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1026.05 PUBLIC TREE REMOVAL.
   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.)
1026.06 SPACING OF SHADE AND ORNAMENTAL TREES.
   Plantings of shade and ornamental trees in streets and parks of the City shall be done by the Department of Public Works in accordance with prescribed tree planting practices. Elm trees shall be spaced not less than sixty feet apart. Oak trees shall be spaced not less than fifty feet apart. Other shade and ornamental trees shall be spaced not less than forty-five feet apart. No trees shall be planted in the curb lawn when that area is less than three feet wide. All trees shall be planted mid-way in the curb lawn. No tree shall be planted nearer than twenty-five feet from intersecting rights-of-way of any streets.
(Ord. 17-01. Passed 12-4-01.)
1026.07 PROTECTION OF PUBLIC TREES.
   (a)   No person shall break, cut down, damage, injure, poison, or in any other manner, intentionally destroy or cause to be destroyed, or remove, any tree, or part thereof located within the public streets, curb lawns, parks, or within any other land publicly owned or controlled by the City except in accordance with the provisions of this chapter.
   (b)   No person shall set fire within twenty-five feet of any public tree or permit any fire or the heat thereof to injure any portion of any public tree. No toxic chemicals or any other injurious materials to trees shall be allowed to seep, drain, or be emptied on, near or about any public tree. No electrical wires or other lines or wires shall be permitted to come into contact with any tree in any manner that causes damage thereto and no person shall attach any electric insulation to any public tree.
   (c)   No person shall use any public tree as an anchor, except by special written permission from the Director of Public Works, and no material shall be fastened to or hung on any public tree. All persons having under their care, custody or control, facilities which may interfere with the trimming or removal of a public tree shall, after notice from the Department of Public Works, promptly abate such interference in such a manner as will permit the trimming or removal of such tree by the Department. The Director shall certify all City permits for construction, insulation, alteration, moving or raising of all buildings, utilities, sidewalks, sewers or other facilities or operations where public trees or parts thereof are involved.
   (d)   A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
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