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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF COUNCIL. The Board of Council of the City of Fort Thomas, Kentucky.
BUILDABLE AREA. Any portion of area within the defined construction limits of a project that is essential for the purpose of constructing improvements thereon.
CITY. City of Fort Thomas, Kentucky (including any of its officers, employees, or designated representatives).
CITY TREE. A tree located on property owned by the city or public right-of-way.
DRIP LINE. A line connecting the tips of the outermost branches of a tree projected vertically onto the ground.
LANDMARK TREE. Any tree designated and identified as such by the Tree Commission pursuant to the standards set forth in this chapter.
NON-CITY TREE. Any tree other than a city tree as heretofore defined.
PROTECTIVE BARRIER. A barrier constructed to protect the root system or trunk of a tree from damage during construction or from equipment or soil or material deposits.
ROOT SYSTEM. Tree roots within the drip line perimeter.
TREE. Any living, self supporting woody or fibrous plant, usually having a single woody trunk, and having a diameter of not less than two inches measured at a point four feet above the ground.
TREE COMMISSION. The Tree Commission of the City of Fort Thomas.
(Ord. O-4-90, passed 5-7-90; Am. Ord. O-07-2010, passed 6-7-10; Am. Ord. O-15-2011, passed 9-19- 11; Am. Ord. O-18-2023, passed 12-18-23)
(A) It shall be unlawful to commit any of the following acts with respect to city trees without the prior written permission of the city.
(1) Cut, prune, break, injure, alter, or remove any tree; or cut, unduly disturb, or interfere in any way with any root of a tree or trees except as provided for in § 98.14 of this chapter.
(2) Fasten any object, rope, wire, sign, insulator, or other device to a tree or trees.
(3) Install, remove, or injure any guard or device placed to protect trees.
(4) Close or obstruct any open spaces provided about the base of a tree or trees to permit the access of air, water, and fertilizer to the roots of such tree or trees.
(5) Cut any roots within the drip line of any tree or any roots four inches or more in diameter except in accordance with the city Sidewalk Improvement Plan.
(6) String or bury wires or lines through a public park.
(B) The city may grant such written permission if the activity for which such permission is requested is in the public interest and is not likely to injure any city tree. Any person or persons who cause damage to any city tree(s) shall be held liable for damages to said tree(s).
(C) No person shall operate, place, or maintain, within the drip line of any city tree, any machinery, equipment, heavy object, stone, rocks, cement, earth, soil or other substance which may harmfully affect such city tree by preventing the access of water or air to the roots of such tree or excavate around to remove earth from or cause any water to flow upon the roots of any tree. The city may waive in writing, in whole or in part such provisions, but only to the extent absolutely necessary to alleviate undue hardship in the provision of necessary public utilities and the appropriate use and enjoyment of property.
(Ord. O-4-90, passed 5-7-90; Am. Ord. O-18-2023, passed 12-18-23) Penalty, see § 98.99
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