§ 92.03 SHADE TREE PROGRAM.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
      STREET TREES. Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
      TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter within the trees crown to such a degree so as to remove the normal canopy and disfigure the tree.
   (B)   Street trees species to be planted. No species other than those listed may be planted as street trees without written permission of the Public Works/Utilities Superintendent. Each year the list shall be subject to review from past experience and information from local nurseries or the University of Minnesota.
Street/Park Trees
Street/Park Trees
Small
   Canadian Red Cherry
   Prairiefire
   Amur Maple Tree Form
   Camelot
   Ember Maple
   Red Splendor
   Crabapple
   Red Japanese Tree Lilac
   Spring Snow
   Ivory Silk
   Thunderchild
   Flowering Crab
Medium
   Small Leaf Linden
   Red Maple
   Green Ash Seedless Only
   Honey Locust
   Skyline Locust
   Newport Ash
   Sunburst Honey Locust
   Summit Ash
   Hackberry
Mountain Ash
   Redmond Linden
   White Ash
   Norway Maple
   Autumn Blaze
   Autumn Purple
   Bergerson
   Marshall Seedless
   Patmore
   Fall Gold Ash
   Prairie Spire
   Thornless Honeylocust
   Imperial
   Northern Acclaim
   Iron Wood
   American Linden
   Pyramidal American
   European/Little Leaf Linden
   Greenspire
   Harvest Gold
   Hybrid Elm
   Discovery Elm
   Cathedral Elm
   Hybrid Maple
   Oak
   Pin Oak
Red Oak
   Swamp White Oak
   Burr Oak
   Colummar
   Crimson King
   Crimson Sentry
   Deborah
   Emeral Lustre
   Emerald Queen
   Royal Red
   Schwedler
   Superform
   Varigated   
   Princeton Gold Maple
   Autumn Spire
   Northfire
   Northwood
   Red Sunset
   Ruby Frost
   Burgundy Belle
   Sugar Maple Hard
   Green Nountain
   Legacy
   Majesty
   Fall Festival
 
Large
   Silver Maple
   Emerald Lustre Maple
   Sugar Maple
 
   (C)   Height. No tree planted shall be less than six feet in height
   (D)   Spacing. No trees shall be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special planting design or approved by the Public Works/Utilities Superintendent in consultation with a local nursery.
   (E)   Distance curb and sidewalk. No tree shall be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet.
   (F)    Distance from street corners and fire hydrants. No street trees shall be planted closer than 35 feet or any street corner measured from the point of the nearest interscecting curbs or curblines. No street trees shall be planted closer than 10 feet of any fire hydrant.
   (G)   Utilities. No other trees other than those listed as small trees may be planted under overhead utility wires, or over or within 3 lateral feet of any underground water line, sewer line, transmission line, or other utility.
   (H)   Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines of all streets, alleys, easements, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to enhance the symmetry and beauty of the public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is unjurious to sewers, electric power lines, gas lines, water lines, storm sewers, other public improvements, or is affected with any injurious fungus, insect, or other pest or disease. This does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with this section.
   (I)   Tree topping. It shall be unlawful for any person to top any street tree, park tree, or other tree on public property without authorization from the City Manager or Public Works/Utilities Superintendent. 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 section at the determination of the Public Works/Utilities Superintendent or City Manager.
   (J)   Pruning; corner clearance. Every owner of any tree over-hanging any street or right-of-way within the city shall prune the branches so that they will not obstruct the view of any street interesection of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menance to public safety. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or impairs the visibility of any traffic light or sign.
   (K)   Duty or property owners. It shall be the duty of every property owner whose property abuts on a public street to notify the Public Works/Utilities Superintendent when any tree has branches less than eight feet above the surface of any sidewalk or street.
   (L)   Penalty. Any person found in violation of this chapter shall be guilty of a petty misdemeanor.