CHAPTER 909
Trees
Trees
909.01 Definitions.
909.02 City Arborist.
909.03 Master Street Tree Plan.
909.04 Tampering with trees.
909.05 Planting permit.
909.06 Application for permit.
909.07 Exception.
909.08 Prohibited acts.
909.09 Trimming by City.
909.10 Trimming by property owner.
909.11 Trimming at intersections.
909.12 Prohibited trees.
909.13 Authority to trim or remove trees.
909.14 Order to trim or remove trees; cost and assessment.
909.15 Obstructing air, water.
909.16 Tree moving; permit and deposit.
909.17 Duties of property owners.
909.18 Authority to enter premises.
909.19 Compliance by subdivider.
909.20 Creation of Tree Board.
909.21 Duties and responsibilities of Tree Board.
909.22 Public tree care.
909.23 Removal on private property.
909.24 Review by Council.
909.99 Penalty.
CROSS REFERENCES
Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Assessments for tree planting or maintenance - see Ohio R.C. 727.011
Plant disease inspection - see Ohio R.C. 927.14 et seq.
Trimming trees - see GEN. OFF. 557.01
Christmas tree sales - see BUS. REG. Ch. 717
Trees in subdivisions - see P. & Z. 1107.03(j)
909.01 DEFINITIONS.
(a) For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(b) "City Arborist" means that person appointed by the Mayor to serve as City Arborist without compensation.
(c) "Street tree" or "tree" means a tree, shrub, bush or other woody vegetation on land lying between property lines on either side of all streets and avenues within the City, except where otherwise indicated.
(d) "Park trees" means trees, shrubs, bushes and all other woody vegetation in public parks, and all areas owned by the City, or to which the public has free access as a park.
(e) "Public place" means any public street, public highway, public park or any property owned or held by the City.
(f) "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.
(Ord. 86-143. Passed 9-16-86.)
(Ord. 86-143. Passed 9-16-86.)
909.02 CITY ARBORIST.
(a) There is hereby established the office of City Arborist, who shall be appointed by the Mayor for an indefinite term, subject to confirmation of Council.
(b) The City Arborist is hereby given full jurisdiction of all trees which now or which may hereafter exist upon any public place in this City and over all trees which exist upon any private property in this City when such trees constitute a menace to this City.
The City Arborist is also given full jurisdiction, authority and control in connection with the issuing of permits hereinafter provided for.
In the exercise of any or all of the powers herein granted, the City Arborist 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.
(c) The City Arborist shall have the authority and it shall be his duty to order the trimming, preservation or removal of trees or plants upon private property when he shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places.
(Ord. 64-34. Passed 4-21-64.)
909.03 MASTER STREET TREE PLAN.
There is hereby adopted for the City a Master Street Tree Plan Public Document showing varieties of species of all trees to be planted in the public right of way of all streets within the City. The Plan is contained under separate cover and incorporated in this chapter by reference as if fully set forth herein. File and distribution copies of the Plan shall be as provided in Ohio R. C. 731.231.
No person shall hereafter plant, transplant or move any public tree on or to any street of the City except to a location where it will be in conformity with the Master Street Tree Plan and the species or variety therein designated.
(Ord. 64-34. Passed 4-21-64.)
909.04 TAMPERING WITH TREES.
No person shall plant, remove, destroy, cut, prune, treat, break, climb, injure or spray any tree existing on any public place in this 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 to such tree or authorize or cause the same to be done, without having first obtained written permission from the City Arborist to do so.
(Ord. 64-34. Passed 4-21-64.)
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