[Code 1975, § 35-13; Code 1992, § 30-26]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Parks Division of the City.
The Director, as appointed by the City Manager.
Includes all public parks having individual names and all
areas owned by the City or to which the public has free access as
a park.
Any tree of the species of poplar (Populus sp.), willow (Salix
sp.) and box elder (Acer negundo).
Any person owning or operating any pole, line, pipe or conduit
located in any public street or over or along any public easement
or right-of-way for the transmission of electricity, gas, telephone
service or telegraph service.
All of the land lying between property lines on either side
of all streets, highways and boulevards in the City.
Trees, shrubs, bushes and all other woody vegetation.
[Code 1975, § 35-14; Code 1992, § 30-27]
This article, except as otherwise specifically stated in this
article, shall apply only to public streets, parkways, parks and other
land publicly owned or controlled by the City.
[Code 1975, § 35-15; Code 1992, § 30-28]
The Director shall be charged with the duty of enforcing this
article, under the supervision of the City Manager.
[Code 1975, § 35-16; Code 1992, § 30-29]
The City Manager shall have control over all trees located within
the street rights-of-way and parks in the City and the planting, care
and removal thereof, subject to the regulations contained in this
article.
[Code 1975, § 35-17; Code 1992, § 30-30]
The owner of land abutting on any street may, upon obtaining
prior written permission of the Director, prune, spray, plant or remove
trees in that part of the street abutting his or her land not used
for public travel, but no person shall otherwise prune, spray, plant
or remove any tree in any street or park. Every such permit shall
specify the extent of the authorization and the conditions to which
it is subject. Where an owner of abutting property requests the removal
of a tree, the Director is authorized, in his or her discretion, to
require, as a condition to granting approval for such removal, that
such property owner make the removal in accordance with regulations
established by the Department, assume all or any part of the costs
of removing such tree, and also to require that the tree removed be
replaced at some other nearby location by planting another tree, not
necessarily of the same type.
[Code 1975, § 35-18; Code 1992, § 30-31]
On residence streets, the abutting owner or occupant may maintain
a planting strip on the lawn extension between the sidewalk and curb
and may plant flowers, trees and shrubbery therein in conformity with
this article. No person shall willfully injure or destroy any grass,
flower, tree or shrub upon any such planting strip or throw any papers,
refuse or other thing thereon. No person shall drive an automobile,
bicycle or other vehicle upon or over any such planting strip.
[Code 1975, § 35-19; Code 1992, § 30-32]
Any and all dead trees and trees afflicted with any fatal or
communicable disease shall be removed by the Department, with the
approval of the City Manager. The City Manager is hereby authorized
to direct the Department to remove any tree of a prohibited species.
[Code 1975, § 35-20; Code 1992, § 30-33]
(a)
Trees may be removed which are not dead or infected with any disease
when such trees are of an undesirable, though not prohibited, species,
but only upon notice to the owner of the abutting property. If such
owner shall file written objection with the City Clerk within 48 hours
after service of such notice, a public hearing on such removal shall
be had before the City Council, and the abutting owner shall be notified
of the time and place of the hearing.
(b)
The City Manager is hereby authorized to direct the Department to
remove any tree growing within any street, park or public place when
such tree interferes with fire hydrants, sewer and water mains, visibility
of street intersections, traffic control devices or construction within
street rights-of-way.
[Code 1975, § 35-21; Code 1992, § 30-34; 6-26-2017 by Ord. No. 17-005]
Every elm tree, regardless of species or variety, infected with the fungus Ceratostomella ulmi, popularly called Dutch elm disease, shall be cut and burned, if on public property, within 10 days after the City Manager shall learn of the condition and, if on private property, within 10 days after notice as specified in § 22-76(b). No person shall possess, sell, give away or transport any elm tree afflicted with the fungus Ceratostomella ulmi nor any wood from or parts of any tree so afflicted, except that wood, branches and roots of any tree so afflicted may be transported to a place for burning, if first sprayed thoroughly with an approved pesticide.
[Code 1975, § 35-22; Code 1992, § 30-35]
(a)
No tree of any prohibited species shall be planted in any street
or park, nor shall any such tree be planted on any private property
within 50 feet of any street or sidewalk right-of-way or any sewer
or sewer extension. Shade trees planted in any street right-of-way
shall be spaced not less than 40 feet apart, except that trees may
be planted less than 40 feet from an existing tree in the right-of-way,
provided the existing tree has been approved for removal within a
period of two years from the date of planting of the new tree. The
owner of a single lot may, in order to provide a shade or ornamental
tree in front of his or her lot, secure special permission from the
Department to have a tree planted closer than 40 feet from an existing
tree, but in no case shall such planting be within 30 feet of any
existing tree within the right-of-way.
(b)
No tree shall be planted in any planting strip between the street
proper and the sidewalk where the distance between the back of the
curb and the sidewalk is less than three feet in width. No tree shall
be planted nearer to the intersection of any streets than 25 feet
from the corner of such intersection.
[Code 1975, § 35-23; Code 1992, § 30-36]
No person shall break, injure, mutilate, kill or destroy any
tree or set any fire or permit any fire or the heat thereof to injure
any portion of any tree. No toxic chemicals or other injurious materials
shall be allowed to seep, drain or be emptied on, near or about any
tree. No electric wires or any other lines or wires shall be permitted
to come in contact with any tree in any manner that shall cause damage
thereto, and no person shall attach any electric insulation to any
tree. No person shall use any tree as an anchor, and no material shall
be fastened to or hung on any tree. All persons having under their
care, custody or control facilities which may interfere with the trimming
or removal of any tree shall, after notice by the Department, promptly
abate such interference in such manner as shall permit the trimming
or removal of such tree by the Department.
