(A) Right of the city. The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to ensure safety or to preserve or enhance the symmetry and beauty of such public grounds.
(B) Permit for installation.
(1) It shall be a violation for any person to plant trees, shrubs, or other plant material within any public right of way, landscape easement, park, or other municipal property unless authorized by an approved development site plan and subdivision agreement and/or a right-of-way permit from the Department of Engineering and Planning. A permit may be refused when the planting is likely to create a public danger or nuisance or to be detrimental to the growth of adjacent trees.
(C) Permit for maintenance.
(1) No person shall treat, spray, or prune a street tree or hire someone to care for a street tree unless the city first grants a proper right-of-way permit. The permit may be issued to property owners or certified arborists. The purpose of this permit is to insure the planting of desirable trees and the proper location and spacing.
(2) It shall be unlawful for any person to:
(a) Top trees within a city right-of-way or on other municipal property;
(b) Prune horizontally a branch of more than one-inch in diameter; and/or
(c) Cut limbs within a tree’s canopy back to stubs.
(D) Permit for removal.
(1) No person shall remove a street tree unless the city has issued the proper right-of-way permit, except that no permit is required in an emergency situation. The city may remove or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious disease or pest.
(2) City-owned utilities may remove or cause to be removed any tree or part thereof which is in an unsafe condition, or which by reason of its nature is immediately injurious to sewers, electric lines, gas lines, water lines, or other public improvements, or any tree affected with any injurious fungus, insect, or pest, or which otherwise poses an identifiable threat to public safety. Notification will be given to the City Engineer, prior to removal.
(3) Privately owned utilities and communications shall notify the City Engineer prior to removing any tree, except in emergency situations.
(4) Except as otherwise provided herein, any removal or pruning of street trees without the consent of the city shall be deemed a violation of the chapter.
(E) Protection of trees during construction. Except for the city and its agent, no person shall, unless otherwise noted herein, take the following actions without having secured a tree work permit, and following the requirements of the city’s “Public Improvement Design Standards and Specifications Manual”.
(Ord. 2019-25, passed on 5-13-2020)