(A) Planting or erection.
(1) No tree, hedge, fence, shrub, or similar structure shall be planted, erected, or maintained in a watercourse or right-of-way without a permit.
(2) No tree, hedge, shrub, or other planting whatever, fence, or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street or which impairs adequate sight distance for safe pedestrian or vehicular traffic.
(B) Acceptable trees for street planting. All trees and shrubs planted in any public planting strip or other place on public streets shall conform as to specie, spacing, and location to the Schedule of Acceptable Trees for Street Planting issued by and approved by the City Engineer.
(C) Care and removal of trees and shrubs by city. The City Engineer or his duly authorized representative may cause to be trimmed, pruned, or removed any tree, hedge, shrub, plant, or vegetation in any public street, planting strip, or other public space or public easement when not in conformity with the provisions of this chapter or when endangering the use of public facilities.
(D) Abuse of trees and shrubs. It shall be a violation of the provisions of this chapter to abuse, destroy, or mutilate any tree, hedge, shrub, or plant in a public planting strip or in any public street, public easement, or public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place or planting strip, or to cause, permit, or allow any gaseous, liquid, or solid substance which is harmful to such tree to come in contact with its roots or leaves.
(E) Maintenance. The permittee, or the owner of the adjacent property, shall maintain the trees, hedges, shrubs, walls, fences, or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this chapter, the City Engineer may direct the permittee or property owner to remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.
(F) Lawns.
(1) Notwithstanding anything contained in this chapter to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of-way of a public street without a written permit; provided, however, the lawn shall not extend into the traveled way of the public street nor into the drainage ditches, gutters, or other drainage facilities.
(2) The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to the provisions of this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, the lawn will be removed and replaced by the permittee unless the permit specifically states otherwise.
('66 Code, § 7-2.623) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.