§ 94.08 DAMAGE.
   Any person who causes damage to any tree, shrub or other vegetation shall be liable for such damages and subject to penalty as set forth in § 94.99 hereof, including monetary compensation to the City for such damage or replacement cost of the same.
   (A)   Damage to public trees, shrubs or other vegetation is strictly prohibited and shall include, but is not limited to, any of the following causes:
      (1)   Construction and excavation;
      (2)   Mechanical damage from lawn mowers or string trimmers;
      (3)   Vehicular accidents;
      (4)   Vandalism;
      (5)   Root cutting or damage occurring from sidewalk repair;
      (6)   Incorrect pruning practices or toppings;
      (7)   Adhering advertisements or electrical wiring;
      (8)   Animals (tied to or damaged by); and/or
      (9)   Introduction of any toxic substance (oil, gas, liquid dye, brine water) to the soil within the area of the dripline area.
   (B)   In the event of damage to any public tree, shrub or other vegetation, the person causing such damages shall be obligated to report the same to the Community Services Department within 48 hours thereof.
   (C)   The City shall be held harmless from and against any damages which may occur to any plantings subject to this chapter due to any of its operations or repairs undertaken including stump removal; tree, shrub or other vegetation planting, trimming or removal; utility, street or curb repairs; plowing; or salting.
(Ord. O-2019-011, passed 7-22-2019)