§ 94.08 PROTECTION AND MAINTENANCE OF STREET TREES.
   (A)   Damaging trees. It shall be a violation of the provisions of this chapter for any person to abuse, destroy, or mutilate any tree, plant, or shrub in a public parkway strip or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any tree growing in a public place or to cause or permit any wire charges with electricity to be placed or attached to any such tree, or allow any gaseous liquid or solid substance which is harmful to the trees to come in contact with their roots, trunks, or leaves.
   (B)   During construction. During the erection, repair, alteration, or removal of a building or structure, it is unlawful for the person in charge of the erection, alteration, or removal to leave a tree in or upon a public right-of-way in the vicinity of the building or structure without a good and sufficient guard or protectors to prevent injury to the tree arising out of or by reason or the erection, repair, alteration, or removal. Excavations and driveways shall not be placed within 6 feet of a tree or on a public right-of-way without written permission from the City Manager. During excavation or construction, the person shall guard the tree within 6 feet and all building material or other debris shall be kept at least 4 feet from any trees.
   (C)   Maintenance of street trees. Owners of property are required to maintain and care for the street trees within the public rights-of-way abutting their property. Maintenance and pruning shall be done in accordance with the applicable provisions of the city’s adopted design standards. For purposes of pruning, the property owner shall maintain at least 8 feet of clear space above all sidewalks and at least 12 feet of clear space above the road surface. Failure to comply with these maintenance requirements may result in a nuisance declaration and prosecution by the city for a nuisance.
(Ord. passed 1-16-1997; Am. Ord. 2011-10-01, passed 10-11-2011; Am. Ord. 2016-01-02, passed 2-9-2016) Penalty, see § 10.99