§ 97.11  HIGH PRIORITY TREE CARE.
   (A)   Except in emergency situations, the Urban Forester shall have the exclusive right to cause or to approve the removal of any dead, diseased or otherwise unsafe street tree.
   (B)   The Board of Public Works and Safety or Urban Forester shall have all the powers with due process and the laws and Constitution of the State of Indiana, to promote the health, safety and welfare of the city by removing or causing to be removed through appropriate legal means any tree on private property within the city which constitutes a threat or menace to the public safety or the health of other trees, and to seek such legal redress, including penalties and costs, as may be appropriate.
   (C)   The Street Commissioner or public utilities may act to trim or remove trees in emergency situations.
   (D)   The State Highway Department may act to trim or remove trees endangering traffic on state highways within the city limits.
   (E)   In an emergency, when a tree (or trees) have been severely damaged by storms or other causes or are obstructing utility wires, and the like, the Street Commissioner or public utilities may, only as a last resort, use topping or other severe cutting back of the limbs of street trees but must report all such incidences to the Urban Forester.
(Am. Ord. 13-3-90, passed 5-14-90; Am. Ord. 17-4-98, passed 5-24-99; Am. Ord. 8-3-09, passed 4-28-09)