901.07 PROHIBITIONS.

   (a)    No person, firm or corporation shall do any of the following:

       (1)    Fail to perform any requirement contained in this chapter or commit any act prohibited in this chapter.

       (2)    Fail to trim or remove any planting within the abutting curb lawn area of the public way to the owner's or occupant's property after written notice in accordance with Section 901.05(c).

       (3)    Fail to pay the costs of trimming or removing any planting within the abutting curb lawn area of public right-of-way of the owner's or occupant's property.

      (4)    Excavate or disturb the earth within a radius of ten feet of any tree within the public way or on public property without first obtaining written permission from the City Manager's designee under this chapter. This subsection does not apply to public authorities or their agents, employees or contractors.

      (5)    Girdle, remove or top any healthy tree in the public way or other public property. Trees severely damaged by storms, insects, diseases or certain trees under utility wires or other obstructions where other pruning procedures are impractical may be exempted from this section.

       (6)    Intentionally cause direct or indirect damage to a tree or other planting in the public way or on public property through any of the following means: cutting; carving; transplanting; removing; attaching rope, wire or nails or advertising posters; pouring liquid or gaseous substances or harmful chemicals on the tree or other planting or CRZ; setting fire to or near a tree or other planting; placing chemical on or near the CRZ; impeding water, air or fertilizer to a tree or other planting. The City shall not be restricted in using anti-icing materials by this subsection.

         (Ord. 209-99. Passed 11-22-99.)