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§ 97.06 TREE PROTECTION DURING CONSTRUCTION OR DEVELOPMENT.
   (A)   While removing trees for construction or development the owner shall take all reasonably necessary precautions to protect the remaining protected trees.
   (B)   Neither a property owner nor its agent shall cause or allow any construction or development activity to occur within the drip line of a protected tree, nor shall any solvents, building materials, vehicles, construction equipment, soil deposits, fill or other harmful materials be allowed to be placed, kept, parked or stored within the drip line of the trees.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
§ 97.07 TREE REMOVAL ON A VACANT LOT OR PARCEL.
   On any lot or parcel where construction or development is not proposed, a tree removal permit shall be required prior to the removal of any protected tree in accordance with § 97.05.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
§ 97.08 LIMITED LIGHTING OF TREES ON PUBLIC RIGHTS-OF-WAY.
   Trees located in the public street rights-of-way or otherwise on public property shall not be decorated with strings of lights placed or maintained on or within them, nor shall such trees otherwise be lighted by other types of lighting placed on or within the trees; provided, however, that during the annual holiday season lights in observance of the season may be placed on such trees, in a manner that will not harm or damage the trees, but they shall not be placed on the trees earlier than November 1 and they shall be removed from the trees not later than the following March 31; but provided further, that such lights placed on trees in the public street rights-of-way in observance of the annual holiday season may remain on the trees after March 31 if approved by the Department of Public Works Superintendent, subject to terms and conditions imposed by the Department of Public Works Superintendent, and if the lights are placed only on or around the tree trunk, not the crown of the tree, and if the tree will not be harmed or damaged thereby.
(Ord. 060123-1, passed - -; Am. Ord. 081222-1, passed 12-22-2008; Am. Ord. 220613-A, passed 6-13-2022)
§ 97.09 TREE REPLACEMENT PROGRAM.
   It is the intent of the city to maintain the numbers and the character of its trees; therefore, each tree lost in its public right-of-ways or public properties shall be replaced by an appropriate tree.
   (A)   Replacement trees shall measure no less than three inches in diameter as measured from six inches above the ground level.
   (B)   Trees lost by age, disease or by acts of nature shall be replaced as soon as possible under the direction of the Department of Public Works Superintendent.
   (C)   Where a tree is lost within the public right-of-way or public property by negligent or intentional vandalism, the person, vehicle owner, or agent responsible shall be charged for the value of an equally sized replacement. If such a replacement is not available locally, the value of the tree will be computed from the State Forestry and Shade Tree “evaluation formula” and the responsible person shall be invoiced that amount to compensate for costs of removal and planting of a replacement.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
§ 97.99 PENALTY.
   (A)   Municipal civil infraction. A violation of any term or provision of this chapter shall be a municipal civil infraction. The procedures for the issuance of municipal civil infraction citations and other matters pertaining to the issuance thereof shall be as stated in § 10.21 of the city code.
   (B)   The fine payable upon admission or determination of responsibility by a person served with a municipal civil infraction citation, for a violation of this chapter, shall be $500.
   (C)   The persons authorized under § 10.22 to issue municipal civil infraction citations shall be authorized to issue such citations for violations of this chapter.
(Ord. 081222-1, passed 12-22-2008; Am. Ord. 220613-A, passed 6-13-2022)