Whenever any public tree, shrub or other plant material has been damaged or killed and a fine has been recovered therefor under the provisions of this chapter, or where the amount of such damage has been ascertained and the settlement of such claim has been authorized, such fine or the amount so paid in settlement, or any necessary part thereof, when transferred to the city comptroller, may in the discretion of the commissioner of streets and sanitation be used for the purpose of defraying all necessary expenses incurred in and by the removal of such tree, shrub or other plant material and in replacing the same by a living tree, shrub or other plant material; provided, that the city council, from year to year, shall appropriate according to law an amount equal to the fines collected and sums of money paid in satisfaction of damages to trees, shrubs or other plant materials, as aforesaid, for such purposes.
(Prior code § 32-21)