(A) Care of public trees. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure the public safety or to preserve or enhance the symmetry and beauty of public grounds. No other planting may be done without consent of the City Forester.
(B) Removal of trees endangering utilities or other public improvements. The City Forester may remove or cause to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to any public utility or public improvement, or is affected with any injurious fungus, insect or other pest. Every tree overhanging any street or right-of-way within the city shall be pruned so that the branches will not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there is a clear space of at least eight feet above the street or sidewalk.
(C) Protection of public trees near construction activities. Any tree located on city property in the immediate vicinity of any excavation, demolition or construction site of any building, structure, street or utilities work which has potential for injury, shall be protected from injury.
(D) Tree topping prohibited. It is unlawful for any person to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs within the tree's crown to a degree so as to remove normal canopy and disfigure the tree. 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 subchapter, as determined by the Tree Board.
(E) Permits relating to public trees. It is unlawful for any person to plant, remove, cut above the ground or disturb any tree on any street, park or other public place without first filing an application and procuring a permit from the City Forester. The person receiving the permit shall abide by the standards set forth in this subchapter.
(F) Adjacent landowner responsibility. Owners of property adjacent to street trees shall maintain the trees by periodic watering and fertilization of street trees as necessary to maintain good health and vigor and protect the trees against damage caused by lawnmowers, weed trimmers, snowblowers and similar equipment.
(1) Public trees; private property owner requests; financial responsibility. In cases where an owner of private real property abutting city property requests city actions on street trees or public trees, the requesting owner shall be financially responsible for the following:
(a) Removal of trees, limbs or roots preventing house moving or other construction activities;
(b) Removal of trees, limbs or roots for the alteration of tree or abutting property appearance where no hazard or nuisance exists; and
(c) Spraying, fertilizing or treatment other than may be regularly conducted on a city-wide basis by the city.
(2) Financial responsibility. Financial responsibility does not eliminate the requirement of obtaining necessary permits required by this subchapter.
(Prior Code, § 7.06, Subd. 4) (Ord. 149, effective 7-1-1994) Penalty, see § 10.99