(A) No person shall break, injure, mutilate, kill, destroy, set fire to or permit a fire to be set to any public tree or shrub. No person shall knowingly cause or permit to be caused the seepage, drainage, injection or emptying of any chemicals or other materials harmful or injurious to a tree on, into or within 20 feet of any tree in the city. Normal treatment of lawns with weed killer and lawn fertilizer shall be exempt from this section unless the weed killer or lawn fertilizer used is contained on a list of prohibited chemicals published by any agency of the governments of the United States or the State of Michigan.
(B) No person shall use any public tree as an anchor. No person shall fasten or hang any material of any kind to any public tree. No person shall attach any electrical wire or insulation to any public tree. This provision does not apply to residential Christmas holiday decorations.
(C) Any person who has under his or her care, custody, or control any facility which interferes with the care or removal of a public tree by the city must promptly abate such interference upon the request of the City Administrator or his designee.
(D) Public utilities have the responsibility to maintain their overhead or underground pipes, conduit mains or lines in such a manner as to prevent any leakage therefrom. In the event of such a leakage, the public utility charged with maintaining the line as to prevent leakage shall be charged the cost of removal and replacement of any public or private trees which occurs in order to repair the leak.
(E) The topping of any public tree is prohibited without written authorization of the City Administrator or his designee.
(F) No person may remove or cut down a public tree without written authorization from the City Administrator or his designee. Any person who violates this subsection shall be required, in addition to any other penalties imposed by this chapter or any other law, to replace all public trees so removed or cut down at the violator's expense. Specifications of any replacement tree shall be determined by the City Administrator.
(G) The city shall have the right to cause the removal of any private tree or any part thereof which meets the definition of the term nuisance as set forth in this chapter. In order to cause the removal of any such private tree, the city shall follow and fully comply with the procedures for abating such a nuisance as set forth in this chapter.
(Ord. 195, passed 2-15-93) Penalty, see § 97.99
Cross-reference:
Nuisance declared, see § 97.11