(A) No person shall, unless exempted by this subchapter, without an approved permit from the city, do, or cause to be done by others, any of the following acts:
(1) Break, injure, deface, kill, or destroy a protected tree or allow any fire to burn where it will injure any protected tree;
(2) Allow any chemical, gas, smoke, salt brine, oil, pesticide, or other injurious substance to seep, drain, or be emptied upon, above, or below any protected tree;
(3) Excavate any ditch, tunnel, or trench, or fill within the drip line of any protected tree;
(4) Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby protected trees which may be injured by such operations;
(5) Remove any guard or other device or materials intended for the protection of a protected tree or take away or obstruct any open space around the base of a protected tree designed to prevent soil compaction or physical damage; or
(6) Allow the topping of any protected tree.
(B) Violations.
(1) Any person, firm, or corporation violating any provisions of this subchapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of a fine not to exceed the sum of $2,000 for each offense, and each day such offense continues shall be deemed to constitute a separate offense.
(2) In addition to a fine, any violation of this subchapter shall also require replacement measures pursuant to this subchapter to offset the violation(s), which shall be determined by the City Council.
(Ord. 200825A, passed 8-25-2020)