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§ 98.011 REMOVAL OF STUMPS.
   All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. This requirement shall also apply on private property if said tree had an infectious disease.
(Prior Code, § 98.026) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023) Penalty, see§ 98.064
§ 98.012 TREE TOPPING.
   (A)   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.
   (B)   TOPPING is defined as the severe cutting back of limbs to stubs larger than one inch in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
   (C)   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 at the determination of the Public Works Superintendent.
(Prior Code, § 98.027) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023) Penalty, see § 98.064 
§ 98.013 STREET TREE SPECIESAPPROVED.
   No species, other than those included in the list of Preferred Species List located in the Urban Forest Management Plan may be planted as street trees without written permission of the Superintendent of Public Works. All trees shall be selected from Certified Nurseries and in accordance the most recent edition of the American Standards for Nursery Stock (ANSI Z60.1).
(Prior Code, § 98.028) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023) Penalty, see § 98.064 
§ 98.014 PROHIBITED TREES.
   The following trees are prohibited and shall not be planted on city property due to commonly acknowledged high maintenance and undesirable characteristics (such as, but not limited to, brittle wood, cavity prone, excessive deadwood, susceptibility to disease) associated therewith:
Latin Name
Common Name or Type
Latin Name
Common Name or Type
Acer campestre
Hedge maple
Acer negundo
Box elder
Acer saccharinum
Silver maple
Ailanthus glandulosa
Tree of heaven
Ginkgo biloba (female)
Ginkgo
Morus - all species
Mulberry
Populus - all species 1/
Poplars
Pyrus calleryana cultivars
Callery pear
Salix - all species
Willows
Ulmus americana 2/
American elm
Ulmus pumila
Siberian elm
Fraxinus
Ash
 
All types of fruit trees producing fruit typically for human consumption
 
(Ord. 2023-039, passed 9-26-2023) Penalty, see § 98.064
PUBLIC NUISANCES
§ 98.060 DEFINITION.
   The following are hereby declared PUBLIC NUISANCES under this chapter:
   (A)   Any dead or dying tree, shrub or other plant, whether located on city owned property or on private property;
   (B)   Any tree, shrub or other plant, or portion thereof, whether located on city owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public;
   (C)   Any tree, shrub or other plant, or portion thereof, whether located on city owned property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street sign on city property; and
   (D)   Any tree shrub or other plant, or portion thereof, whether located on city owned property or on private property which dangerously obstructs the view as such may be determined by the UF Manager pursuant to this subchapter.
(Prior Code, § 98.060) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023)
§ 98.061 RIGHT TO INSPECT.
   The Building Commissioner and Public Works Superintendent or designated city employee of the city have the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.
(Prior Code, § 98.061) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023)
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