§ 95.04 PERMISSION REQUIRED FOR CERTAIN ACTIONS.
   (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 unless permitted to do so by the city.
      (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 ten feet of any trunk or any roots four inches or more in diameter except in accordance with the city Sidewalk Improvement Plan.
   (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 may cause damage to any city tree shall be held liable for damages to said tree.
   (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. 464-1992, passed 10-7-92; Am. Ord. 03-2018, passed 3-7-18) Penalty, see § 95.99