909.06 PROHIBITIONS.
   (a)   No person, firm or corporation shall do any of the following:
      (1)   Fail to perform any requirement contained in this chapter or commit any act prohibited in this chapter.
      (2)   Fail to trim or remove any planting within or abutting the public way to the property after receiving written notice in accordance with Section 909.05(d).
      (3)   Fail to pay the costs of trimming or removing any planting within the abutting tree lawn area of public way of the property.
      (4)   Excavate or significantly disturb the earth within a radius of ten (10) feet of any tree within the public way or on public land without first obtaining written permission from the Service Safety Director's designee under this chapter.
      (5)   Top (de-horn), remove or girdle any healthy tree in the public way or other public land without prior written approval from the Service Safety Director or his designee. Trees severely damaged by storms and needing to be trimmed or removed in the interest of public safety are exempted from this section. Trees damaged by insects, diseases or certain trees under utility wires or other obstructions may be removed with the approval of the Service Safety Director or his designee. Contractors involved in utility line pruning are exempted from this section; however, line pruning must be done in accordance with the guidelines set forth in the publication standard.
      (6)   Recklessly cause direct or indirect damage to a tree or other planting in the public way or on public land through any of the following means: cutting, carving, transplanting, removing, attaching rope, wire or nails or advertising posters; pouring harmful liquids or harmful chemicals on the tree or other planting or in or near CRZ; setting fire to or near a tree or other planting; impeding water, air or fertilizer to a tree or other planting.
   (b)   This section does not apply to political subdivisions or their agents, employees or subcontractors. (Ord. 5-2023. Passed 3-7-23.)