CHAPTER 53: TREES ON CITY PROPERTY

Section

   53.01   Purpose and intent

   53.02   Definitions

   53.03   City authority to care for city trees, shrubs and other plants

   53.04   Public Services Department; duties and responsibilities for city trees, shrubs and other plants

   53.05   Interference with work on city trees, shrubs and other plants

   53.06   Damage to city trees, shrubs and other plants

   53.99   Penalty

§ 53.01 PURPOSE AND INTENT.

   (A)   Purpose. The purpose of this chapter is to provide for the proper establishment of new trees, the protection and maintenance of existing trees and the timely removal of hazardous, infectious or diseased trees on property lying between property lines on either side of any streets, highways, and public rights-of-way; and on or in any easements, public parks or any other areas owned or under the jurisdiction of the city. In this regard, the City Council finds and declares that:

      (1)   Trees enhance and preserve the air quality of the city through the filtering effect of trees on air pollutants;

      (2)   Trees reduce noise within the city through the baffle and barrier effect of trees on the spread of noise;

      (3)   Trees reduce topsoil erosion through the soil retention effect of tree roots;

      (4)   Trees reduce energy consumption through the wind break and shade effects of trees;

      (5)   Trees provide nesting areas for birds and other wildlife, which birds and other wildlife, in turn, assist in the control of insects;

      (6)   Trees reduce storm water runoff and the costs associated therewith;

      (7)   Trees replenish ground water supplies; and

      (8)   Trees protect and increase property values.

   (B)   Intent. It is the intent of the City Council that the terms of this chapter shall be construed so as to promote:

      (1)   The planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the city; and

      (2)   The protection of community residents from personal injury and property damage, and the protection of the city from property damage, caused or threatened by the improper planting, maintenance, or removal of, or the failure to remove hazardous, infectious or diseased trees, shrubs, or other plants located within the city.

(Ord. 08-41, passed 11-25-08)

§ 53.02 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CITY TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of any streets, highways, or public rights-of-way; and on or in any easements, public parks or any other areas owned or under the jurisdiction of the city.

   CITY PLANTING SPECIFICATIONS MANUAL ("PLANTING SPECIFICATIONS MANUAL"). A manual prepared by the city's Department of Public Services, which sets forth a plan for the care, preservation, pruning, planting, replanting, removal or disposition of city trees, shrubs or other plants.

   CITY SHRUBS AND OTHER PLANTS. All vegetation other than trees, woody or otherwise, except lawn grass and flowers less than 24 inches in height, lying between property lines on either side of any streets, highways, or public rights-of-way; or on or in any easements, public parks or any other areas owned or under the jurisdiction of the city.

(Ord. 08-41, passed 11-25-08)

§ 53.03 CITY AUTHORITY TO CARE FOR CITY TREES, SHRUBS AND OTHER PLANTS.

   (A)   The city and its authorized agents shall have the right, but not the obligation, to plant, prune, maintain and remove city trees, shrubs and other plants as may be necessary to ensure public safety, preserve and enhance the quality of vegetation, and beautify the city. For the same purposes, the city may prune or remove all portions of any city tree, shrub or other plant or any tree, shrub or other plant on private property that overhangs any property lying between property lines on either side of any streets, highways, or public rights-of-way; or on or in any easements, public parks or any other areas owned or under the jurisdiction of the city.

   (B)   The city may cause to be removed as soon as practical any city tree, shrub or other plant that is infected, diseased or dying, or that is hazardous in that it poses an irreconcilable threat to a utility or otherwise threatens the public health, safety or general welfare.

(Ord. 08-41, passed 11-25-08)