(A) It shall be unlawful to commit any of the following acts with respect to city trees without the prior written permission of the city:
(1) Cut, prune, break, injure, alter or remove any tree; or cut, unduly disturb or interfere in any way with any root of a tree or trees except as provided for in § 98.14 of this chapter;
(2) Fasten any object, rope, wire, sign, insulator or other device to a tree or trees;
(3) Install, remove or injure any guard or device placed to protect trees;
(4) Close or obstruct any open spaces provided about the base of a tree, or trees, to permit the access of air, water and fertilizer to the roots of such tree, or trees;
(5) Cut any roots within the drip line of any trees or any roots four (4) inches or more in diameter;
(6) String or bury wires or lines through a public park.
(B) The city may grant such written permission if the activity for which such permission is requested is in the public interest and it is not likely to cause injury to any city tree. Any person, or persons, who cause damage to any city tree(s) shall be held liable for damages to said tree(s).
(C) No person shall operate, place or maintain within the drip line of any city tree, any machinery, equipment, heavy object, stone, rocks, cement, earth, soil or other substance which may harmfully affect a city tree by preventing the access of water or air to the roots of the tree or excavate around to remove earth from, or cause any water to flow upon, the roots of any tree. The city may waive, in writing, in whole or in part, such provisions but only to the extent absolutely necessary to alleviate undue hardship in the provision of necessary public utilities and the appropriate use and enjoyment of property.
(Ord. 94-666, passed 9-20-94)