(A) The city, its agent(s) or its designee(s) shall have the right to plant, prune, maintain, and remove any trees, shrubs, and other plants within all municipally-owned road rights-of-way, subject to the standards defined and outlined in the 1988 Florida Department of Transportation Highway Beautification and Planting Regulations, and in parks and on other municipally-owned property.
(B) The city, its agent(s) or designee(s) may remove or cause to be removed from municipal property any tree or part thereof which is in an unsafe condition which by reason of its nature is injurious to sewers, water lines, electric lines, gas lines, or other public utilities or improvements or that is infected with any injurious fungus, insect or pest which is determined by the County Urban Forester to be a health hazard to neighboring trees, shrubs or other vegetation.
(C) It shall be unlawful as a normal practice for any person or firm to top any tree growing on municipally-owned property without the approval of the city. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this provision. Such exemption must be requested from the city in writing. Trees planted under overhead wires or other obstructions shall be of species whose growth is not normally expected to create a need for topping.
(D) Every owner of any tree overhanging any municipal road right-of-way within the city shall prune the branches so that such branches shall not interfere with the maintenance of the right-of-way. All such pruning shall be done to comply with the 1988 Florida Department of Transportation Highway Beautification and Planting Regulations and so that there shall be a clear space of nine (9) feet above the surface of any sidewalk or bike path for public access.
(E) Owners of tree shall remove all dead, diseased or dangerous trees or parts thereof that obstruct road rights-of-way, sidewalks, or bike paths, or which are injurious to sewers, water lines, electric lines, gas lines or other public utilities or improvements.
(F) The city shall have the right to prune or remove any tree or shrub on private property when it meets any of the conditions described in divisions (D) and (E) above.
(G) Owners of property that abut rights-of-way property are permitted to plant trees providing that the selection and location of such trees are in accordance with the other provisions of this subchapter and that such planting are approved in writing after review and approval by the city.
(H) No tree shall be planted near a structure, paved surface, or water, sewer or other underground utilities if it is of a species generally recognized as having a habit of invasive root growth.
(Ord. 95-21, passed 5-4-95) Penalty, see § 180.99