A. Standards And Principles: Public tree care and management will be done in accordance with the principles contained in the book published by the National Arbor Day Foundation entitled "Urban Forestry Guide" and the "Tree City USA Bulletins", consistently updated and the "Standards And Specifications" as appended. Accordingly, any and all personnel dealing with city trees and shrubs shall be knowledgeable and utilize current arboricultural standards of practice.
B. City Jurisdiction: Except as outlined in this section, the city will have jurisdiction to maintain public trees as it sees fit.
C. Prohibited Acts: It shall be unlawful:
1. For any public tree to be "topped or headed" in such a way that the crown is removed or severely cut back.
2. To cut down, destroy, or damage any public tree without permission of the city.
3. Attach devices or signs to any public tree.
4. To dispose of and/or apply any substance toxic to trees near any public tree or on public property, or in such a way that it may leach into the soil and affect said public trees/property or adjacent private trees/property.
5. To damage any public tree as a result of construction or excavation activities as outlined in TC-USA Bulletins 3, 4 and any future publications that may apply.
6. To vandalize or deface any public tree.
7. To remove or damage any device whose purpose is to provide care or support for any public tree.
8. To fail to remove branches or debris resulting from private tree maintenance or natural disaster from any rights of way, or that impact a neighboring property. Responsibility for removal of the tree lies with the owner of the tree.
9. To plant public trees within the following limits:
a. Within four feet (4') of any structure or building.
b. Within ten feet (10') of fire hydrants or utility poles.
c. Within two feet (2') of existing curb, sidewalk or asphalt.
d. Within ten feet (10') of sewer or water line access.
e. Within twenty feet (20') of a stop or yield sign.
f. Within sight triangle of any public intersection.
g. Trees whose maximum height will eventually interfere with overhead power lines.
D. Penalty For Noncompliance: Failure to abide by subsections C9a through C9g of this section may result in a fine of no less than one hundred dollars ($100.00), which may compound at up to one hundred dollars ($100.00) per month thereafter. At the recommendation of the board, commensurate damages may be assessed by the city council upon assessment of the circumstances. (Ord. 188, 4-13-2009)