923.01 DEFINITIONS.

   For the purposes of this chapter, certain terms are defined as follows:

   (a)    "Arboriculture" or "tree preservation" means and includes the treating, spraying, pruning, maintaining and any other care or work intended for the strengthening of trees and the removal and prevention of tree pests, blights and diseases of any and all kinds.

   (b)   "Owner" means the owner or owners of the premises, including the holder of title thereto subject to contract or purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.

   (c)    "Private property" means all property not included in the definition of "public property", including, but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes.

   (d)   "Public place" means any public street, public highway, public park or any property owned or held by the City within the boundaries of the City.

   (e)   "Public property" means all property owned, operated or controlled by any government agency, including but not limited to streets, sidewalks, tree lawns, parks, playgrounds, parking lots, schools, libraries, post offices, municipal transit facilities and all other public lands and buildings.

   (f)    "Director of Public Works" or "Director" means the Director of the Department of  Public Works.

   (g)    "Tree" means any tree.

      (1964 Code 51.01; Ord. 1965-130. Passed 12-20-65.)

923.02 AUTHORITY OF SERVICE DIRECTOR.

   The Director of Public Works is hereby given full jurisdiction, authority, control, supervision and direction of all trees which now or which may hereafter exist upon any public place in this City. The Director is also given full jurisdiction, authority and control in connection with the issuance of permits hereinafter provided for. In the exercise of any or all of the powers herein granted, the Director shall have the authority to delegate all or such part of his power and duties with respect to supervision and control of trees to his subordinates and assistants in the employ of the City as he may from time to time determine. (1964 Code §51.02)

923.03 PERMIT REQUIRED FOR HANDLING TREES IN PUBLIC PLACES.

   No person shall plant, remove, destroy, cut, prune, fertilize, treat, break, climb, injure or spray any tree existing on any public place in the City, or authorize or procure any person to do so, or remove or tamper with any device placed for the protection of any such tree, or attach any rope, wire, chain, sign or other device whatsoever either to such tree or to any device placed for the protection of such tree, or authorize or cause the same to be done, without first obtaining written permission from the Director of Public Works  to do so. (1964 Code §51.03)

923.04 PLACING HARMFUL SUBSTANCES NEAR TREES.

   No person shall permit any natural or artificial gas, salt, brine water, oil, liquid dye or any other substance deleterious to trees to come in contact with the soil surrounding the roots of any tree upon any public place in this City in such manner as to kill, injure, deface, destroy or affect the growth of such tree. (1964 Code §51.04)

923.05 PLACING STONE OR CONCRETE NEAR TREES.

   No person shall place or maintain upon the ground in any public place any stone, concrete, brick or other impervious material or substance in such a manner as may obstruct the free access of air and water to the roots of any tree upon any public place in the City, without first having obtained written permission from the Director of Public Works to do so. Unless otherwise provided, there shall be maintained about the base of the trunk of each such tree at least nine square feet of open ground for a tree three inches in diameter, and for every two inches of increase of such diameter there shall be an increase of at least one square foot of open ground.

(1964 Code §51.05)

923.06 CARE OF TREES DURING BUILDING OPERATIONS.

   No person in charge of or responsible for the erection, alteration or removal of any building or structure in the City shall permit any tree upon any public place in the vicinity of such operation to stand without a good and sufficient guard or protection as shall prevent injury, damage or defacement to such tree arising out of, in connection with or by reason of such operation. The quality of guard or protection shall be determined by the Director of Public Works.

(1964 Code §51.06)

923.07 MOVING TREES.

   All moving of trees upon any public place in the City made necessary by the moving of a building or structure or any other private enterprise shall be done under the supervision and with the written permission of the Director of Public Works and at the expense of the applicant or person seeking the removal of such tree. Such applicant, as one of the conditions to obtaining such permission, shall deposit with the City such sum in cash as the Director may determine and specify to cover all of the cost of moving and replacing such tree, if the conditions of such permission require the replacement thereof. However, in lieu of such cash deposit, the Director may, in his discretion, accept a good and sufficient bond in like amount conditioned upon the payment of all the costs of such moving and replacement. (1964 Code §51.07)

923.08 TRIMMING TREES ON PUBLIC PROPERTY.

   The Director of Public Works shall keep trimmed all trees standing upon any public place in the City so that the branches of such trees projecting over any public sidewalk, private driveway or into any public street beyond the curb line shall not conflict with the public welfare.

(1964 Code §51.08)

923.09 REMOVAL OF TREES ON PUBLIC PROPERTY.

   The Director of Public Works shall have the right and duty to trim any tree existing on any public place in the City so as to insure the public safety or to preserve the function or beauty of such public place; and he shall further have the right to remove any such tree, or any part thereof, which is in an unsafe condition or which, by reason of its location or nature, is injurious or detrimental to other public improvements in this City, or is infected with any injury, fungus, insect or other pest or disease which cannot otherwise be controlled. (1964 Code §51.10)