[R.O. 2010 §520.010; CC 1975 §1121.01; 2nd Ser. Ord. No. 34 §1, 11-5-1973]
The following words and phrases as used in this Chapter have the following meanings unless the context otherwise requires:
- The City of Owensville.
- PUBLIC TREE
- Any tree, shrub, or woody vegetation growing on land that is owned by the City or on land to which the public has free access as a park.
- SMALL GROWING TREE
- Any tree or shrub that generally does not reach a height of over thirty (30) feet at maturity.
- STREET TREE
- Any tree, shrub, or woody vegetation growing on City-owned land along public streets, avenues, or alleyways.
[R.O. 2010 §520.020; CC 1975 §1121.21; 2nd Ser. Ord. No. 34 §3, 11-5-1973; Ord. No. 482 §§2 — 4, 7-17-1995]
The City Tree Committee shall prepare a list which is set out in Section 520.080 that shall list specifically trees that may be planted on public land. Tree species other than those named shall not be planted on public land without the written permission of the City Tree Committee or the Board of Aldermen. This list may be amended by the City Board of Aldermen as needed.
Owners of private land abutting any street may plant trees according to the provisions of this Chapter in that part of the street right-of-way not used for public travel.
All street tree planting shall comply with the following specifications:
Trees must not be less than one (1) inch in trunk diameter, one (1) foot above the ground.
All planting procedures must conform to the instructions set forth in Section 520.090 which outlines planting procedures. This Chapter may be amended by the City Tree Committee with the consent of the Board of Aldermen.
All tree species and placement must conform to the official planting plan approved by the City Tree Committee or the Board of Aldermen, if such a plan exists.
The planting of any tree, regardless of type, between a public sidewalk and the curb of a public street is hereby prohibited. Any tree which is either interfering with utility lines or wires, has damaged a sidewalk or curb or creates a hazard to pedestrian or vehicular traffic shall be removed by the City Engineer.
Effective July 17, 1995, no tree which is presently located between a public sidewalk and a public curb, gutter or street shall be replaced if any such existing tree dies.
[R.O. 2010 §520.030; CC 1975 §1121.23; 2nd Ser. Ord. No. 34 §4, 11-5-1973; Ord. No. 482 §5, 7-17-1995]
The spacing of street trees shall be no closer than thirty (30) feet apart, except as specifically authorized by the City Tree Committee or the Board of Aldermen. A general spacing for small growing trees shall be thirty (30) or forty (40) feet and for large growing trees forty (40) to fifty (50) feet apart. Park trees, or other public trees, shall not need to conform to these spacings.
No street tree shall be planted closer than twenty-five (25) feet from any street corner, measured from either curb or street surface edge forming the corner, or closer than fifteen (15) feet from any driveway or other public street access.
No public tree shall be planted closer than ten (10) feet from any fireplug. No public tree shall be planted under or within ten (10) lateral feet of any overhead wire, except those designated as acceptable small growing trees in Section 520.080. No public tree shall be planted over or within ten (10) lateral feet of any underground waterline, sewer line, transmission line, or other utility.
[R.O. 2010 §520.040; CC 1975 §1121.25; 2nd Ser. Ord. No. 34 §5, 11-5-1973; Ord. No. 487 §1, 9-18-1995]
The City shall have the right to plant, trim, spray, preserve, and remove public trees and other vegetation growing on public land as may be necessary to ensure safety when servicing City utilities, or to preserve or enhance the overall quality of such public property. The City Tree Committee or the Board of Aldermen may remove or cause 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 powerlines, gas lines, waterlines, or other public improvements, or is affected with any injurious disease, insect, or other pest.
It shall be unlawful to allow low hanging tree limbs to obstruct public streets and sidewalks. The Board of Aldermen has declared it necessary to control the height of tree limbs above public streets and sidewalks due to the potential danger of low hanging limbs interfering with the safe operation of trucks and other types of equipment necessary to maintain the public health and welfare. For the purposes of this Chapter, all tree limbs extending over public streets and/or sidewalks must be at least sixteen (16) feet above the level of the street or sidewalk.
[R.O. 2010 §520.050; CC 1975 §1121.27; 2nd Ser. Ord. No. 34 §7, 11-5-1973]
Every owner of any tree overhanging any City street right-of-way shall be responsible for maintaining limbs and branches so that there is a clear space of at least nine (9) feet over streets and seven (7) feet over sidewalks, and so that the view at any street intersection is not obstructed. Said owners shall remove all dead, diseased, or dangerous trees, or broken, decayed, or dead limbs which constitute a menace to the safety of the public. The City shall have the right to trim any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign that is located on or immediately above any City right-of-way area.
