§ 902.01 NUISANCES DECLARED.
   The following are declared to be public nuisances whenever and wherever they may be found in 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 Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsch). And also, any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and properly disposed of.
   (2)   (a)   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 fagacearum.
      (b)   Also any living or standing tree in the white oak group (white oak, bur oak, swamp white oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems.
(Prior Code, § 902.01)
   (3)   All species and varieties of ash trees (trees of the genus Fraxinus) infected with emerald ash borer (Agrilusplanipennis Fairmarie), and all species and varieties of ash trees that are dead or substantially dead, all dead ashwood to which the bark is still attached which because of their condition, may serve as a breeding place for emerald ash borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances and furthermore all ash trees are hereby declared to be public nuisances as determined by two or more visual symptoms as listed herein: basal sprouting, bark fissures, woodpecker damage (holes), one-eighth inch D shaped holes, presence of larvae or the adult emerald ash borer (Agrilusplanipennis Fairmarie), bark falling off exposing S shaped galleries.
(Am. Ord. 07-10, passed 4-26-2010)