(A) The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, venues, lanes, squares, park grounds, as may be necessary to insure public safety.
(B) The Akron Tree Commission, with Town Council approval, may remove or cause to be removed, at the town's expense, any tree or part thereof which is 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 so affected with any injurious fungus, insect or other pest. However, if a homeowner requests the removal of a healthy street tree it shall be done at their expense with Town Council approval.
(D) In general it will be more satisfactory to engage a nurseryman, arborists, or someone familiar with tree care to do any planting. If the property owner does the planting, he or she should familiarize himself or herself with the requirements for successfully transplanting trees.
(E) All materials to be planted shall be nursery stock.
(F) Proper watering is extremely important for trees the first two years following transplanting. During dry periods, add enough water to soak the soil to root depth once a week. Transplanted trees can be over watered. (If the soil is heavy and drains poorly, the trees may be injured by too much water as well as too little.)
(G) Within the limits of the Tree Ordinance and the Tree Commission's budget, the town shall assume the expense of tree care for street trees. All routine street tree care undertaken by the town shall be initiated by the Tree Commission and undertaken by a certified arborist.
(H) The owner-occupant shall be responsible so as to not permit limbs or branches to obstruct movement of vehicles or pedestrians along streets, alleys or sidewalks in the town. The limbs shall be trimmed so that there is a clear space above the street surface of 12 to 14 feet; above the sidewalk surface of eight feet; behind the street edge or alley edge of three feet; and in such a manner as to not obstruct the view of any street activity.
(I) Public utilities or their agents other than the town may trim street tree roots and branches as necessary for the maintenance of utility service and as prescribed by state law and limited in § 31.22(I). The cost of such tree care is not the responsibility of the town. Trimming may be performed by owner/occupant provided that the above stated standards are complied with.
(J) It shall be unlawful as a normal practice for any person to:
(1) Top (see § 31.24) trees within public utilities or their agents right-of-way or on other city property;
(2) Prune horizontally a branch of more than one-inch in diameter; or
(3) Cut limbs within the tree's canopy back to stubs.
(Ord. 2000-2-15, passed 2-15-00; Am. Ord. 4-18-2006, passed 5-16-06) Penalty, see § 31.99