(a) Planting Requirements. All trees planted within public rights of way must follow the "right tree, right place" methodology and be of a species that will not adversely affect the surrounding infrastructure such as sidewalks, curbs, above ground or underground utilities, including, but not limited to, heaving of the infrastructure by the root system.
(b) Topping Prohibited. Except where trees are severely damaged by storms or other causes, or are so situated in relation to obstructions as to render proper pruning impossible, it shall be unlawful for any person to utilize the inappropriate pruning technique known as topping to any tree on public lands.
(c) Utilities. Utilities shall comply with the ANSI 300 Standards for tree care operations on or adjacent to public lands. A utility shall not be required to obtain a permit for routine operations affecting trees, if such work is done in strict accordance with said Standards. Upon review and recommendation of any application for waiver of said regulations by the Tree Board, a permit may be issued by the City Code Enforcement Officer that modifies the pruning specifications, provided that the permit shall not be contrary to the purposes and policies herein.
(d) Injuring Trees.
(1) It shall be unlawful for any person, except with written permit as herein provided, to improperly prune, including topping, or remove, vandalize, poison, injure, kill or administer any treatment of any tree situate, in whole or in part, upon public lands, or to place or maintain upon public lands, any stone, cement or other impervious matter or substance in such a manner as may obstruct the free access of air and water to the roots of any tree within such public lands. This provision shall not apply to the paving, repairing or altering of the public streets, sidewalks, and other public places by the City.
(2) Injury to trees is prohibited in that no person shall, in the case of public trees, do, or cause to be done by others, any of the following acts:
A. Secure, fasten or run any rope, wire, chain, sign, or other device or material around or through a tree;
B. Permit any toxic chemical, gas, smoke, brine, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub;
C. Set fire or permit fire to burn when such fire or the heat of such will injure any portion of any tree;
D. Remove any guard, stake or other device or material intended for the protection of any public tree or close or obstruct any open space about the base of a public tree or shrub designed to permit access to air, or water or fertilizer;
E. Any other actions which break, injure, mutilate, deface, kill, or destroy public trees.
(3) Any violation of this section shall be enforced pursuant to Article 171 Municipal Court of the Codified Ordinances and subject to the fines, penalties, and costs imposed by the municipal court judge.
(e) Emergencies. The City shall use a risk assessment policy adopted by Council to determine the condition of dead or dying trees on public property and cause their removal as appropriate. Public trees may also be removed as soon as possible when they pose a threat to public health and safety or obstruct any public way.
(Ord. 2020-011. Passed 12-7-20.)