§ 98.09 PROTECTION OF CITY TREES.
   (A)   It is unlawful for any person to cut, damage, carve, transplant, prune, root prune to remove any public tree, except pursuant to a permit issued under § 98.07 of this chapter. Tree topping, heading back, stubbing or pollarding of public trees is prohibited.
   (B)   It is unlawful for any person to attach or keep attached to any public tree, or to the guard or stakes intended for the protection thereof, any rope, wire, nails, tacks, staples, advertising posters or any other contrivance whatsoever.
   (C)   It is unlawful for any person to cause or allow any poison or any other substance harmful to tree life to lie, leak, pour, flow, or drip upon or into the soil within the dripline of any public tree, or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of the public tree; or to operate any equipment, such as mechanical weeding devices, in such a manner as to cause damage to a public tree in any way.
   (D)   No person shall injure any public tree located within an easement or public right-of-way on his or her private property by neglecting to provide the necessary amount of water, as determined by the Tree Policy Manual and the terms of this chapter, required for said tree's continued good health and viability.
   (E)   No person shall, without written consent of the Director, pave the area with a city easement or deposit, store or maintain within the city easement or on any city-owned property any stone, brick, concrete, lumber, tile, pipe, or other material or park any vehicle that reasonably may be expected to damage the root system, compact the soil over the roots, or impede free passage of water, air, or fertilizer to the roots of any public tree.
   (F)   Special consideration shall be afforded public trees determined by the Community Services Commission to be heritage trees. Such trees shall be removed only when public interest served by removal outweighs the interest in preservation and heritage status.
   (G)   During the construction, repair, alteration, moving or removal of any building or structure or any other type of construction in the city, no person in control of such work shall leave any public tree, shrub or plant in the vicinity of such activity without sufficient guards or protectors as identified in the tree policy manual to prevent injury to the tree, shrub, or plant in connection with such construction, repair, or alteration, moving or removal. The costs of any such protection shall be borne by the person responsible for the improvement.
(Ord. 1519, passed 11-14-07; Am. Ord. 1618, passed 9-19-12) Penalty, see § 98.99