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No person, firm or corporation shall tie any horse or any other animal to any tree in any public highway within the City or having charge of such horse or other animal, allow or cause or procure it to injure any such tree; nor shall any person in charge of such horse or other animal cause or allow it to stand so that it can injure such tree.
(a) No person, firm or corporation shall plant or set out any shade tree or cause or authorize or procure any person to plant or set out any shade tree, in or on any part of any public highway within the City, without first obtaining from the Director of Public Properties a written permit to do so or without complying in all respects with the conditions set forth in such written permit.
(b) Before any permit shall be issued for planting more than twenty-five (25) trees on any one (1) permit, the Director may request from the applicant a detailed declaration of intentions either in the form of a planting plan or written statement in duplicate. All planting plans shall be drawn on tracing cloth in ink. One (1) copy of each plan or statement of intentions shall, when approved by the Director, be returned to the applicant and the other copy shall be kept on file by the Director.
(c) All planting plans shall show accurately:
(1) The proposed street width, together with its subdivisions of pavement, curb, gutter, parking strip and sidewalk areas, to a definite indicated scale;
(2) The proposed location of each and every proposed tree together with the location of each existing within the proposed street lines in scaled relation to the other features of the plan;
(3) The variety of each and every tree proposed to be planted and of those already existing within the proposed street lines, either indicated on the plan or referenced with a number to key list;
(4) The distance between trees in any one (1) row in feet;
(5) The nature of the soil in the planting space, to a depth of three (3) feet, and all existing and proposed surface or subsoil drainage system.
(d) All statements filed in lieu of a planting plan shall contain the same information as required on the plan.
(a) No person in charge of the erection, repair, alteration or removal of any building or structure within the City shall fail to properly preserve, maintain, and protect, pursuant to the general requirements of Section 341.052, public trees that are in the vicinity of the building or structure from damage that may be caused by or may be a result of the erection, repair, alteration or removal of the building or structure.
(b) No person in charge of the erection, repair, alteration or removal of any building or structure within the City shall remove any public tree in the vicinity of the building or structure without prior written approval of the Commissioner of Urban Forestry or a designee and then only if one (1) or more of the situations under division (b) of Section 341.052 apply.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The Director of Public Properties shall have power to enter upon any private grounds in the City and cause to be sprayed or otherwise treated any tree or shrub infected or infested by any parasite or insect pest when it shall be necessary in the opinion of the Director to do so, to prevent the breeding or scattering of any parasite or animal pest, and to prevent danger therefrom to shade trees and shrubbery planted in the streets, alleys and public grounds of the City. Whenever in the opinion of the Director, trimming, treatment or removal of any such tree or shrub located on private grounds shall be deemed wise, the Director shall have power to trim, treat or remove any such shrub.
Council finds and determines that the Dutch Elm disease and the virus disease Phloem Necrosis commonly known as Elm Blight threaten shade trees in the streets and public grounds and places of the City, and that in order to preserve such trees it is necessary to discover and control these diseases.
(Ord. No. 1779-48. Passed 10-18-48)
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