Public trees constitute an asset that belongs to every community resident. Public trees include all trees, which grow on city owned, or city managed lands within the corporate limits of the city of Payette. Pursuant to this chapter, it is hereby deeded unlawful and shall constitute a violation of this chapter, punishable by misdemeanor criminal penalty or by appropriate civil remedy to do any of the following to a public tree:
A. "Top" or "head back" a tree by the improper pruning or severe cutting back of limbs within a tree's crown or the removal of the top portion of the trunk of a coniferous tree.
B. To cut down, destroy or materially damage any public tree without the express authorization by the city forester.
C. Attach devices or structures (i.e., tree houses or signs) to, on, or within trees on public property.
D. Dispose of or apply substances which are toxic to trees, within the proximity of the critical root zone of trees on public property, whether such disposal or application is on public or private property.
E. Damage public trees through construction operations involving compaction of, excavation of, filling of, or tilling of soils within the critical root zone of trees on public property, whether such activities are on public or private property.
F. Damage a tree on public property by significantly pruning or disturbing the critical root zone whether such disturbance takes place on public or private property.
G. Vandalize or otherwise harm a public tree by defacing or injuring the bark, limbs, roots or trunk by cutting, burning, chopping, applying substances or other means of inducing harm to the shape or vitality of the tree.
H. Remove or break cultural devices such as bracing, cabling, guying, implant capsules, irrigation, stakes or protective devices for trees on public property.
I. Fail to immediately clean debris from public or private tree maintenance and/or removal so that travel will not be impeded on sidewalks or streets. Cleanup of all debris from tree maintenance and/or removal shall be completed within seventy two (72) hours of completed trimming and/or removal work. The city forester and/or the department of public safety may require a timelier cleanup.
J. Plant a tree species with unacceptable tree height or rooting system (based on the "Manual Of Woody Landscape Plants" [Dirr, 1990] published by Stipes Publishing or Street "Tree Fact Sheets" [1993] published by Pennsylvania State University College Of Agricultural Sciences), under a utility line, within a utility easement, or in sidewalk planting strips or other parts of the public right of way. The following trees are expressly prohibited for use as street trees within public street rights of way or where they are within the zone of influence of adjacent public sidewalks (unless in accordance with a landscape design approved by the city forester and by the community forestry commission):
1. Acer saccharum - silver maple.
2. Betula paperifera - paperbark birch.
3. Betula pendula - European white birch.
4. Fraxinus excelsior - European ash.
5. Ginkgo biloba - ginkgo (female tree).
6. Gledistia tricanthos - thorned honey locust.
7. Juglans nigra - black walnut.
8. Populus species - poplars, aspen, cottonwood, etc.
9. Robinia pseudoacacia - black locust.
10. Salix species - willow species.
11. Ulmus species - elm species.
K. Plant trees under the following conditions or in the following circumstances (unless in accordance with a landscape design approved by the city forester):
1. Within four feet (4') of any building or structure.
2. Within ten feet (10') of any fire hydrants or utility poles.
3. Within two feet (2') of an existing curb or sidewalk.
4. Within ten feet (10') of a public sanitary sewer or water line.
5. Within four feet (4') of a meter vault box.
6. Within twenty feet (20') of a stop or yield sign.
7. Within four feet (4') of a residential driveway.
8. Within six feet (6') of a commercial driveway.
9. Within ten feet (10') of an alleyway access.
10. Within twenty feet (20') of a streetlight standard.
L. Plant a tree within the "sight vision triangle" of controlled or uncontrolled intersections. The "vision triangle" is defined as the triangular area formed by intersecting streets and roads protected from vision obstruction by provisions of Idaho Code and this code.
M. Not to replace a public tree, which was removed unless otherwise authorized by the city forester.
N. Plant a public tree that is smaller than one and one-half inch (11/2") caliper for class I trees and two and one-half inch (21/2") caliper for class II and class III trees. Class I trees are fifteen (15) to thirty feet (30') in ultimate height and spread. Class II trees are thirty (30) to sixty feet (60') in ultimate height and width. Class III trees are greater than sixty feet (60') in ultimate height. Ultimate height is to be determined by reference to the "Manual Of Woody Landscape Plants" (Dirr, 1990) a copy of which is maintained in the Payette City Hall.
O. Plant trees within sidewalks without providing tree wells with a minimum four foot by four foot (4' x 4') (16 square foot) opening or plant trees in the right of way without providing protection of the tree base, such as edging, mulch or arbor guards.
P. Plant trees on public property which do not meet the minimum acceptable standards as established by the American Association Of Nurserymen for stock true to name and type, which are bare rooted, damaged, diseased or disfigured, which are not hardy for the Payette area or without removing all nonbiodegradable wrapping around the root ball including twine, wire, baskets, rope, treated or synthetic burlap.
Q. Plant, remove and deface a tree(s) as follows:
1. Attach any object to public tree(s).
2. Dig, trench, excavate or pile soil or any other materials within the critical root zone of any public tree(s).
3. Approval from the city forester must be made prior to pruning or removal of any public tree on private property, application for an encroachment permit (if necessary) must be made by the property owner or private tree firm currently licensed as required in section 12.18.110 of this chapter. (Ord. 1355, 2012)