547.01 Injury to trees and shrubs.
547.02 Nuisances in connection with trees.
547.03 Planting trees and shrubs.
547.04 Grass and weeds.
547.05 Use of DDT prohibited.
547.06 Diseased or dead elm trees to be removed.
547.07 Dutch elm disease and dutch elm diseased trees declared to be nuisances.
547.08 Barbed wire fences; hazardous shrubs and hedges.
547.09 Weed or tall grass removal.
547.99 Penalty.
CROSS REFERENCES
Noxious weed removal - see Ohio R.C. 731.51 et seq.
Trees - see S.U. & P.S. Ch. 905
No person shall:
(a) Remove, destroy, cut down, break, climb or injure any tree, ornamental plant or shrub in any street or public ground within the City, or any stake, wire or device protecting the same, except with and in conformance to the written permission of the Director of Public Service and Development that the proposed action is necessary to preserve the appropriate use of the street or public ground.
(b) Prune, fertilize, spray or otherwise treat any tree, ornamental plant or shrub, or to attach any rope, wire, chain, sign or other device thereto, except when employed by the City to do so, or with and in conformance to the written permission from the Director, which permission shall be given only when the Director finds that the proposed action will not substantially injure the tree, ornamental plant or shrub.
Upon application for a permit to prune any tree, plant or shrub, the Director or a subordinate designated by him, shall make an actual inspection of the tree, plant or shrub proposed to be pruned, and shall point out to the applicant, or mark with paint, or both, the branches, if any, which may be removed and the point of removal, and the designation shall constitute a part of the permit.
(c) Permit any gas, salt, brine, oil, liquid dye or other substance deleterious to tree life to come in contact with the soil surrounding the roots of any tree, ornamental plant or shrub in such manner as to kill or injure the same.
(d) Place or maintain upon the ground in any public street or place within the City any stone, concrete or other impervious material in such manner as to obstruct the free access of air and water to the roots of the tree, ornamental plant or shrub. An area of less than nine square feet of open ground around the base of the trunk of a tree three inches in diameter with an increase of one square foot of open ground for every two inches increase in diameter shall be prima-facie evidence of violation of this subsection.
(e) Cause or procure or knowingly or negligently permit a wire or other conductor charged with electricity to come in contact with any tree, ornamental shrub or plant so as to kill or injure the same, or fail to remove any wire or conductor or to cut off the current therefrom within forty-eight hours after written notice from the Director of Public Service and Development to do so, in case the Director finds it necessary to cut, prune or remove the tree.
(f) Fail to provide a good and sufficient protection for any tree, ornamental plant or shrub against any injury arising from any building operation of which he has charge.
(g) Cause or knowingly or negligently permit any animal to injure any tree, ornamental plant or shrub.
(h) Maintain any of the nuisances defined in this chapter.
(Ord. 74-36. Passed 5-6-74.)
The following acts, things and conditions done or existing within this City are declared to constitute nuisances:
(a) Any tree upon any street or public place or so near thereto as to permit the roots of the tree to penetrate through or under the surface.
(b) Any tree, plant or shrub, wherever located within the City, infected with any parasite, insect, fungus or pest, which may be communicated to any other tree, plant or shrub.
(c) Any tree which has fallen or is in such condition as is likely to fall on any public or private property, including the property upon which it is situated.
(Ord. 74-36. Passed 5-6-74.)
(d) Any tree, plant or shrub, including existing hedges, whose branches or trunk obstruct or impede traffic or visibility on any street or public place, branches overhanging any public sidewalk, pavement or roadway within twelve feet of such surface thereof shall be deemed prima-facie to obstruct or impede traffic thereon.
Whenever in the opinion of the Director of Public Service and Development any of the nuisances defined in this section exists, he shall cause its abatement and cause the cost of the abatement to be charged and collected in the manner provided by City ordinance. It shall be the discretion of the Director to cause any existing hedge or shrubbery, which obstructs full view of any intersection, sidewalk or other public area to be cut to a one and one-half foot maximum height within twelve feet of a public right of way when such hedge or shrubbery is deemed a hazard to motorists or pedestrians.
(Ord. 76-56. Passed 10-4-76.)
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