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§ 93.10 TRANSMISSION LINES; INTERFERENCE PROHIBITED.
   All persons shall refrain from planting trees of any species that would interfere with overhead, electric or transmission lines.
(Prior Code, § 22-11) (Ord. 453, passed - -) Penalty, see § 93.99
§ 93.11 STATE REGULATIONS ADOPTED; STOCKPILING CERTAIN WOOD RESTRICTED.
   (A)   Sections 1.0109 through 1.0111 of 3 State Code of Agency Rules, Department of Agriculture, Shade Tree Program (1978 Edition), together with amendments thereof to date, are hereby adopted by reference and made a part of this section as if set out in full, except as hereinafter provided. A copy of the agency rules herewith incorporated is on file in the Administrator’s office.
   (B)   The stockpiling of bark-bearing elm wood within the city limits shall be permitted during the period from September 15 through April 1 of any given year. Any wood not utilized by April 1 of any year must then be removed and disposed of as provided by this section and the regulations incorporated hereby.
   (C)   Where the provisions of this section conflict or are inconsistent with any other ordinance of the city, the provisions of this section shall supersede except in instances where one regulation is more restrictive than another, in which case the more restrictive shall apply and control.
(Prior Code, § 22-11.1) (Ord. 516, passed - -; Ord. 762, passed - -) Penalty, see § 93.99
BOULEVARD TREES
§ 93.25 DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   BOULEVARD TREE. Any tree that falls within the city street right-of-way (city street right-of-way is normally 33 feet from the centerline on most residential streets).
(Prior Code, § 22-12) (Ord. 497, passed - -)
§ 93.26 RESPONSIBILITIES; PARK AND RECREATION BOARD; COUNCIL; HOMEOWNERS.
   (A)   Park and Recreation Board. The Park and Recreation Board of the city shall have charge, custody and control of all trees growing in any boulevard area, along any public street or avenue, and in any park or public area of the city. The power to supervise, plant, care for, remove or have removed and otherwise maintain the trees shall be given to the Park and Recreation Board.
(Prior Code, § 22-13)
   (B)   City Council. Until such time as the City Council allocates funds for the trimming, planting and caring for boulevard trees (other than ordinary care), the Park and Recreation Board will not be required to trim or prune the trees, unless specifically ordered by the City Council.
(Prior Code, § 22-14)
   (C)   Homeowners. The abutting property owners shall give ordinary care and protection to the trees and grass in any boulevard area to ensure full growth of the trees and grass. Boulevard areas shall, at all times, be graded, seeded or sodded, and shall be used for no other purpose than the growing of grass and trees, or for public walks, except under special permit.
(Prior Code, § 22-15) (Ord. 497, passed - -)
§ 93.27 ORDINARY CARE.
   ORDINARY CARE shall be defined as that care needed and required to ensure the full growth of a tree, including spading and trimming of the grass around a tree, and removal of such growth as small twigs and branches from the side of a tree between ground level and the first major limb. Sidewalks must be kept open from head obstructions.
(Prior Code, § 22-16) (Ord. 497, passed - -)
§ 93.28 PERMITS; PLANTING; TREE WORK.
   (A)   Before cutting, moving, trimming, pruning or performing any maintenance (other than ordinary care) on a boulevard tree, a written permit must be obtained from the Park and Recreation Board.
(Prior Code, § 22-17)
   (B)   Any new tree planted on a city street right-of-way that would constitute a boulevard tree must first be approved by the Park and Recreation Board. A written permit stating exact location and variety of tree must be obtained before planting. The Park and Recreation Board will have at the office of the Director of the Park and Recreation Board a recommended list of boulevard trees. Boulevard trees must be planted at least 25 feet apart and four to five feet from the curb or edge of the road.
(Prior Code, § 22-18)
(Ord. 497, passed - -)
§ 93.29 PUBLIC UTILITIES DEPARTMENT; RIGHTS.
   The Department of Public Utilities shall have the absolute right to trim, remove or have removed any tree or shrubbery that interferes with overhead lines, underground lines or poles. No trees, shrubs, fences, flowerbeds, etc., may be placed on any city utility easement without the written consent of the City Utilities Superintendent.
(Prior Code, § 22-19) (Ord. 497, passed - -)
§ 93.99 PENALTY.
   (A)   Any person, association, partnership, firm or corporation, by himself, herself or itself, by his, her or its agent or employees, who knowingly violates the provision of this chapter shall be guilty of a misdemeanor and shall be subject to the maximum misdemeanor penalties provided by the law.
(Prior Code, § 22-20)
   (B)   Any person who shall violate any provisions of § 93.11 shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punishable as defined by law.
(Prior Code, § 22-11.1)
(Ord. 497, passed - -; Ord. 516, passed - -; Ord. 762, passed - -)