CHAPTER 1028
Trees, Shrubs and Plants
1028.01   Plantings; Approval and Permit.
1028.02   Injuries.
1028.03   Tree Planters on Sidewalks; Permits.
1028.04   Planting Trees in Sidewalks; Permits.
1028.05   Planting, Trimming and Care.
1028.06   Tree Planting Plan; Map.
1028.99   Penalty.
   CROSS REFERENCES
   Shade Tree Commission- see ADM. Ch. 250 
   Injuring vines, bushes, trees or crops - see GEN. OFF. 642.04
   Trees, weeds and shrubs - see GEN. OFF. Ch. 668
   Parks - see S.U. & P.S. Ch. 1060 
   Trees in subdivisions - see P. & Z. 1220.07 
1028.01   PLANTINGS; APPROVAL AND PERMIT.
   No shade or ornamental tree, plant or shrub shall be planted in any street, public highway, boulevard, park or other public ground until the City Engineer or his authorized agent first approves the kind, size, spacing and variety thereof, designates the location therefor and grants a permit, at no charge, for the planting thereof.
1028.02   INJURIES.
   No person shall attach or place any rope, wire, sign, poster, handbill or other thing on any tree, shrub or plant now or hereafter growing in any street or other public way of the City or on any guard or protection thereof, except as required in the planting and caring for such tree, shrub or plant. No person shall deposit or throw upon any street or public way or into any curb strip or gutter thereof any substance detrimental to the growth of any tree, shrub or plant or deposit in such curb strip or gutter any receptacle containing such substance.
(Ord. 187-65. Passed 9-21-65.)
1028.03   TREE PLANTERS ON SIDEWALKS; PERMITS.
   The City Engineer may issue, at no charge, permits for the erection and maintenance by abutting owners or tenants, upon sidewalks within the City, of tree, flower or shrub planter boxes of a size and design approved by the City Engineer.
   Such planters shall bear no advertising of any kind, shall be placed only at the locations specified on the permits and shall at all times be maintained in good condition. The plantings therein shall conform to standards fixed by the City Engineer and shall be properly trimmed and cared for by the permit holder. Permits shall be revocable at any time. Upon revocation thereof, it shall be the duty of the permit holder to remove the planter.
   The permit holder shall indemnify the City for any loss, claim, injury or judgment arising out of the erection or maintenance of such planters.
1028.04   PLANTING TREES IN SIDEWALKS; PERMITS.
   In situations where it is necessary to cut the surface of a sidewalk or street in order to plant trees, abutting property owners or tenants may be issued permits by the City Engineer for the planting of such trees.
   Authority is hereby granted to the City Engineer to cut the public streets and sidewalks for the purpose of planting trees and shrubs.
   The cost of planting trees where a sidewalk or street cut is necessary shall be borne in one of the two following ways, to be determined by the City Engineer:
   (A)   In cases where the City furnishes the tree and is responsible for the planting thereof, the owner or tenant of the abutting property shall pay an amount to be determined by the Shade Tree Commission to defray the cost of cutting the sidewalk or street and preparing the planting site. Such payment shall be deposited in the appropriate City fund.
   (B)   In cases where the property owner or tenant purchases the tree to be planted and pays for the planting thereof, the City shall cut the sidewalk or street and prepare the planting site without additional charge to the owner or tenant of the abutting property.
1028.05   PLANTING, TRIMMING AND CARE.
   The following regulations are hereby established for tree planting, trimming and care in or upon the public ways and public places in the City:
   (A)   No tree shall be planted at the intersection of two or more streets or within twenty feet of an intersection.
   (B)   In cutting down trees, all parts thereof shall be removed from the area and disposed of. When required by the City Forester or his authorized agent, all visible stump and root systems shall be grubbed out to a depth below ground elevation as established by the City Forester.
   (C)   All cuts above one inch in diameter shall be waterproofed.
   (D)   No tree shall be planted in any street right of way, except of the variety selected by the City Forester or his authorized agent.
(Ord. 187-65. Passed 9-21-65.)
1028.06   TREE PLANTING PLAN; MAP.
   (A)   The City Forester or his authorized agent shall, from time to time, prepare plans which designate, by means of a complete map of the City streets, a uniform method of street tree planting, zoning certain streets or sections of streets for certain types of trees and shrubs and showing the distance apart of such trees and shrubs and the place where each tree or shrub is to be planted. The plans shall be submitted by the City Forester to Council for modification or adoption after submission to and approval by the Shade Tree Commission and the Planning Commission.
   (B)   If and when the uniform plan in its original or modified form is adopted by Council, it shall become the Tree Planting Plan for the streets of the City and shall be strictly adhered to in all future street planting improvement projects and in the removal and replacement of trees, shrubs and plants on streets in the City. The Tree Planting Plan may be adopted by Council at one time or may be adopted for different portions of the City within a reasonable length of time after the completed plan for any particular portion of the City has been submitted to Council.
   (C)   The City Forester shall have copies of the Tree Planting Plan made and kept on file in his office where they may be obtained by the public.
(Ord. 187-65. Passed 9-21-65.)
1028.99   PENALTY.
   Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than the amount set forth in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 167-05. Passed 8-22-05.)