747.01 INJURY TO TREES AND SHRUBS.

   It shall be unlawful for any person:

   (a)   To remove, destroy, cut down, break, climb or injure any tree, ornamental plant or shrub in any street or public ground within the City, or any stake, wire or device protecting the same, except with and in conformance to the written permission of the Director of Public Works, which permission shall be given only when the Director finds that the proposed action is necessary to preserve the appropriate use of the street or public ground.

   (b)   To prune, fertilize, spray or otherwise treat any tree, ornamental plant or shrub, or to attach any rope, wire, chain, sign or other device thereto, except when employed by the City to do so, or with and in conformance to the written permission from the Director, which permission shall be given only when the Director finds that the proposed action will not substantially injure the tree, ornamental plant or shrub.

      Upon application for a permit to prune any tree, plant or shrub, the Director, or a subordinate designated by him, shall make an actual inspection of the tree, plant or shrub proposed to be pruned, and shall point out to the applicant, or mark with paint or both, the branches, if any, which may be removed and the point of removal, and the designation shall constitute a part of the permit.

   (c)   To permit any gas, salt, brine, oil, liquid dye or other substance deleterious to tree life to come in contact with the soil surrounding the roots of any tree, ornamental plant or shrub in such manner as to kill or injure the same.

   (d)   To place or maintain upon the ground in any public street or place within the City any stone, concrete or other impervious material in such manner as to obstruct the free access of air and water to the roots of the tree, ornamental plant or shrub. An area of less than nine (9) square feet of open ground around the base of the trunk of a tree three (3) inches in diameter with an increase of one (1) square foot of open ground for every two (2) inches increase in diameter shall be prima-facie evidence of violation of this subsection.

   (e)   To cause or procure or knowingly or negligently to permit a wire or other conductor charged with electricity to come in contact with any tree, ornamental shrub, or plant so as to kill or injure the same, or fail to remove any wire or conductor or to cut off the current therefrom within forty-eight (48) hours after written notice from the Director to do so, in case the Director finds it necessary to cut, prune or remove the tree.

   (f)   To fail to provide a good and sufficient protection for any tree, ornamental plant or shrub against any injury arising from any building operation of which he has charge.

   (g)   To cause or knowingly or negligently to permit any animal to injure any tree, ornamental plant or shrub.

   (h)   To maintain any of the nuisances defined in this chapter.

      (Ord. 6439. Enacted 9-17-56.)