Section
Trees
99.01 Definitions
99.02 Arborist to control trees
99.03 Permit required
99.04 Removal of trees on public property
99.05 Abuse or mutilation of public trees
99.06 Deleterious substances near trees
99.07 Stone or concrete adjacent to tree trunk
99.08 Preservation of trees on public property
99.09 Care during building operation
99.10 Moving of trees; deposit or bond
99.11 Trimming trees on private property
99.12 Certain trees prohibited
99.13 Planting of trees on public property
99.14 Planting and maintenance in cul-de-sac and boulevard islands
99.15 Trees in new subdivisions
99.16 Unlawful interference
Weeds
99.20 Noxious weeds; duty to cut
99.21 Managed natural landscape
99.99 Penalty
Cross-reference:
For classification of civil offenses and related proceedings, see Chapter 38
TREES
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARBORICULTURE. The care of trees.
ARBORIST. The City of Bowling Green municipal arborist.
BOULEVARD ISLAND. The portion of divided streets that is unpaved, public property owned or held by the city and over which the city has a right to restrict, manage, and control plantings, typically located at entrances and exits from residential areas. Occasionally these boulevard islands run the entire length of a street.
CUL-DE-SAC ISLAND. The unpaved portion of cul- de-sacs, public property owned or held by the city and over which the city has a right to restrict, manage, and control plantings.
CONIFER. Any cone-bearing tree or shrub that retains its green living foliage the entire year.
PUBLIC PLACE. Any public street, public park, any property owned or held by the city, or any area over which the city has a right or easement to maintain trees.
TREELAWN. The unpaved portion of street right-of- way; normally the green space between the sidewalk and the curb or edge of street pavement.
TREE PRESERVATION. Includes the treating, spraying, pruning, maintaining, and any other care or work intended for the strengthening of trees and removal and prevention of tree pests, blights, and diseases of any kind.
TREE TOPPING. The severe cutting back of limbs to stubs of three inches or more in diameter within the tree’s crown, to such a degree as to remove the normal canopy and disfigure the tree.
(1980 Code, § 99.01) (Ord. 7241, passed 5-3-2004)
Cross-reference:
Tree Commission, see § 30.108
(A) The arborist is given full jurisdiction, authority, control, supervision, and direction of all trees which now or which may hereafter exist upon any public place in the city; and over all trees which exist upon any private property when, in the arborist’s opinion, such trees constitute a menace to public property, public safety, or public welfare of the city.
(B) If in the opinion of the arborist, a tree located on private property does constitute a menace, requiring the tree to be removed, the arborist shall issue a written justification to the property owner. Said notice shall provide no less than 30 days for the private property owner to remove the tree. If the private property owner does not remove the tree in the timeframe established, the Municipal Administrator or his or her designee may cause the tree to be removed at the expense of the city. Thereupon, the expense of removal and all related costs, calculated in accordance with the formula on file with the Public Works Director, shall be billed to the property owner by regular mail. Upon failure to reimburse the city this amount within 30 days thereafter, the Council shall make written return to the County Auditor along with a request that such amount be entered upon the tax duplicate, to become a lien upon such lands from and after the date of entry, and to be collected as other taxes and returned to the city according to law.
(C) The arborist is also given full jurisdiction, authority, and control in connection with the issuing of permits hereinafter provided for. In the exercise of any of the powers herein granted, the arborist shall have the authority to delegate all or such part of his or her power and duties with respect to supervision and control of trees to the arborist’s subordinates and assistants in the employ of the city as the arborist may from time to time determine.
(1980 Code, § 99.02) (Ord. 7241, passed 5-3-2004; Am. Ord. 8677, passed 5-21-2018)
No person shall plant, prune, remove, cut, climb, or injure any tree existing on any public place in the city, or authorize or procure any persons 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 whatever 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 having first obtained written permission from the arborist to do so.
(1980 Code, § 99.03) (Ord. 7241, passed 5-3-2004) Penalty, see § 99.99
Loading...