(A) Purpose. To maintain and improve the well-being and security of community members and public land, the City Council herein entrusts authority and responsibility to sustain public trees, institutes tree planting and care standards, indicates prohibited actions against public trees, and defines tree nuisances.
(B) Definitions.
NOXIOUS PLANTS. Plants identified as noxious weeds under M.S. §§ 18.75 through 18.91 (as amended from time to time) are prohibited from being planted in the city, however native species not on this list are encouraged to be planted.
PUBLIC LAND. Land owned or operated by municipal, school district, county, state or other government units.
PUBLIC TREE. A tree that is located on government owned property or in the right-of-way.
RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. RIGHT-OF-WAY includes that driving surface of a street and adjacent boulevard.
(C) Authority and power.
(1) The City Administrator and their designee (hereinafter the City Administrator and their designee are collectively referred to as the "City Administrator") has total authority over public trees and vegetation on public property, parks, or public rights-of-way. The City Administrator is responsible for maintaining and adhering to the planting and care standards. Trees may be removed by the City Administrator if the trees hinder or damage public infrastructure or suffer from diseases or infestations.
(2) City departments will collaborate and assist the City Administrator to uphold this section associated with streets, utilities, rights-of-way or other areas in which the City Administrator does not have full authority over.
(D) Ordinary planting and care standards. ORDINARY CARE is the care needed and required for planting and caring for a tree, including spading, mulching and trimming of grass around the tree, and removal of such growth and small twigs or branches growing from the side of a tree between the ground surface and first major limb.
(E) Prohibition against harming public trees. No business, organization, or person may remove public trees within parks, public property, or in the public rights-of-way without written permission from the City Administrator.
(F) (1) Trees declared a nuisance.
(2) Trees constituting nuisance declared. The following are public nuisances whenever they may be found within the city:
(a) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(b) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
(c) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum;
(d) Any dead oak tree or part thereof which in the opinion of the City Administrator constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide;
(e) Any other shade tree with an epidemic disease or infestation of pests which affects the health of a tree, including but not limited to Emerald Ash Borer (EAB); and
(f) Any tree, branch, part thereof, or noxious plant which in the opinion of the city constitutes a public safety hazard within the public right-of-way.
(Am. Ord. 255, passed 3-19-12; Am. Ord. 334, passed 11-21-22) Penalty, see § 10.99