(a) Injury to Trees and Shrubs. No person shall, without the consent of the owner in the case of a private tree or shrub, or without a written permit from the City Arborist in the case of a public tree or shrub including, but not limited to, trees or shrubs in the tree lawn right-of way of residential property, do or cause to be done by others any of the following acts:
(1) Secure, fasten or run any rope, wire, sign or other device or material to, around or through a tree or shrub.
(2) Break, injure, mutilate, deface, kill or destroy or permit any fire to burn where it will injure any tree or shrub.
(3) Permit any toxic chemical, gas, smoke, brine, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub.
(4) Excavate any ditch, tunnel or trench or lay any drive within a radius of ten feet from any tree or shrub.
(5) Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby public trees or shrubs which may be injured or defaced by, or where an injury or defacement may arise out of, in connection with or by reason of such an operation. The quality of such guard shall be determined by the City Arborist.
(6) Knowingly permit any unprotected electric service wires to come in prolonged contact with any public tree or shrub.
(7) Remove any guard, stake, or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer. (See Section 707.09)
(b) Trimming of Trees. The City Arborist shall, and he is hereby directed to keep all trees standing upon any public place including, but not limited to, the treelawn right-of way of residential property in the City trimmed so that the branches of such trees projecting over any public sidewalk, private driveway or into any public street beyond the curb line shall not conflict with the public welfare. The residential property owner of the treelawn right-of way is not responsible for trees in the tree lawn right-of-way.
(c) Trimming of Trees on Private Property. All trees standing upon private property in the City having branches projecting into public highways or public places shall, under the supervision of the City Arborist, be kept trimmed by the owner or occupant of such private property to such an extent that the lowest branches of such trees shall not come within nine feet of the ground where they overhang any public sidewalk or public place, or thirteen feet over a public highway.
(d) Trimming of Trees on City Easement/Right of Way. All trees standing upon the City's easement/right of way including, but not limited to, the treelawn right-of way of residential property, in the City having branches projecting into public highways shall be kept trimmed by the City to such an extent that the lowest branches shall not come within thirteen feet of the ground over a public highway. The resident is not responsible for the trimming of trees on the City's public right-of-way.
(e) Obstructing View at Intersections. Notwithstanding any other provision of this chapter, no person shall maintain, plant or permit to remain on any private or public premises including, but not limited to, the treelawn right-of way of residential property, situated at the intersection of two or more streets or alleys in the City any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle approaching such intersection to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing such intersection. Any such hedge, tree, shrub or growth is hereby declared to be a public nuisance.
(Ord. 30-2017. Passed 6-26-17.)