The City shall also have the right to cause the removal of any dead, diseased, or pest infested trees on private property within the City, when such trees, because of such condition, are dangerous or detrimental to the health, safety, comfort, or welfare of City inhabitants or the public, or when such trees tend to endanger public or private property.
[R.O. 2010 §520.060; CC 1975 §1121.29; 2nd Ser. Ord. No. 34 §9, 11-5-1973; Ord. No. 487 §1, 9-18-1995]
It shall be unlawful for any person to damage or mutilate any public tree, including the following:
Cutting, carving, or breaking of limbs or bark; transplanting or digging around tree roots; picking or cutting of flowers, fruits, or foliage; attaching of wires, ropes, or other contrivances; conducting of electric current through trees; allowing solid, liquid, or gaseous substances harmful to trees to come into contact with trees or their root systems.
[R.O. 2010 §520.070; CC 1975 §1121.39; 2nd Ser. Ord. No. 34 §11, 11-5-1973; 2nd Ser. Ord. No. 214 §3, 11-4-1985]
Violating any provision of this Chapter shall be an ordinance violation.
[R.O. 2010 §520.080; CC 1975 §1121.41; 2nd Ser. Ord. No. 48 §1, 9-2-1975]
The following list of trees may be planted on public land:
American Ash: Medium textured tree, wine or yellow fall color.
Bald Cypress: Evergreen-like deciduous tree, short needles (may be grown with or without lower limbs).
Cucumber Tree: Coarse texture, yellowish fall color.
Ginkgo: Medium texture, slow growth, yellow fall color. Plant male trees only.
Green Ash: Medium texture, yellow fall color.
Hackberry: Medium texture, yellowish fall color.
Honey Locust: Fine textured foliage, turns yellow in fall, available in thornless, seedless varieties.
Little-Leaf Linden: Medium texture, symmetrical shape, fragrant spring flowers.
Norway Maple: Medium texture, dark green foliage, casts very dense shade.
Red Maple: Medium texture, red to yellow fall color.
Red Oak: Medium texture, reddish fall color.
River Birch: Medium texture, yellowish in fall, flaky brown bark.
Sugar Maple: Medium texture, slow growing, yellow to crimson fall colors.
Sweetgum: Medium texture, yellow to maroon fall colors, develops hard, spiny fruit at age ten (10) to fifteen (15) years.
Tulip Tree: Medium texture, greenish yellow spring flowers, clear yellow fall color.
[R.O. 2010 §520.090; CC 1975 §1121.45; 2nd Ser. Ord. No. 48 §2, 9-2-1975]
For Use Under Overhead Wires Or In Small Places. (Small growing trees — height generally under thirty (30) feet.) Minimum width of parkway or tree lawn for planting these trees should be four (4) feet. These trees may need to be pruned to allow freedom of movement along adjacent streets and walks.
Amur Maple: Medium texture, yellow to scarlet fall color, fragrant flowers.
Flowering Crabapple: Medium textures, developed for showy spring flowers, some good varieties are: Radiant (pink flowers), Snowdrift White Redbud (white), Hemoine (red).
Flowering Dogwood: Medium texture, showy white flowers, red fall foliage and fruit.
Redbud: Medium texture, purplish-pink spring flowers.
Washington Hawthorn: Medium texture, white flowers, red fruit, orange-red fall color, has thorns.
For Use Where Lower Limbs May Be Left On Trees. These trees should not be planted on street right-of-way because of the conical shape that they will assume. Lower limbs would tend to block light and visibility. Where plenty of room is available in parks and in private yards along streets, they could be considered. Plant twenty (20) feet or more from streets or sidewalks.
American Holly: Dark green, glossy, spiny foliage; red fruits are produced in the fall. (Some male trees are needed for good fruiting).
Austrian Pine: Dark green evergreen; long, sharp needles.
Bald Cypress: Evergreen-like deciduous tree, short needles. (May be grown with or without lower limbs).
Norway Spruce: Dark green evergreen, short needles, dropping branchlets.
Pin Oak: Deciduous, reddish fall color.
Red Cedar: Familiar short-needled evergreen; many varieties are available.
White Pine: Evergreen; long, soft needles.
The following trees are usually not sold by nurseries but are desirable and should receive adequate attention if any are growing along streets or in parks: