(a) Public Property. Trees, plants, shrubbery or vines growing within the right-of-way, curb strip, or on any other City-owned or controlled property are under the control and jurisdiction of the City. The City may plant, trim, prune, maintain or remove trees, plants, shrubbery or vines within the bounds of all roads, streets, alleys, avenues, rights-of-way, or any other public property, as necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public property.
(1) The Director of Public Service shall keep trees, plants, shrubbery or vines standing upon public ways, streets or alleys within the City trimmed or pruned so that any branches of the tree, plant, shrubbery or vine projecting over any public sidewalk, private driveway, or into any public street beyond the curb line, shall not conflict with the public safety or welfare.
(2) The Director of Public Service may remove, cause or order to be removed, any tree or part thereof which is in an unsafe condition, or which, by reason of its nature, is injurious to electric power lines, sewers, gas lines, water lines or other public improvements, or which is infected with any injurious fungus, insect or other pest. All tree stumps shall be removed below the surface of the ground to facilitate landscaping.
(b) Planting. Before a permit is issued for planting on any public grounds, the Director of Public Service shall have the authority to deny a permit to any person who proposes to plant a tree, plant, shrubbery or vine of a size, type or species found to be undesirable; or found to be undesirable for the location proposed; or the Director may deny a permit to any person who proposes to plant a tree or shrub at a location found to be unsuitable for planting of trees, plants, shrubbery or vines. No person shall plant trees, plants, shrubbery or vines too close to intersections, curbs, sidewalks, and fire hydrants. No person shall plant trees, plants, shrubbery or vines over underground water, sanitary or storm sewer lines, nor plant trees, plants, shrubbery or vines under utility wires, without the written approval of the Director.
(c) Trimming by Public Utility. A public utility company shall first request permission from the City's Director of Public Service to trim trees, plants, shrubbery or vines growing within the right-of-way, curb strip, street or on any other City property. When permission is given to the public utility company to trim or remove trees, plants, shrubbery or vines or perform other operations affecting such trees, plants, shrubbery or vines, the work shall be limited to that which is necessary for maintaining the service of the public utility company. Such work shall be done, in a neat and professional manner according to specifications outlined by the Director. A public utility, or a person, firm or corporation working for or on behalf of a public utility, shall not be charged for the permit or permission to trim trees, plants, shrubbery or vines growing within the public right-of-way areas that pose a potential danger to the public utility's service or property.
(d) Permit Required. No person, firm or corporation shall plant, trim, remove or work on a tree, plant, shrubbery or vine standing upon any public right-of-way or any other public property without first obtaining a permit from the Director of Public Service. The Director shall set a reasonable fee for such permit.
(Ord. 77-2005. Passed 11-28-05.)