As used in this article, the following terms
shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual species names or in all other areas owned
by the City or to which the public has free access as a park or public
way.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or public ways within the City.
There is hereby created and established a Tree
Board which shall consist of five members, who shall be appointed
by the Mayor with the approval of a majority of the members elected
to the City Council.
The term of the Tree Board members shall be
three years, except that the term of two of the members appointed
to the first Board shall be for only one year and the term of two
members of the first Board shall be for two years. In the event that
a vacancy shall occur during the term of any member, a successor shall
be appointed for the unexpired portion of the term by the Mayor.
Members of the Tree Board shall serve without
compensation.
It shall be the responsibility of the Tree Board
to study, investigate, counsel, develop and update annually a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Such plan will be presented annually to the City
Council and, upon its acceptance and approval, shall constitute the
official Comprehensive City Tree Plan for the City. The Tree Board,
when requested by the City Council, shall consider, investigate, make
findings, report and recommend upon any special matter or question
coming within the scope of the Tree Board duties.
The Tree Board shall choose its own officers,
develop its own rules and regulations and keep a journal of its proceedings.
A majority of the members shall constitute a quorum for the transaction
of business. No member of the Tree Board shall have authority to incur
any financial liability on behalf of the City.
The Tree Board shall adopt a list of official
street tree species and no species other than those included in the
list shall be planted as street trees without written permission of
the Tree Board. The street tree list shall be approved by a majority
vote of the members of the Tree Board which list shall be maintained
on file and available for public inspection at the office of the City
Clerk.
A.
Spacing. The spacing of street trees shall be in accordance
with the three species size classes as set forth herein and no trees
shall be planted closer together than the distances listed, except
in special plantings designed or approved by a landscape architect:
B.
Distance from curb and sidewalk. The planting of trees
in relation to curbs, curblines and sidewalks shall be in accordance
with the three species size classes as set forth herein, and the nearest
trees may be planted to any curb or sidewalk shall be as follows:
C.
Distance from street corners and fireplugs. No street
tree shall be planted within 35 feet of any street corner, measured
from the point of the nearest intersecting curbs or curblines. No
street tree shall be planted within 10 feet of any fireplug.
D.
Utilities. No street tree, other than those species
listed as small trees on the street tree list, shall be planted under
or within 10 lateral feet of any overhead utility wire or over or
within five lateral feet of any underground water line, sewer line,
transmission line or other utility.
The City shall have the right to plant, prune,
maintain and remove trees, plants and shrubs within the lines of all
streets, alleys, avenues, lanes, squares and public grounds as may
be necessary to ensure public safety or to preserve or enhance the
symmetry and beauty of such public grounds. The Director of Public
Works may remove or order to be removed any tree or part thereof which
is in an unsafe condition or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public
improvements or is affected with any injurious fungus, insect or other
pest. This section does not prohibit the planting of street trees
by adjacent property owners, provided that the selection and location
of said trees is in accordance with the street tree list and the other
provisions of this article.
A.
Tree topping. No person, firm or City department shall
top any street tree, park tree or other tree on public property. "Topping"
is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree
so as to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes or certain trees under utility wires
or other obstructions where other pruning practices are impractical
may be exempted from this article at the determination of the Director
of Public Works.
B.
Pruning, corner clearance.
(1)
All trees and shrubs within the City shall be pruned
when such trees or shrubs obstruct the light from any street lamp,
obstruct the visibility of any traffic control device or sign, obstruct
the passage of pedestrians on sidewalks or obstruct the view of any
street or alley intersection.
(2)
The minimum clearance for any overhanging branches
or limbs shall be 15 feet above all streets and eight feet above all
sidewalks. All shrubs and hedges defined as street trees in this article
shall be kept trimmed by the abutting property owner at least two
feet back from all curbs, sidewalks, delivery ways or alleys and the
same shall be at all times kept trimmed to a height not greater than
30 inches above the top of the curb for other than corner lots unless
the Director of Public Works determines that a greater height would
not constitute a hazard to pedestrians or vehicular traffic.
(3)
The City shall notify, in writing, by regular United
States Mail postage prepaid, the property owners of such trees or
shrubs that pruning must be done by said owners at the owner's expense
within 30 days after the date of notification.
(4)
In the event of the failure of the property owner
to comply with said notice, the Director of Public Works shall have
the authority to prune said trees or shrubs and cause the cost thereof
to be billed to the property owner. If the property owner fails to
reimburse the City after having been billed, the cost may be assessed
by the City against the real estate and certified to the county treasurer
as a special assessment and the same collected as provided by law.
C.
Dead or diseased tree removal on private property.
(1)
All trees and shrubs within the City shall be pruned
or removed when such trees or shrubs constitute a hazard to life and
property or harbor insects or disease which constitutes a threat to
other trees or shrubs within the City.
(2)
The Director of Public Works shall have the power
and authority to prune or remove or to order the pruning or removal
of any such trees or shrubs on private property. The Director of Public
Works shall notify, in writing, by regular United States Mail postage
prepaid, the owner of the property on which said trees or shrubs are
located.
(3)
Pruning or removal shall be done by said property
owners at the property owner's expense within 30 days after the date
of notification. In the event of the failure of the property owner
to comply with said notice, the Director of Public Works shall have
the authority to prune said trees or shrubs and cause the cost thereof
to be billed to the property owner. If the property owner fails to
reimburse the City after having been billed, the cost may be assessed
by the City against the real estate and certified to the County Treasurer
as a special assessment and the same collected as provided by law.
D.
Removal of stumps. All stumps of street and park trees
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.
No person shall prevent, delay or interfere
with the Director of Public Works or any of his agents while engaging
in or about the planting, cultivating, mulching, pruning, spraying
or removing of any street trees, park trees or trees on private grounds,
as authorized by this article.
Unless specifically authorized by the Director
of Public Works, no person shall intentionally damage, cut, carve,
transplant or remove any street or park tree; attach any rope, wire,
nails, advertising posters or other contrivance to said trees or allow
any gaseous liquid or solid substance which is harmful to such trees
to come into contact with them or to set fire or permit any fire to
burn when such fire or the heat thereof will injure any portion of
such trees. The above restrictions shall not apply to proper planting,
staking and guying practices.
Any person who deems they are aggrieved by any
action of the Director of Public Works may request review of said
action by the City Council. The City Council shall consider said matter
and, by a majority vote of the members elected to the Council, either
approve, disapprove or order modification of the Director of Public
Work's decisions and actions.
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions
or provisions of any section of this article shall be deemed guilty
of a misdemeanor. Unless otherwise specified in the particular section
for which the person stands convicted of violating, the penalty for
such violation shall be fined in any sum not to exceed $500 or imprisoned
for six months, or both said fine and imprisonment at the discretion
of the sentencing court.
