§ 102.09 PROHIBITED ACTIONS WITH PUBLIC TREES.

   (A)   Except as expressly permitted pursuant to a permit issued under § 102.06, as authorized in a public utility permit agreement under § 102.08, and exempt activities under § 102.07, the following actions shall be prohibited:

      (1)   Intentional injury to a public tree, as defined in the Division's policies and standards, including but not limited to carving, defacing, breaking, using climbing spikes or irons (except for purposes of permitted tree removal), burning, attaching ropes, wires, insulators, nails, screws, chains, posters, signs, or other objects, disturbing or interfering with the root system, or allowing any harmful gaseous, liquid, chemical or solid substance to come into contact with any portion of a public tree;

      (2)   Endangerment of a public tree by the creation of or the allowing the existence of situations which endanger public trees, as defined in the Divisions policies and standards;

      (3)   Topping, severely pruning or otherwise disfiguring any public tree;

      (4)   Pruning a public tree for the purpose of increasing visibility of commercial outdoor signage, off-premise advertising, or building facades, except as expressly permitted pursuant to a permit issued under § 102.06;

      (5)   Destruction of a public tree by causing its physical removal by any means or causing its effective removal by any means which creates a situation that will more than likely lead to the imminent death of a public tree;

      (6)   Changing the natural surface grade within the drip line of a tree;

      (7)   Excessive paving or installing of an impervious surface over a substantial portion of the drip line of a tree; or

      (8)   Substantially changing natural drainage patterns in a manner which would reasonably be expected to kill a tree.

   (B)   If the prohibited action poses a serious threat to the public health, safety or welfare, or if the consequences of continued violation would cause irreparable damage to one or more public trees, the Division may, without further notice, proceed to abate the conditions. In such cases, the Division may, in addition to any monetary penalty imposed by this chapter, charge the responsible person or persons with the cost of the abatement, including equipment expense and a disposal fee, if any, as well as an administrative fee. The fee schedule for administrative fees shall be approved by Metro Council, posted in the office of the Division, and published on the Division's website.

(Lou. Metro. Ord. No. 221-2017, approved 12-14-2017)