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§ 99.06 OPERATION.
   The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Ord. 21-2002, passed 9-3-2002; Am. Ord. 9-2004, passed 6-1-2004)
§ 99.07 STREET TREE SPECIES TO BE PLANTED.
   The Board shall prepare an approved list of species of street trees, the list constitutes the official street tree species for Marion. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board. The City Council will meet to approve the species list upon notice of the Tree Board.
(Ord. 21-2002, passed 9-3-2002)
§ 99.08 SPACING.
   The spacing of street trees will be in accordance with the tree species size classes listed in § 99.07, and no trees may be planted closer than the following: small trees 30 feet; medium trees 40 feet; and large trees 50 feet; except in special plantings designed or approved by a landscape architect.
(Ord. 21-2002, passed 9-3-2002)
§ 99.09 DISTANCE FROM CURB AND SIDEWALK.
   The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 99.07, and no trees may be planted closer to any curb or sidewalk than the following: small trees two feet, medium trees three feet; and large trees four feet.
(Ord. 21-2002, passed 9-3-2002)
§ 99.10 DISTANCE FROM STREET CORNERS AND FIREPLUGS.
   No street tree shall be planted closer than 35 feet of any street corner, measured from the point of the nearest intersecting curbs or curblines. No street trees shall be planted closer than ten feet of any fireplug.
(Ord. 21-2002, passed 9-3-2002)
§ 99.11 UTILITIES.
   No street trees other than those species listed as small trees in § 99.07 of this chapter may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(Ord. 21-2002, passed 9-3-2002)
§ 99.12 PUBLIC TREE CARE.
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs with 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 grounds. Administration may from time to time request the input of the Board with regard to such maintenance issues. This section does not prohibit the planting of street trees by adjacent property owners.
(Ord. 21-2002, passed 9-3-2002; Am. Ord. 9-2004, passed 6-1-2004)
§ 99.13 TREE 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. Topping is defined as the sever cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. 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 excepted from this chapter at the determination of the City Tree Board.
(Ord. 21-2002, passed 9-3-2002)
§ 99.14 PRUNING, CORNER CLEARANCE.
   Every owner of any tree overhanging any street or rights-of-way within the city shall prune the branches so that such branches shall not obstruct the lights from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of ten feet above the surface of the street or sidewalk. The owners shall remove all dead, distressed or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. 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 interfere with visibility of any traffic control device or sign, at least ten feet back from the light, sign or device.
(Ord. 21-2002, passed 9-3-2002; Am. Ord. 9-2004, passed 6-1-2004)
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