1026.05 PROTECTION DURING BUILDING OPERATIONS.

   (a)   No person shall excavate any ditch, tunnel, trench or lay any drive within a radius of ten (10) feet from any tree, shrub or evergreen standing on any public street, park or public place without first obtaining a permit from the Director. If, in the opinion of the Department, the digging of any trench will result in injury to any tree, the City will require that tunneling be done in lieu of trenching.

   (b)   All trees, shrubs and evergreens on public streets, parks or public places located where any excavation, construction or repair on public or private property could damage them shall be protected by and at the expense of the owner, contractor or agent responsible for such excavation or construction. The protection shall be a substantial fence or guard as directed by the Director, protecting the trees, shrubs and evergreens from the materials and debris of construction, all of which shall be kept outside the protected area. No person shall by any type of construction, excavation or repair reduce the size of a tree lawn without first procuring permission from the Director.

(Ord. 7-13. Passed 3-12-13.)

1026.06 PROTECTION OF WIRES DURING PRUNING OR REMOVAL.

   Whenever the Director determines it necessary to prune or remove any tree or shrub in a public street, park or public place, and it is necessary to move or cut off the electricity from any wire designed to carry electric current; then the Director shall serve notice on the owner of such wire, to protect such wire, and such owner shall comply with such order within twenty-four (24) hours after the service of such notice.

(Ord. 7-13. Passed 3-12-13.)

1026.07 OPEN SPACES AROUND TREES.

   No person shall place or maintain upon the ground in a public street, park or public place any stone, brick, sand, concrete, or other material which may injure or impede the passage of water, air and fertilizer to the roots of any trees, shrubs or evergreens unless a permit has been issued by the Director. A permit shall be issued upon written application outlining the work to be performed and approved by the Director. The permit shall require an open space not less than two (2) feet in width from the trunk of any trees as a condition to its issuance.

(Ord. 7-13. Passed 3-12-13.)

1026.08 PROHIBITED SPECIES.

   (a)    The following species shall not be planted along the public streets or public places:

      (l)    Acer negundo (box elder);

      (2)    Acer saccharinum (silver maple);

      (3)    Ailanthus altissima (tree of heaven);

      (4)    Catalpa (catalpa - all common species, cultivars and varieties);

      (5)    Ginkgo biloba (Ginkgo): female only

      (6)    Morus (mulberry - all fruiting species, cultivars and varieties);

      (7)    Populus (poplar - all common species, cultivars or varieties);

      (8)    Salix (willow - all common species, cultivars or varieties);

      (9)    Ulmus pumila (siberian elm).

      (10)   Shrubs;

      (11)   Horse chestnut (all fruiting species; cultivars and varieties);

      (12)   Apple;

      (13)   Black locust;

      (14)   American elm (all fruiting species; cultivars and varieties);

      (15)   European white birch;

      (16)   European Mountain ash;

      (17)   American sweet gum (unless fruitless variety);

      (18)   Bradford pear.

   (b)    This section shall not apply to the Bexley Parks Department.

   (c)    Whenever any tree or shrub shall be planted or set out in conflict with the provisions of this chapter, the Director may cause removal of the same and the City shall not be obligated to replace the tree or shrub planted without compliance with this chapter.

(Ord. 7-12. Passed 3-12-13.)

1026.09 TREATMENT OF TREES AND SHRUBS IN PUBLIC PLACES.

   (a)   It shall be unlawful for any person to break, deface, injure, mutilate, kill or destroy any tree, shrub or evergreen in any public street, park or public place.

   (b)   No person shall place mulch or soil above ground level within two inches from the trunk of the tree, and no more than two inches deep above the ground level within three feet of the outside of the trunk of any tree, shrub or evergreen in any public street, park or public place.

   (c)   No person shall permit any fire to burn where such fire or heat therefrom, or heat from any source, will injure any portion of any tree or shrub in any public street, park or public place.

   (d)   No person shall damage, deface, injure, mutilate or remove any label or sign identify the nature or species of any tree, shrub or evergreen in any public street, park or public place.

   (e)   Without a written permit by the Director:

      (1)   No person shall attach any rope, wire, nails, advertising poster or other contrivance to any tree or shrub in any public street, park or public place.

      (2)   No person shall use, authorize or procure any person to use herbicides or other chemicals on any trees, shrubs or evergreens; spray, cut, break, injure, prune or treat any tree or shrub in any public street, park or public place. If in the judgment of the Director, the desired cutting, pruning, treatment, trimming, or spraying appears necessary and proper and the proposed method and workmanship are approved, the Director may issue a written permit for such work, and any work done under such permit shall be performed in strict accordance and under supervision of the Public Service Department.

(Ord. 7-13. Passed 3- 12-13; Ord. 28-23. Passed 9-12-23.)

1026.10 TOPPING.

   It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section by the Commission.

(Ord. 7-13. Passed 3-12-13.)

1026.11 INTERFERENCE WITH CITY.

   No person shall hinder, prevent or interfere with the agents or employees of the Department while the employees are engaged in planting, maintaining or removing any tree, shrub or evergreen in any public street, park or public place.

(Ord. 7-13. Passed 3-12-13.)