§ 1030.04 TOPPING OF TREES IN THE RIGHT-OF-WAY OR ON PUBLIC PROPERTY PROHIBITED.
   (a)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   STREET TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying in the lateral strip or adjacent to property lines on either side of all streets, avenues or ways within the City.
      (2)   TOPPING. The severe 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 disfigures the tree.
   (b)   No person shall top any street tree, or any tree, bush, shrub or other woody vegetation located on public property.
      (1)   The City, through the Department of Maintenance Services or other such authority as designated by the City Manager, may exempt certain trees from this prohibition if:
         A.   The tree is severely damaged and such pruning is necessary;
         B.   The tree is under utility wires or other obstructions where traditional pruning practices are impractical; or
         C.   In any circumstance where the City determines such pruning is necessary to ensure public safety or the health of the tree.
      (2)   Any person who violates division (b) of this section shall be guilty of a minor misdemeanor.
(Ord. 2003-9, passed 3-4-2003)