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It shall be an unlawful practice for any person, firm or city department to top any street tree, park tree or other tree on public property without authorization from the Forestry Department. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Forestry Department.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
(A) The following things are hereby declared to be public nuisances whenever they may be found within the city:
(1) Any standing or living tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus multistriatur (Eichh) or Hyplurgopinus rufipes (Marsh);
(2) Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Ceratocystis fagacerum (Bretz) Hunt; and
(3) Also, any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems.
(B) It shall be unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or controlled by him or her within the city. The nuisance may be abated in the manner prescribed by this chapter.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
It shall be unlawful for any person to prevent, delay or interfere with the Forestry Department or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this chapter.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
It shall be unlawful for any person to remove, alter or destroy any street tree or park tree without the prior authorization of the city.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
Any person aggrieved by any ruling or order of the Forestry Department acting as municipal tree body may appeal to the City Council, which shall hear the matter and make a final decision. The City Council shall have the right to review the conduct and decisions of the Forestry Department. The City Council may modify, affirm or reverse any determination of the Forestry Department.
(Ord. 419, passed 3-9-1992)
DUTCH ELM DISEASE
(A) The City Council has determined that the health of the elm and oak trees within the municipal limits of the city are threatened by fatal diseases known as Dutch elm disease and oak wilt, respectively.
(B) It has further been determined that the loss of elm and oak trees growing upon private and public property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public.
(C) It is declared to be the intention of the City Council to control and prevent the spread of these diseases and this subchapter is enacted for that purpose.
(Ord. 419, passed 3-9-1992)
The City Council shall designate a Tree Inspector or Tree Inspectors, certified by the Minnesota Commissioner of Agriculture, who shall administer the Dutch elm disease and/or oak wilt control programs for the city in accordance with this chapter and within the designated Dutch elm disease and/or oak wilt control areas of the city.
(Ord. 419, passed 3-9-1992)
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