EDITOR'S NOTE: This chapter, previously a codification of Sections 171.01, 171.02, 171.99, 575.01 and 575.99 of the 1955 Code, was repealed and re-enacted in its entirety by Ordinance A-1702, passed April 10, 1989.
905.01 Definitions.
905.02 City Tree Board.
905.03 Interference with Board prohibited.
905.04 Review of Board decisions by Council.
905.05 Street tree species to be planted.
905.06 Distance of trees from street corners, fireplugs and utilities.
905.07 Public tree care permit.
905.08 Public tree damage
905.09 City maintenance of public trees.
905.10 Tree topping.
905.11 Maintenance and removal of dead, dangerous or diseased trees on private property.
905.12 Removal of stumps.
905.13 Cottonwood trees prohibited.
905.99 Penalty.
CROSS REFERENCES
Injury or destruction of trees - see GEN. OFF. 541.06
Street trees in subdivisions - see P. & Z. 1118.10(f)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Agent” means any City employee or any contractor of the City performing tree related work which has been reviewed, approved or directed by the Board or City staff.
(b) “Board” means City Tree Board.
(c) “City Arborist” means a City staff member that has been certified by the International Society of Arboriculture as a certified arborist and is designated by the Board, and presides as the Board meetings as a facilitator. The City Arborist can be the Tree Board designee on City tree matters.
(d) “City tree” means any tree, shrub, bush and all other woody vegetation located on City property.
(e) “Public place” means the land within a City right-of-way or City owned property, exclusive of City park land and City “beauty areas”.
(f) “Right-of-way” means a portion of the public land adjoining and including City streets or alleys. Right-of-way also includes the space above and below.
(g) “Street tree” means any tree, shrub, bush and all other woody vegetation located on City right-of-way.
(h) “Topping” means the severe cutting-back of limbs to stubs larger than three inches in diameter, within the tree’s crown, to such a degree as to remove the normal canopy and disfigure the tree.
(i) “Tree Board designee” means the City Arborist. The Board designee may also be another City employee chosen by the Board to represent them when the City Arborist is unavailable.
(Ord. A-1702. Passed 4-10-89; Ord. A-2636. Passed 2-8-10.)
(a) Establishment; Membership. There is hereby established a City Tree Board, which shall consist of five members, who may be residents of the City; own property, or otherwise have an economic interest in the City; or, have expertise that would benefit the Board and as a result, the Sidney community, and who shall be appointed by Council.
(b) Term of Office; Compensation.
(1) Each member shall be appointed for a term of three years. In the event that a vacancy shall occur during the term of any member, Council shall appoint a successor for the unexpired term.
(2) Members of the Board shall serve without compensation. Any board member who has three unexcused absences on an annual basis shall be removed from the Tree Board.
(c) Powers and Duties. It shall be the responsibility of the Board to study, investigate, counsel, develop, administer, and periodically update a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in public places, including Graceland Cemetery. The plan will be presented annually to the Council, and, upon its acceptance and approval, shall constitute the official Urban Forestry Master Plan. The Board, when requested by Council, shall consider, investigate and make findings and recommendations upon any special matter or questions coming within the scope of its work.
(d) Operation; Rules and Regulations. The Board shall choose its own officers, make its own rules and regulations and keep minutes of its proceedings. A majority of the members shall be a quorum for the transaction of its business.
(Ord. A-2846. Passed 1-25-16.)
No person shall prevent, delay or interfere with the Board, or any of its agents, while they are engaging in the planting, cultivating, mulching, pruning, spraying or removing of any street trees, City trees or trees on private grounds, if authorized in this chapter.
(Ord. A-1702. Passed 4-10-89; Ord. A-2636. Passed 2-8-10.)
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