(A)
The City Tree Board shall consist of five members, who shall be residents of the city. Members of the City Tree Board shall be appointed by the Mayor, by and with the approval of a majority of the members elected to the City Council. The term of the members of the City Tree Board shall be three years. Two members shall be appointed or reappointed to the City Tree Board on each of two successive years. On each year immediately following the second of the two successive years of appointment, one member shall be appointed or reappointed to the Tree Board. On each of the two successive years immediately following that year in which one member shall be appointed to the City Tree Board, two members shall be appointed or reappointed to the Board, as hereinabove provided. In the event of any vacancy in the membership of the City Tree Board, by whatever cause, the vacancy shall be filled by appointment of the Mayor, by and with approval of a majority of the members elected to the City Council. The person appointed to fill a vacancy on the City Tree Board shall hold office for the unexpired term. All members of the City Tree Board shall serve without compensation, except the City Forester. The City Tree Board shall make and formulate its own procedural rules and regulations, which shall be posted in a conspicuous location upon the premises where the proceedings of the Board are normally conducted and shall keep a journal of all of its proceedings. A majority of the members of the City Tree Board shall constitute a quorum for the transaction of business. One member of the city shall be designated the City Forester and shall serve as Chairperson of the Board.
(Prior Code, § 2-214)
(B) (1) It shall be the duty and responsibility of the City Tree Board to study, investigate, develop, formulate, up-date annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal and disposition of all park trees and street trees within the city and to present such plan annually to the City Council, which plan shall, upon its acceptance and approval by the City Council, constitute the official Comprehensive City Tree Plan of the city. The term PARK TREES, as used herein, shall mean all trees, shrubs, bushes and all other or different, woody vegetation situated in all public parks having individual names and all other or different, areas or tracts of land owned by the City or open to the general public as a park or public recreational area. The term STREET TREES, as used herein, shall mean all trees, shrubs, bushes and all other or different, woody vegetation situated on any land between the property lines on either side of all streets, avenues, alleys and all other or different, public thoroughfares within the city. The City Tree Board shall maintain at the office of the City Clerk a list, approved by a majority of the members of the City Tree Board, of species of trees, listed by common name, which shall constitute the officially recognized street trees species for the city, which list shall include a list of small trees, large trees and others. This list is incorporated by reference into this section which shall include any amendments or changes to the list. All trees planted as street trees in the city shall be planted 25 to 35 feet apart. All trees planted as street trees in the city shall be planted at least ten feet from all curbs, curb lines; five feet from sidewalks; and ten feet from driveways. No street trees, other than those species classified as small trees, shall be planted under or within ten lateral fee of, any overhead electrical, telephone or other utility wire or line or over or within five lateral feet of, any underground water, sewer, electrical, telephone or other utility wire, line or main. Not street tree shall be planted within ten feet, of any fire plug or with in 35 feet of an intersection of any two or more, curbs or curb lines. Any and all trees, bushes and shrubs planted or allowed to become or remain in conflict with the provisions of this section or any parts or portions hereof, are hereby declared to be a public nuisance and the city shall be and hereby is, authorized and empowered to institute and prosecute legal proceedings for the abatement of the same in the manner provided by law.
(2) It shall be unlawful for any person, corporation, partnership, group, firm or entity to trim, prune, treat, care for or sever from any land and street tree or park tree or any part or portion thereof, in return for any sum of money or any other thing of value, without first applying for and obtaining the written consent of the City Forester; provided that, before any consent shall be given, the City Forester shall require each and every applicant to furnish certificates of insurance issued by an insurance company or insurance companies, licensed in the state, showing that each such applicant has worker’s compensation coverage effective in the state and liability insurance in the minimum amount of $100,000 for bodily injury to any one person, $300,000 for bodily injury for any one occurrence and $50,000 property damage, which will indemnify and hold harmless the city of and from any and all claims, demands, liabilities and causes of action of every kind, sort or nature, covering, concerning, relating to, arising from or out of or connected with any and all acts of the applicant.
(3) The city shall have the right to care for, preserve, prune, plant, re-plant, maintain, remove cause to be removed, order to be removed and disposed of all street trees and all park trees, at such times, for such reasons and in such manners as the city may, in its sole and absolute discretion, decide from time to time. It shall be unlawful for any person to obstruct, delay, impede or interfere with the City Tree Board or any of its members, agents and servants or any other agents, servants or employees of the city while engaging in or performing, any duties or activities authorized, empowered, ordered or directed by, under or pursuant to this section or any part or portion thereof. Any person who willfully fails, refuses or neglects to comply with any part, portion or provision of the section shall be deemed guilty of an offense. A new violation shall be deemed to have been committed every 24 hours of any failure, refusal or neglect to comply with any parts, portions or provisions of this section.
(4) The City Council shall have the right to review any and all acts, conduct, rulings, orders and decisions of the City Tree Board; and any person may appeal any act, conduct, ruling, order or decision of the City Tree Board to the City Council, which shall hear and decide the appeal within a reasonable time. The City Tree Board shall, from time to time, as requested by the City Council, study, consider and investigate and make findings, reports and recommendations upon or concerning any and all matters, items and things coming within, concerning or relating to the duties and responsibilities.
(Prior Code, § 2-215)
(C) (1) It shall be unlawful for any person to top any tree on city-owned land or public road right-of-way.
(2) It shall be unlawful for any person working for hire to top any tree on public land within the corporate limits of the city.
(3) The term TOP or TOPPING is defined as removing the vertical leader stems and cutting the tree limbs back to a stub, bud or a later branch not large enough to assume a terminal role, resulting in decay of the trunk and/or main branches and sprout production. Usually involves removing more than one third the tree canopy.
(Prior Code, § 2-215.01) Penalty, see § 10.99
(Ord. 8-04, passed 7-12-2004; Ord. 10-04, passed 7-12-2004)
Statutory reference:
Related provisions, see Neb. RS 17-555