§ 96.13 PLANTING.
   (A)   Tree spacing. Trees planted at street corners shall be located at least 20 feet from the intersection street right-of-way lines. The distances between the trees shall not be less than 30 feet for shade tree species. Spacing as great as 65 feet may be used due to the arrangement of lots and drives, width of street, setback of building lines, opportunity for alternating of planting sites on opposite sides of the street, location of water lines and sewers, and the species to be planted.
   (B)   Placing. Trees may be planted between the sidewalk and the curb when this planting strip is more than eight feet in width. Any planting of trees along the alleys shall be located not less than four feet from public alleys. Spacing and specific location shall be determined by the Park Board.
   (C)   Time. Planting will be permitted only when the soil, temperature, weather conditions and the state of dormancy of the trees are favorable: from April 1 to May 30 or from October 1 to November 20 or during such time when otherwise permitted by the Park Board.
   (D)   Holes. Planting holes shall be at least six inches deeper and 12 inches wider than the root spread of the tree to be planted.
   (E)   Soil. A good porous loam topsoil shall be used for backfill around the tree roots. When soil at this site does not meet this description, the Park Board may require this soil to be removed and a better quality soil brought in. Alternatively, the Park Board may require the addition of such fertilizers and organic materials as will provide suitable soil conditions for establishment and growth of the tree.
   (F)   Planting. Each tree shall be planted plumb, one inch to two inches lower than the level at which it grew prior to moving. The soil shall be settled around the roots with water, and after completion of backfilling, the soil must cover the main root area to a depth of at least three inches. Fall planted trees shall be mulched with well rotted manure, leaves or peat. Staking, buying or wrapping shall be required if so directed by the Park Board. At the time of planting, no tree shall be smaller in size than the diameter of one and one-half inches, measured at a point six inches above the ground. On all principal streets or business streets, the trees shall be located as provided by regulations pertaining thereto. All trees shall be planted so that they are at least 30 feet apart when measured along the street.
   (G)   Ownership. All trees planted on street boulevards become the property of the city.
   (H)   Maintenance. The planted trees shall be cared for and trimmed by the abutting property owners. Maintenance and trimming of trees may be done by the city and the cost assessed to the adjacent property owners. It is unlawful for any person to willfully cut, break, injure, remove or destroy any tree located, standing or growing, or which may hereafter be planted or placed upon any public property in the city.
(2009 Code, § 802.14) Penalty, see § 10.99