(a) It is unlawful to break, cut, take or carry away, or in any manner to damage any of the shrubbery or flowers, including everything under the title of flora, whether wild or cultivated, growing within 100 yards on either side of any public road in the city, without the permission in writing of the owner or tenant of the land upon which the shrubbery or flowers, including everything under the title of flora, are growing.
(b) It is unlawful for any person to enter upon the lands or premises of another without written permission of the owner of the lands or premises, in order to break, cut, take or carry away or in any manner to damage or cause to be broken, cut, taken or carried away or in any manner damaged, any trees or timber on the land.
(c) It is unlawful for any person willfully or knowingly to have in his or her possession, or to haul along any public road in the city, any trees, shrubbery or flowers, including everything under the title of flora, which are protected by this section, unless the person so having in his or her possession or hauling the trees, shrubbery or flowers, and any other plant, has permission in writing so to do from the owner or tenant of the land from which they have been taken.
(d) At the request of a law enforcement officer, a person engaged in any act which would constitute an offense under the provisions of subsections (a), (b) or (c) above if such act were done without the required permission specified therein, shall display the written permission to such officer.
(e) Notwithstanding the provisions of this section:
(1) An employee of the Department of Highways or of a county or municipality performing roadside maintenance shall obtain the permission of an owner before engaging in any act specified in subsections (a), (b) or (c) above, but is not required to obtain the permission in writing or to display the written permission as provided in subsection (d) above; and
(2) If an employee, agent or contractor of a public utility has obtained the written permission of an owner pursuant to a contract with such owner or his or her predecessor in title or by other operation of law, the employee, agent or contractor of such public utility shall, prior to engaging in any act specified in subsections (a), (b) or (c) above, provided reasonable notice to the owner under rules and regulations which the Public Service Commission shall promulgate; provided, that such rules and regulations shall not required prior notice in a case of sudden emergency endangering persons or property of either the landowner, the occupant of the land, the public utility or the general public. However, such rules and regulations shall require reasonable notice to the landowner that such acts have been performed without prior notice by reason of such emergency.
(Ord. 89-3, passed 7-5-1988)