
C. Fasten any rope, wire, sign or other device to a tree
or to any guard about such tree.
D. Remove or injure any guard or device placed to protect
any tree.
E. Close or obstruct any open space provided about the
base of a tree to permit the access of air, water and fertilizer to
the roots of such tree.
No person shall plant any tree or shrub in any
park or street without a permit.
No person shall prevent, delay or in any manner
interfere with the Commission or its authorized agents in the performance
of their lawful duties.
Any person who violates any of the provisions
of this chapter or who fails to comply with the terms and provisions
of any permit issued pursuant hereto shall, upon conviction in municipal
court thereof, pay a fine of not less than $200 or to exceed $1,500,
at the discretion of the court. Each day that a violation shall continue
shall constitute a separate offense.
In addition to the penalties authorized by §
453-10 of this chapter, the Commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of this chapter, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Commission shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.