[HISTORY: Adopted by the Common Council of
the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 9.08 of the
1997 Code. Amendments noted where applicable.]
The city shall regulate and control the planting,
transplanting, removal, maintenance and protection of trees and shrubs
in the city in order to eliminate and guard against dangerous conditions
which may result in injury to persons using the streets, alleys, sidewalks
or property of the city; to promote and enhance the beauty and general
welfare of the city; to prevent damage to any public sewer or water
main, street, sidewalk or other public property; to protect trees
and shrubs located in public areas from undesirable and unsafe planting,
removal, treatment and maintenance practices; and to guard all trees
and shrubs within the city against the spread of disease or pests.
The provisions of this chapter shall apply to all trees, shrubs or
plants growing or hereafter planted in or upon any public right-of-way
or other premises owned or controlled by the city and all trees or
shrubs growing or to be planted in or upon any private premises which
shall threaten the lives, health, safety or welfare of the public
or of the property owned or controlled by the city.
Whenever the following words or terms are used
in this chapter, they shall have the following meanings:
Person, firm or corporation.
All trees or shrubs located or to be planted on any park,
playground or other property owned or controlled by the city or on
any public street, alley, sidewalk or highway within the public right-of-way.
A.
Appointment. There is hereby created the Office of
the City Forester, who shall be appointed by the Mayor for an indefinite
term, subject to the confirmation of the Council, and shall report
to and be supervised by the Director of Public Works.
B.
Duties and powers. The City Forester shall direct,
regulate and control the planting, care and removal of all public
trees and shrubs within the city and shall cause the provisions of
this chapter to be enforced.
A.
The Council shall adopt street tree plans as the city
develops and permanent improvements are installed. Such street tree
plans shall become effective upon adoption of such plans by resolution
to incorporate said plans by reference as if fully set forth herein
and attaching said plan or plans to each resolution. No person shall
thereafter plant, transplant or move any public tree or shrub on any
street or alley of the city except to the location on said plan and
unless it is the species or variety therein designated. The City Forester
may waive the requirements of this section in cases of extreme hardship
where such waiver is in the public interest or necessitated by the
physical characteristic of the tree or shrub.
B.
Species of street trees. The following listed varieties
or species of street trees shall be the only trees allowed to be planted
on city property:
(1)
Emerald Queen Norway Maple (Acer platanoides).
(2)
Red Maple (Acer rubrum).
(3)
Red Oak (Quercus rubra).
(4)
Greenspire Pyramidal Littleleaf Linden (Tilia cordata).
(5)
Skyline Honeylocust (Gleditsia triacanthos).
(6)
Imperial Honeylocust (Gleditsia triacanthos).
(7)
Ginkgo (male) (Ginkgo biloba).
(8)
Marshall Seedless Green Ash (Fraxinums pennsylvanica
subintegerrima).
(9)
Autumn Purple White Ash (Fraxinus americana).
(10)
Common Hackberry (Celtis occidentalis).
(11)
Baumann Horsechestnut (Aesculus hippocastanum).
C.
Controversy. If there is any question as to the species
of trees or shrubs or to the location of such trees or shrubs, the
decision of the City Forester shall be binding.
A.
Permit required. No person, except upon order of the
City Forester, shall plant, transplant, move, spray, brace, trim,
prune, cut above or below ground, disturb, alter or do surgery on
a public tree or shrub within the city, or cause such acts to be done
by others, without first obtaining a written permit for such work
from the City Forester as herein provided.
B.
Exemptions. No permit shall be required to cultivate, fertilize or water public trees or shrubs. The City Forester may authorize any person to do any work or act described in Subsection A without written permit whenever he or she determines that such work or act will not be detrimental to the public interest and will be in accord with the other requirements of this chapter.
C.
Requirements and conditions of permits.
(1)
If the City Forester determines that the proposed
work or planting described in an application for a permit is necessary
and in accord with the master street tree plan, taking into account
the safety, health and welfare of the public, location of utilities,
public sidewalks, driveways and streetlights, general character of
the area in which the tree or shrub is located or proposed to be located,
type of soil, characteristics and physiological needs of the species
or variety of tree or shrub, he or she shall issue a permit to the
applicant.
(2)
As a condition of granting any permit to remove a
public tree or shrub, the City Forester may require that the permittee
plant one or more trees or shrubs in place of the one removed, and
no permittee under such a conditional permit shall fail, refuse or
neglect to plant trees or shrubs of this type, size and in the location
specified in his or her permit.
D.
Form; expiration; inspection. Every permit shall be
issued by the City Forester on forms prepared by him or her and shall
include a description of the work to be done and specify the species
or variety, size, nursery grade and location of trees or shrubs to
be planted, if any. Any work done under such permit must be performed
in strict accordance with the terms thereof and the provisions of
this chapter. Permits issued under this section shall expire six months
after date of issue.
F.
Permits to public utilities. Whenever a permit is
issued to a public utility to move, trim, prune, cut, disturb, alter
or do surgery on any public tree or shrub, the City Forester shall
limit the work to be done to the actual necessities of the utility
and may assign an inspector to supervise the work done under the provisions
of the permit, and the expense of such inspection or supervision shall
be charged to the utility.