[Code 1975, § 35-24; Code 1992, § 30-37; 6-26-2017 by Ord. No. 17-005]
Excavations and driveways shall not be placed within six feet
of any tree, without a written permit from the Director. Any person
making such excavation or construction shall guard any tree within
six feet thereof with a good substantial frame box to be approved
by the Department, and all building materials or other debris shall
be kept at least four feet from any tree. All persons desiring to
make such excavation or construction shall deposit with the City a
sum sufficient to cover the cost of inspection and any damage which
may result therefrom.
[Code 1975, § 35-25; Code 1992, § 30-38]
No person shall place within the street right-of-way any stone,
brick, sand, concrete or other material which will, in any way, impede
the full and free passage of water, air or fertilizer to the roots
of any tree, except a sidewalk of authorized width and location.
[Code 1975, § 35-26; Code 1992, § 30-39]
Gas pipes or mains within any public right-of-way or on any
public property shall be so maintained as to avoid any leakage therefrom.
If a leak exists or occurs, it shall be reported to the owner of such
pipe and main, and the leak shall be repaired within 24 hours. Any
damage to trees resulting from the escape of gas from a pipe or main
shall be repaired, and the cost of the work, including the cost of
removal and the replacement of any tree, shall be levied against the
owner of the pipe or main causing the damage.
[Code 1975, § 35-27; Code 1992, § 30-40]
(a)
The City Manager shall annually issue permits granting permission
to public utilities to trim and keep trimmed all trees within the
streets, alleys, parks and public places of the City, in such a manner
as shall keep the overhead lines of such public utilities safe and
accessible. Such trimming shall be done in accordance with approved
practices and under the general direction of the Director.
(b)
A permit issued under this section shall require reasonable prior
notice to the City before any work is commenced thereunder. However,
in an emergency requiring immediate maintenance work on the overhead
lines of public utilities, prior notice of commencing work under the
permit shall not be required. The term "emergency," as used in this
subsection, shall be defined to mean the occurrence or happening of
an event which could not be foreseen by the exercise of reasonable
care and foresight, which might cause damage to the overhead lines
of the public utilities.
[Code 1975, § 35-28; Code 1992, § 30-41]
(a)
Every owner of any tree on private property overhanging any street
or right-of-way within the City shall trim the branches so that such
branches shall not obstruct the light from the streetlamp or obstruct
the view of any street intersection and so that there shall be a clear
space of 14 feet above the surface of the street or right-of-way.
Such owner shall remove all dead, diseased or dangerous trees or broken
or decayed 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 streetlight or interferes with visibility of any
traffic control device or sign, such trimming to be confined to the
area immediately above the right-of-way. Shrubs and bushes located
on the triangle formed by two right-of-way lines at the intersection
of two streets and extending for a distance of 25 feet each way from
the intersection of the right-of-way lines on any corner lot within
the City shall not be permitted to grow to a height of more than three
feet above the surface of the roadway, in order that the view of the
driver of a vehicle approaching a street intersection shall not be
obstructed. Trees may be planted and maintained in this area, provided
all branches are trimmed to maintain a clear vision for a vertical
height of 14 feet above the roadway surface.
(b)
When the Director shall discover that any tree growing on private
property within the City is afflicted with any dangerous and infectious
insect infestation or tree disease, he or she shall forthwith serve
a written notice upon the owner or his or her agent or the occupant
of the property, describing the tree, its location and the nature
of the infestation or tree disease and ordering the owner, agent or
occupant to take such measures as may be reasonably necessary to cure
such infestation or disease and to prevent the spreading thereof,
specifying the measures required to be taken. Such order may require
the pruning, spraying or destruction of trees as may be reasonably
necessary. Every such notice shall be complied with within 10 days
after service thereof upon the owner, agent or occupant of the property
on which the afflicted tree is located or within such additional time
as may be stipulated in such notice.
(c)
If the owner, agent or occupant of the property shall feel himself
or herself aggrieved at an order of the Director requiring the treatment
or destruction of any tree, he or she may, within 48 hours, make an
appeal to the City Council, by communication filed with the City Clerk.
The City Council shall hear such appeal at its next regular meeting,
unless another time shall be set, and shall determine the matter under
such expert advice as may be necessary.
(d)
If the owner, agent or occupant of the property refuses to carry out the order of the Director within the time limit or, in case of an appeal, within five days after the Council shall have affirmed such order, the Director shall carry out the pruning, spraying or destruction of the trees or engage the work to be done and shall bill the owner, agent or occupant of the property for the cost thereof. If the owner of such property shall fail to pay such bill within 30 days after the bill has been rendered, the Director shall report the failure to pay to the City Council for collection as a single lot assessment against such property in accordance with Chapter 40, Special Assessments. The Director may, without serving such notice, when the owner or occupant of any private property shall consent thereto and pay the reasonable cost thereof, cause trees growing on private property to be sprayed when he or she deems such spraying necessary on account of any infestation or disease or threat thereof.
(e)
The Director and his or her assistants and employees shall have authority
to enter upon private premises for the purpose of examining any tree
for the presence of destructive insects or plant diseases. No damages
shall be awarded for the destruction of any tree or injury to the
tree, if done by the Director or under his or her direction in accordance
with this article.
[Code 1975, § 35-29; Code 1992, § 30-42]
The Director, subject to the approval of the City Manager, shall
make such rules and regulations supplementary to this article and
not in conflict with this article as he or she may from time to time
deem necessary. Until changed pursuant to this section, the rules
and regulations in effect at the adoption of this Code shall continue
in effect. No person shall fail to obey any rule or regulation effective
under this section.
