(A) Maintenance of trees. The responsibility of tree maintenance is outlined as follows.
(1) All city trees located on property owned by the city on public right-of-way planted by the city shall be maintained by the city.
(2) Trees present prior to this chapter in the public right-of-way of the city shall continue to be the responsibility of the abutting property owner.
(B) Permission required for certain actions.
(1) It shall be unlawful to commit any of the following acts with respect to city trees without the prior written permission of the city:
(a) Cut, prune, break, injure, alter or remove any tree or cut, unduly disturb or interfere in any way with any root of a tree or trees;
(b) Fasten any object, rope, wire, sign, insulator or other device to a tree or trees;
(c) Install, remove or injure any guard or device placed to protect trees;
(d) Close or obstruct any open spaces provided about the base of a tree or trees to permit the access of air, water and fertilizer to the roots of such tree or trees; and/or
(e) Cut any roots within ten feet of any trunk or any roots four inches or more in diameter.
(2) The city may grant written permission if the activity for which such permission is requested, is in the public interest and is not likely to injure any city tree. Any person or persons who may cause damage to any city tree shall be held liable for damages to said tree.
(3) No person shall operate, place or maintain, within the drip line of any city tree, any machinery, equipment, heavy object, stone, rocks, cement, earth, soil or other substance which may harmfully affect such city tree by preventing the access of water or air to the roots of such tree or excavate around to remove earth from or cause any water to flow upon the roots of any tree. The city may waive in writing, in whole or in part such provisions, but only to the extent absolutely necessary to alleviate undue hardship in the provision of necessary public utilities and the appropriate use and enjoyment of property.
(Ord. 11-2-16, passed 12-7-2016) Penalty, see § 91.99