No person shall move any building, structure
or object exceeding 13 1/2 feet in height or width upon, over
or along any public right-of-way or other public place without first
obtaining a written permit from the City Forester, who may require
the applicant to furnish a bond or cash deposit to cover the cost
of repairing or replacing any public trees or shrubs which are injured
as a result of the moving operations, specify the route to be taken
and impose any other conditions reasonably necessary for the protection
of nearby public trees from injury. Permits issued under this section
shall expire 30 days after date of issue.
A.
Injury to trees and shrubs prohibited. No person shall,
without the consent of the owner in the case of a private tree or
shrub, or without a written permit from the City Forester in the case
of a public tree or shrub, do or cause to be done by others any of
the following acts:
(1)
Secure, fasten or run any rope, wire, sign, unprotected
electrical installation or other device or material to, around or
through a tree or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy or
permit any fire to burn where it will injure any tree or shrub.
(3)
Permit any toxic chemical, gas, smoke, salt brine,
oil or other injurious substance to seep, drain or be emptied upon
or about any tree or shrub.
(4)
Excavate any ditch, tunnel or trench or lay any drive
within a radius of 10 feet from any tree or shrub.
(5)
Erect, alter, repair or raze any building or structure
without placing suitable guards around all nearby public trees or
shrubs which may be injured by such operations.
(6)
Knowingly permit any unprotected electric service
wires to come in prolonged contact with any public tree or shrub.
(7)
Remove any guard, stake or other device or material
intended for the protection of a public tree or shrub or close or
obstruct any open space about the base of a public tree or shrub designed
to permit access of air, water and fertilizer.
B.
Trees to be kept trimmed. Trees and shrubs standing
in or upon any public right-of-way between the lot line and the curb
or edge of the improved street or upon any private premises adjacent
to any public street, right-of-way, park, playground or place shall
be kept trimmed by the owner or owners of the premises upon or in
front of which such trees or shrubs are standing so that the lowest
branches projecting over the public street or right-of-way provide
a clearance of not less than 13 1/2 feet and over all other public
places of not less than 10 feet. The City Forester may waive the provisions
of this section for newly planted trees if he or she determines that
they do not interfere with public travel, obstruct the light of any
street light or endanger public safety. Any tree or shrub not trimmed
as herein provided is hereby declared to be a public nuisance.
C.
Obstruction of view at intersections prohibited. No
person shall maintain, plant or permit to remain on any private or
public premises situated at the intersection of two or more streets
or alleys in the city any hedge, tree, shrub or other growth which
may obstruct the view of the operator of any motor vehicle approaching
such intersection to the extent that such operator is unable to observe
other vehicles or pedestrians approaching or crossing said intersection.
Any such hedge, tree, shrub or growth is hereby declared to be a public
nuisance.
Each and every female tree of the species Populus
deltoides, variety Populus balsamifera or other pistillate form of
the genus Polulus, commonly known as "Cottonwoods," every female tree
of the species Acer negundo, commonly called the "seed-bearing Box
Elder," which is now or may hereafter become infested with Leptocoris
trivittatus, commonly known as the "Box Elder" bug, or any other tree
or shrub whose seeds, fruits or flowers shall fall in such manner
as to interfere with the storm drainage system is hereby declared
to be a public nuisance, and any person having any such tree on his
or her premises shall cause the same to be destroyed.
A.
Authority over public trees and shrubs. The City Forester
shall have the authority to plant, trim, spray, preserve, renew and
remove public trees and shrubs or cause such work to be done as may
be necessary to ensure the safety or preserve the symmetry and beauty
of public streets or grounds and to protect public sidewalks, streets,
sewers and mains from damage or injury.
B.
Authority over private trees and shrubs.
(1)
Notice to abate nuisances. Whenever the City Forester
shall find on examination that any tree or shrub or part thereof growing
or located upon private premises is a public nuisance as previously
defined in this chapter, or endangers the life, health, safety or
property of the public, or is infested with parasites or insect pests
or disease which may spread or scatter to public trees and shrubs,
he or she shall notify the owner or his or her agent, in writing or
by publication in a newspaper of general circulation in the City,
that the nuisance must be sprayed, removed or otherwise abated as
directed in the notice within the time specified, which shall not
be less than 10 days, unless the City Forester shall determine that
immediate correction or removal is necessary for public safety.
(2)
Abatement by City. If the owner of such premises or his or her agent shall refuse or neglect to comply with the notice within the time specified, the City Forester shall proceed pursuant to § 178-8, Abatement of public nuisances, of this Code.
[Amended 8-17-2010 by Ord. No. 2010-2017[1]]
[1]
Editor’s Note: This ordinance also repealed former Subsection
B(3), regarding authority to enter private premises, which immediately
followed this subsection.
No person shall prevent, delay or interfere
with the City Forester or his or her agents, employees or servants
while they are engaged in carrying out any work or activities authorized
by this chapter.
