§ 99.35 MUNICIPAL/PUBLIC DOMAIN PROPERTY, RIGHTS-OF-WAY AND EASEMENTS.
   All construction and maintenance activities within municipal/public domain property, public right-of-ways or public easements by the city or franchise utility companies shall be subject to the requirements for tree protection and replacement specified herein.
   (A)   Removal of protected trees. A tree removal permit shall not be required for removal of a protected tree. Pruning activities by a utility shall be governed by the provisions of § 99.39.
   (B)   Tree Board responsibilities. The Tree Board is authorized to study, investigate, counsel and develop and/or update periodically, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees in parks, along streets and in other public areas. When adopted by the City Council, such plan shall represent the comprehensive tree plan for the city.
   (C)   Acceptable trees. The Landscape Administrator shall maintain a list of trees acceptable for planting along streets, within parks or other public areas. Trees other than those listed as acceptable may only be planted upon approval of the Landscape Administrator.
   (D)   Street tree spacing. The spacing of street trees shall be in accordance with recommendations of the Landscape Administrator. Closer spacings or group plantings may be approved by the Landscape Administrator in unique situations and when recommended by a registered landscape architect.
   (E)   Public tree care. The city shall have the right to plant, prune, and maintain street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public properties. 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 injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or which is affected with any injurious fungus, insect or other pest.
(Ord. 1220, passed 7-27-98; Am. Ord. OR-1785-10, passed 9-13-10) Penalty, see § 99.99