§ 96.04 TREES.
   (A)   The word STREET as used herein comprises all the public highways or thoroughfares of the city, whether under name of street, avenue, boulevard or alley. The word BOULEVARD as used herein, except in the foregoing sentence, means the plat of ground or parking of any street situated between the curbing and the outer sidewalk line. The word TREE as used herein is to comprise all ordinary shade or ornamental trees (preferably elm, hard maple and linden), but does not include those usually classified as shrubs, although such may attain considerable height or may assume a tree form.
   (B)   No tree of the box elder, cottonwood, soft maple or of the evergreen varieties, or any shrub, vine, plant or flower except grass shall hereafter be sown or planted in any street of the city.
   (C)   No tree as herein allowed shall be planted in a street of the city at a distance of less than 25 feet from any other tree standing in the streets, except under special circumstances and where allowed by the City Council.
   (D)   No tree shall be planted by anyone upon any property or lot of this city so close to tenth street, so that the tree would materially interfere with the growth and symmetrical development of the trees planted on the street.
   (E)   No person shall hitch or fasten any horse or other animal to any tree or shrub in any street or public place, including parks, in the city, nor shall any person suffer or permit any horse or animal to stand or be near enough to any tree to bite, rub against, or in any manner injure or deface the same.
   (F)   When a street is permanently curbed and boulevarded by the city, provision shall at the same time be made for the planting of the trees on the streets and boulevards, where practicable, unless the trees already there are of a satisfactory kind, and are situated in or reasonably near the proper place or line. The trees are regarded as under the immediate care of the city, and the city is to look after their trimming and the like.
   (G)   Every boulevard permanently established in the city, is to be covered with sod or seeded with grass within a reasonable time by the abutting property owners, and the grass is to be cut by the abutting property owner at such times each season as may be needed, and are to be kept reasonably free from weeds and dandelions. In case of failure, neglect or refusal of property owners to comply with this provision of this section, the city may in lieu of prosecution, have the work done, and the expense assessed and charged against the abutting property, in accordance with the Charter.
   (H)   No person shall remove, cut, deface, trim or transplant or in any way injure or interfere with any tree or shrub in any of the streets or public grounds or parks in the city, except as expressly authorized by the City Council. Any application for permission to remove, replace, destroy, cut, deface, trim or transplant, or in any way injure or interfere with any shade or ornamental tree or shrub, shall be first presented to the City Council, which shall act thereon, and if permission be granted, the City Council shall direct the City Administrator to issue the permit, in conformity with its action. Each permit shall specify and specifically describe the work to be done under it, and shall be void in 30 days after its date.
(Ord. 56, passed 11-2-1925) Penalty, see § 10.99