§ 92.09 TREE PLANTING, MAINTENANCE, AND REMOVAL.
   (A)   Tree species. The city with the advice from a forester or arborist will develop and maintain a list of desirable trees for planting along streets in 3 size classes: small, medium, and large. A list of trees not suitable for planting will also be created and enforced by the city.
   (B)   Spacing. The spacing of street trees will be in accordance with the 3 species size classes listed in this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; or large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
   (C)   Utilities. No street trees other than those species listed in the arboricultural specifications manual as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line, or other utility.
   (D)   Distance from curb and sidewalk. The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the 3 species size classes as listed in § 92.03 of this code, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; or large trees, 4 feet.
   (E)   Topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property.
      (1)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
         TOPPING. Severe cutting back of limbs to stubs within the tree’s crown to a degree as to remove the normal canopy and disfigure the tree.
      (2)   Exemption. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the city.
   (F)   Removal. Removal of live trees shall require a permit from the city except in emergency situations as determined by the Superintendent of Streets for the protection of residents from personal injury, property damage, or to maintain utility service.
(1983 Code, § 19-142) (Ord. 2730, passed 12-7-1995) Penalty, see § 92.99