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(a) It is the purpose of this chapter to promote and protect the public health, safety and general welfare of the City by providing for the regulation of the planting, maintenance and removal of trees and shrubs located in and on public places, curb lawns and street rights-of-way within the City.
(b) This chapter, except as otherwise stated, shall apply only to public streets, curb lawns, parks and other land publicly owned or controlled by the City.
(Ord. 17-01. Passed 12-4-01.)
As used in this chapter:
(a) "Annual Tree Work Plan" means the annual plan outlining work to be carried out in the coming year as announced in December of each year by the Director of Public Works.
(b) "Curb lawn" means the area between the street curb and sidewalk on streets with curbs and gutters and the area between the traveled portion of the road and the dedicated public right-of-way on all other streets or roads.
(c) "Department" means the Department of Public Works.
(d) "Director" means the Director of the Department or the authorized representative of the Director.
(e) "Park" means all public parks having individual names and all areas owned by the City or to which the public has access as a park.
(f) "Prohibited species" means poplar, willow, box elder, silver maple, locust, tree of heaven, catalpa, mulberry, or Chinese elm trees.
(g) "Public tree" means any tree located in or on a street right-of-way, curb lawn, park, or other land publicly owned or controlled by the City.
(h) "Public utility" means any person owning or operating a pole, line, pipe, or conduit located in a public right-of-way or over or along any public easement or right-of-way for the transmission of electricity, gas, telephone or telecommunication service including but not limited to cable television.
(i) "Tree" unless the context clearly indicates otherwise, includes trees, shrubs, bushes and all other woody vegetation.
(j) "Tree Advisory Council" means a committee formed for the purpose of developing guidelines related to the implementation and enforcement of this chapter, the Annual Tree Work Plan, and other measures that insure a healthy urban forest.
(Ord. 17-01. Passed 12-4-01.)
(a) The Director of Public Works is charged with the duty of enforcing this chapter and is responsible for creating the Annual Tree Work Plan.
(b) The Director of Public Works, or the designated representative of the Director, will take into account the advice of the Tree Advisory Council in making decisions regarding tree management and in creating the Annual Tree Work Plan.
(Ord. 17-01. Passed 12-4-01.)
(a) The Director of Public Works shall have control over all trees located within curb lawns, street rights-of-way and parks in the City and the planting, care and removal thereof, subject to the regulations contained in this chapter.
(b) Citizens wishing to plant, prune, or remove a tree in the curb lawn or public right-of-way must apply for a permit. Application for such a permit shall be submitted to the Department of Public Works and shall include the applicant's name and address as well as the location of the tree, species of tree to be planted, pruned, or removed, and such other information as the Director of Public Works may require.
(c) The Director is authorized to require as a condition to granting of approval for such work that the work be done in accordance with applicable American National Standards Institute (ANSI) standards and that the citizen assume all or part of the cost of such work.
(d) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
The Department of Public Works shall have the right to plant, trim, spray, preserve and remove trees, plants and other vegetation within the lines of all streets, alleys, parks and other public places owned or controlled by the City as may be necessary to insure safety or preserve the symmetry and beauty of such public grounds. The Director of Public Works may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which is of a prohibited species or which is infected with any injurious disease, fungus, insect, or other pest. Whenever the Department removes a tree solely for the purpose of constructing a public work, the Director shall, whenever practical and if so recommended by the Tree Advisory Council, replace the same at public expense at some nearby location by planting another tree, not necessarily the same type.
(Ord. 17-01. Passed 12-4-01.)
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