(a) Damage to Public Trees. No person shall, without the consent of the owner in the case of a private tree or shrub, or without written permits from the Village Forester in the case of a terrace-area tree, public tree or shrub, perform or cause to be performed by others any of the following acts:
(1) Secure, fasten or run any rope, wire sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.
(2) Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to bum where it will injure any tree or shrub.
(3) Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub or place cement or other solid substance around the base of the same.
(4) Remove any guard, stake or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.
(5) Attach any sign, poster, notice or other object on any tree, or fasten any guy wire, cable, rope, nails, screws or other device to any tree; except that the Village may tie temporary signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades.
(6) Cause or encourage any fire or burning near or around any tree.
(7) Remove any Landmark/Heritage tree without a permit, without cause demonstrated for removal; following permission from the Village Forester, a replacement tree with a minimum diameter of two (2) inches shall be planted.
(b) Excavations. All trees on any parkway or other publicly owned property near any excavation or construction of any building structure or street work shall be sufficiently guarded and protected by those responsible for such work as to prevent any injury to said trees. No person shall excavate any ditches, tunnels or trenches, or install pavement within a radius of ten (10) feet from any public tree without a permit from the Village Forester.
(c) Interference With Forester. No person shall:
(1) Interfere with or prevent any acts of the Village Forester, his/her agents or employees while they are engaged in the performance of duties imposed by this Chapter.
(2) Refuse to permit the Forester or his/her duly authorized representative to enter upon his/her premises at reasonable times to exercise the duties imposed by this Chapter.
(d) Refusal to Abate Nuisance. No person shall permit any public nuisance to remain on any premises owned or controlled by him/her when ordered by the Forester to abate such nuisance.
(e) Clear Cutting Existing Trees. New property owners as of the time of adoption of this Chapter shall not clear cut trees on private property unless a replacement tree two (2) inches diameter or greater at breast height is planted, as determined by the Village Forester. If a removed tree cannot be replaced on private property, a replacement tree shall be planted on public property as directed by the Village Forester. The private property owner shall pay the cost of replacement trees.