A.   Guard: Public trees near any excavation or construction project shall be guarded with a substantial fence, frame or box not less than four feet (4') high and eight feet (8') square, or within the critical root zone, whichever is greater. All building material, dirt or other debris shall be kept outside the barrier.
   B.   Excavation Permit: No person shall cut tree roots or excavate any ditch, tunnel, trench or place any paving material within a radius of eight feet (8') from any public tree without first obtaining an excavation permit from the public works department. The urban forester shall review and approve all such permits. Special exclusions may be granted to utility companies and other governmental entities as required by law. Utility companies, governmental entities and property owners must notify the city regarding excavation activity which is unavoidable and/or done without a permit. In cases of life threatening emergencies or utility emergencies, notification must be provided to the city within five (5) days of such activity.
   C.   Impedance: No person shall deposit, place, store or maintain upon a public place, any stone, brick, sand, concrete or other material which may impede the free passage of water, air or fertilizer to the roots of any tree growing thereon, except by written permit of the urban forester, or his or her designee.
   D.   Abuse: Unless specifically authorized by the urban forester, or his or her designee, no person or firm shall intentionally damage, cut, carve, transplant or remove any public tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow any gaseous liquid or solid substance which is harmful to trees to come in contact with the tree; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. All such abuse or mutilation of public trees shall be guilty of penalty provisions set forth in this chapter. (Ord. 2009-50, 10-6-2009)