1. Trees.
A. It shall be unlawful to plant any tree species on or adjacent to any right-of-way in the City that has been identified on a list of prohibited species included in Chapter 165 Appendix A. The City Council may issue a special decorative planting permit for planting evergreen and deciduous shrubs with a mature height greater than 12 inches within the right-of-way area for decorative purposes.
B. Each request will be reviewed upon its own merits, and the proposed plantings at mature height shall not interfere with pedestrian and vehicular safety or the free use of the street or sidewalk.
2. It shall also be unlawful to plant any tree species that bears fruit, except for male sterile varieties, on a right-of-way or on private property in a location where the tree will overhang a sidewalk.
3. Any plant species prohibited by this section, but in place on the effective date of the ordinance, need not be removed by virtue of its mere existence unless interference with other sections of this chapter so requires.
4. Tree species recommended for right-of-way plantings shall be in accordance with Chapter 165 Appendix A.