As used in this article, the following terms shall have the meanings indicated:
PARK TREES
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.
STREET TREES
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:
(1) 
Small trees: 30 feet.
(2) 
Medium trees: 40 feet.
(3) 
Large trees: 50 feet.
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:
(1) 
Small trees: two feet.
(2) 
Medium trees: three feet.
(3) 
Large trees: four feet.
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.