(a) The City of Medina shall have jurisdiction over and regulate all street trees, shrubs, and other plantings now or hereafter in any park, cemetery, public right-of-way or easement, or other public place within the City limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings. Private plantings encroaching into the public right-of-way shall be subject to these rules and regulations set forth hereinafter as part of this chapter.
(b) Nothing contained in this section shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on the owner's property or under their control or in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the City.
(c) No person, unless authorized by the City Forester, shall plant, transplant, remove, cut, trim, or prune any public tree or shrub. It is prohibited to use or allow any herbicides, toxic chemicals or petroleum substances to seep, drain or to be emptied upon or about any public tree nor allow any gaseous liquid or solid substance which is harmful, to come into contact either directly or indirectly with any public tree. It is prohibited to attach wires, nails, screws, thumbtacks or staples to a public tree.
(d) No person shall recklessly cause harm or damage to a public tree or shrub.
(e) No person shall intentionally cause harm or damage to a public tree.
(f) It is the duty of all persons owning or occupying any land within the City to keep their private trees, which extend over or into any public right-of-way, trimmed so as to remove any foliage encroaching into space above a street to a height of thirteen feet (13') from the surface of the street; and to a height of eight feet (8') above the surface of the right-of-way area.
(g) No person, firm or corporation shall interfere with the City Forester or persons acting under the Forester's authority while engaged in any activity related to forestry on public property.
(h) Any public utility company, contractor or private company shall obtain a permit from the City Forester before performing any maintenance or repair work on public property with respect to overhead or buried utilities which could cause injury to public trees.
(i) The City Forester may give advice without charge to property owners on the choice of species, proper planting techniques, and proper maintenance practices for trees on private property in order to provide direction and compliance with the provisions of this chapter.
(j) Where sidewalk or curb damage arises due to tree roots, every reasonable effort shall be made to correct the problem without removing or damaging the tree.
(k) The City may limit the planting of a species or develop a list of approved species for specific uses.
(Ord. 50-04. Passed 4-12-04.)
(Ord. 50-04. Passed 4-12-04.)