(a) Any property owner may plant or cause to be planted within the public street adjacent to the property they own those trees of 2" caliper or greater that have been approved or recommended by the Service Director, his designee or the Urban Forester. All trees shall be planted so as not to interfere with sight distances at intersections, the maintenance or operation of utilities and the paved street surfaces.
(b) All trees planted within the public street, whether or not they are on the recommended and approved tree list of the Service Director, his designee or the Urban Forester, shall be subject to pruning and removal when it is determined by the Service Director, his designee, the Urban Forester or Director of Public Safety that trees constitute a health or safety hazard or when they have become unsightly, diseased or dead.
(1) Tree topping. No person shall, as a normal practice, top any tree within the public rights-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
(2) Height of limbs over sidewalks and streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than nine feet above the sidewalks. Tree limbs extending over the streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(3) Abuse or mutilation of public trees.
A. Unless specifically authorized by the Service Director, his designee or the Urban Forester, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub; attach any rope, wire, nails, advertising posters, or other contrivance to any tree or shrub; allow any gaseous liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub.
B. No person shall excavate any ditches, tunnels, trenches, or lay any driveway or sidewalk within the radius of ten feet from the trunk of any public tree or shrub without first obtaining written approval from the Service Director.
(4) Placing of materials on public property. No person shall deposit, place, store, or maintain upon a public place of the City, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by written consent of the Service Director.
(c) All species and varieties of evergreen trees and upright evergreen shrubs (which exceed 3'-0" at mature height) shall not be permitted for planting in public rights of way.
(Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97; Ord. C57-06. Passed 9-5-06.)