(A) Scope of requirement. No person except the Superintendent of Streets may perform any of the following acts without first obtaining from the Superintendent of Streets a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on city-owned property, or treat, prune, remove, or otherwise disturb any tree, shrub, or other plant located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city-owned property from watering or fertilizing without a permit any tree, shrub, or other plant located on that city-owned property;
(2) Trim, prune, or remove any tree or portions thereof if that tree or portions thereof reasonably may be expected to fall on city-owned property and thereby to cause damage to a person’s property;
(3) Place on city-owned property, either above or below ground level, a container for trees, shrubs, or other plants;
(4) Damage, cut, tap, carve, or transplant any tree, shrub, or other plant located on city-owned property;
(5) Attach any rope, wire, nail, sign, poster, or any other human-made object to any tree, shrub, or other plant located on city-owned property; or
(6) Dig a tunnel or trench on city-owned property.
(B) Issuance. Within 7 days of receipt of the application, the Superintendent of Streets shall issue a permit to perform within 30 days of the day of issuance any of the acts specified in divisions (A)(1) and (A)(2), immediately above, for which a permit is requested, whenever:
(1) (a) Those acts would result in the abatement of a public nuisance; or
(b) Those acts are not inconsistent with the development and implementation of the urban forestry plan or with any regulations or standards of the arboricultural specifications manual.
(2) An application has been signed by the applicant and submitted to the Superintendent of Streets, detailing the location, number, size, and species of trees, shrubs, or other plants that will be affected by the acts, setting forth the purpose of the acts and the methods to use, and presenting any additional information that the Superintendent of Streets may find reasonably necessary;
(3) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the urban forestry plan, and with the regulations and standards set forth in the arboricultural specifications manual;
(4) The applicant certifies that he or she has read and understands those provisions of the urban forestry plan, this chapter, and of the arboricultural specifications manual which are pertinent to the work for which the permit is sought; and
(5) If the work for which a permit is issued entails the felling of any tree or part thereof located on private property, which, as a result of that felling, reasonably may be expected to fall upon city- owned property, and if the felling is done by one other than the owner of the property on which the felling is done, then the applicant shall agree to indemnify and to hold the city harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the City Clerk a liability insurance policy in the amount of $100,000 per person and $300,000 per accident for bodily injury liability and $50,000 aggregate for property damage liability, which policy shall name the city as an additional insured.
(C) Public utility companies. Nothing in this section shall be construed to exempt public utility companies or their agents from any of the requirements of this chapter, except under emergency situations.
(1983 Code, § 19-145) (Ord. 2730, passed 12-7-1995) Penalty, see § 92.99