Loading...
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Board of Parks and Recreation of the city.
MEDIAN STRIP. The center section of a street, whether set off by curbs or not and whether planted or not, which separates opposing traffic.
OFFICIAL STREET TREES. Those trees appearing on a list adopted by a resolution of the Board of Parks and Recreation entitled “Official Street Trees.”
PARKWAY STRIP. That portion of a public street between the curb and the sidewalk.
PUBLIC STREET. Every way set about for public travel or use in the city including the entire parkway strip, sidewalk area, median strip, easements and rights-of-way.
STREET TREE. Any tree planted for the purpose of providing shade or beauty to a public street.
SUPERINTENDENT. The Superintendent of Parks and Recreation of the city.
(1979 Code, § 98.01) (Ord. 2777, passed 1-20-1975)
(A) The Board shall have jurisdiction and authority to enforce this chapter and shall have authority to do the following:
(1) To plant, trim, spray, preserve and remove street trees in parkway strips and median strips;
(2) To supervise all work done under a permit issued in accordance with the terms of this chapter;
(3) To establish an “official street trees” list, setting forth the types and varieties of trees that may be planted along public streets and other public places;
(4) To require trimming or removal of trees on private property which are dead, diseased, unsightly, in a condition which is injurious or detrimental to the public health and safety or to the growth of adjacent trees or which may project over the public street in such a manner to obstruct the passage of pedestrians and vehicular traffic on the public streets;
(5) To appoint a citizen’s advisory committee for the purpose of studying the subjects and problems specified by the Board, advising the Board concerning action, and participating in the deliberations of the Board, upon the invitation of the Board, without the right to vote; and
(6) To adopt rules and regulations for the implementation of this chapter.
(B) The Street Department of the City of Elkhart, may, at its own initiative, or upon request of the Board, trim or remove any street tree.
(C) The Superintendent shall have the authority to issue all permits required by this chapter. His or her decision may be appealed to the Board pursuant to § 98.08.
(1979 Code, § 98.02) (Ord. 2777, passed 1-20-1975)
(A) All new and replaced plantings of street trees shall be confined to shade and ornamental trees from the current “official street tree” list.
(B) No person, other than the Board, shall plant or set out any street tree without filing an application and procuring a written permit to do so. Permits shall be granted or denied on the basis of the “official street trees” list and other regulations created by the Board. No fee, except as otherwise provided herein, shall be charged for the issuance of a permit.
(1979 Code, § 98.03) (Ord. 2777, passed 1-20-1975)
(A) The Board and the Street Department of the city shall be responsible for the inspection, maintenance and removal of all street trees. No person shall trim or prune any street tree without a written permit from the Board or its designee.
(B) All trimming of street trees deemed necessary by the Board may be done by the city, through its Street Department.
(C) No person shall use or permit to be used any chemical which might damage trees for the control of insects or diseases or for any other reason upon, or in, the vicinity of any street tree without obtaining a written permit from the Board or its designee.
(D) Whenever a property owner wishes to have a street tree removed, he or she shall apply to the Superintendent for a permit for the removal. If the tree is found to be in good condition and the permit is to be granted solely for the convenience of the applicant, then the full cost of removal shall be borne by the applicant. The Superintendent shall issue no permit for the removal of a tree without requiring that at least 1 tree be planted for each tree removed.
(E) No person shall remove a street tree without planting a tree approved by the Superintendent. The Superintendent shall not approve the planting of a tree which is not found on the “official street trees” list.
(F) If the city widens a street and thereby removes any parkway strip, and if any street tree is thereby removed, the owner of the adjacent property may request the city to plant trees on his property to replace the trees so removed.
(G) Any public utility subject to the jurisdiction of the Public Service Commission of the state, may be given a permit from the Superintendent valid for 1 year from the date of issuance, permitting the utility to trim, brace, remove or perform other such acts with respect to street trees as may be necessary to maintain a safe operation of its business. Any utility company issued any such permit shall keep the Superintendent currently informed as to the place and nature of all work being performed with respect to any street trees.
(1979 Code, § 98.04) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
It shall be unlawful for any person to:
(A) Damage, cut, carve or injure any street tree;
(B) Attach any sign, wire or injurious material to any street tree;
(C) Cause or permit any wire charged with electricity to come in contact with any street tree;
(D) Allow any gaseous, liquid or solid substance harmful to trees to come in contact with the roots, leaves, bark or any part of any street tree; and
(E) Construct concrete, asphalt or brick paving, or otherwise filling up the ground area within 2 feet of any street tree so as to shut off air, light or water from its roots.
(1979 Code, § 98.05) (Ord. 2777, passed 1-20-1975) Penalty, see § 98.99
Loading...