§ 95.05  TREE MAINTENANCE REGULATIONS.
   (A)   The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of the public grounds.  The City Tree Board may remove or cause or order to be removed, any tree or part of a tree which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest.  This subsection does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with § 95.04.
   (B)   It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property.  Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.  Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this section at the determination of the City Tree Board.
   (C)   Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so there shall be a clear space of twelve feet (12') above the surface of the street or sidewalk.  The owners shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public.  The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
   (D)   The city shall have the right to cause the removal of any dead or diseased trees on private property within the city when the trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city.  The City Tree Board will notify in writing the owners of the trees.  Removal shall be done by the owners at their own expense within sixty days after the date of service of notice.  In the event of failure of owners to comply with these provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner's property tax notice.
(Ord. 1365-1992, passed 4-28-92; Am. Ord. 1669-2013, passed 9-10-13)