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During the erection, alteration, repair, demolition or removal of any building or structure, or excavation in connection therewith, the owner of the affected property shall place or cause to be placed around each nearby public tree one or more protective devices sufficient to prevent injury to the trunk, crown and root system of each such tree. No such device may be installed without a permit issued by the commissioner, who shall first determine that the devices will not injure the tree; such permit shall specify the manner of erecting or installing each protective device.
(Prior code § 32-12)
No person shall place or maintain or allow to be placed upon a parkway or median any asphalt, cement, stone, lumber or other substance without a permit issued by the commissioner. In determining whether to grant such a permit the commissioner shall consider: the nature of the substance; the quantity of the substance; the length of time during which the substance will remain on the parkway or median; its effect on trees, shrubs and other plant material on the parkway or median; the purpose of placing or maintaining the substance on the parkway or median; and the alternatives which may be available to the applicant.
Any substance placed on the parkway or median authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.
(Prior code § 32-14; Amend Coun. J. 1-13-10, p. 83228, § 3)
Any work to be performed under a permit issued hereunder shall be performed in accordance with said permit, this chapter and the rules and regulations promulgated hereunder. Violation of the terms of a permit, this chapter or rules and regulations promulgated hereunder shall be grounds for suspension or revocation of such permit, in addition to any other penalty provided in this chapter. Upon completion of the work the holder of the permit shall restore the parkway or median to a condition similar to that which existed prior to the work.
(Prior code § 32-15)
No person shall break, tear, paint, deface or damage any public tree or shrub; nor shall any person cause or allow any toxic chemical, gas, salt, oil, or other injurious substance to be dumped, drained or applied to or to seep or drain upon or about any public tree, shrub or other plant materials; provided, however, that this section shall not apply to the salting of streets by the commissioner for the purpose of melting ice and snow.
(Prior code § 32-17)
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