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The permit to remove a tree in public places in the city shall state the number and species of trees to be removed; and that other information as the director shall find reasonably necessary to a fair determination of whether a permit should be issued under this chapter.
(1957 Rev. Ords., § 11.903; 1992 Code, § 42-40) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
(a) The director shall maintain a list of approved street trees.
(b) The director may approve species other than from the approved list when the planting of the species is of equal or greater benefit to the city.
(1957 Rev. Ords., § 11.903; 1992 Code, § 42-47) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
(a) The director shall establish rules and regulations for the planting of trees in the public parking strip, including, but not limited to:
(1) No person shall plant or allow a tree to be planted in the right-of-way without a permit subject to the provisions of this chapter;
(2) Only approved trees may be planted in the parking strip;
(3) No tree shall be planted where the clear space between the curb and the sidewalk is less than five feet;
(4) No tree shall be planted closer than three feet from the curb;
(5) Trees must be one inch in diameter or larger measured six inches above the ground;
(6) Trees shall not be planted under power lines unless approved by the director;
(7) Trees shall be planted at least 40 feet apart except where otherwise permitted by the director;
(8) Trees shall be placed at least ten feet from a fire hydrant;
(9) Trees shall be placed at least ten feet from a driveway;
(10) Trees shall be placed at least 15 feet from a streetlight;
(11) Trees on a corner lot shall be planted at least 30 feet back from the corner; and
(12) Trees shall be placed at least 20 feet back from stop/yield sign or traffic signal.
(b) The established rules and regulations shall be available on the city’s website.
(1992 Code, § 42-48) (Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012; Ord. 83-18, passed 9-18-2018)
No person shall:
(a) Practice topping of any street tree or other tree on public property;
(b) Use climbing spurs to trim, spray, repair, inspect or preserve street trees; and/or
(c) Damage or destroy trees due to negligence or noncompliance. If found at fault, the person(s) responsible shall be required to pay for the necessary cost of repairs, removals and replacements.
(1957 Rev. Ords., § 11.907; 1992 Code, § 42-57) (Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012) Penalty, see § 10.999
(a) No person, whether licensed or not, shall move any building or other structure in a manner as to interfere with or injure any tree in any public area, except as provided in this section. If in moving any building or structure it is necessary to trim or move any tree, all work shall be done under the supervision and control of the director and at the expense of the person moving the building or structure. Should injury or death result to any tree because of trimming or moving, the person moving the building or structure shall, upon direction of the director replace the tree at the expense of the person moving the building or structure.
(b) An arborist licensed by the city is required for any tree trimming that may be necessary to move a building or structure in any public area. In addition, any tree trimming above the established height of branches above a street as established in § 94.037 shall require written permission from the abutting property owner of those tree(s). The permission will be attached to the building moving application. If permission from the abutting property owner is denied, the moving route will not be approved by the city.
(1957 Rev. Ords., § 11.906; 1992 Code, § 42-49) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
Any person growing a tree within the parking strip or other public place or responsible for trees growing on property abutting on public places supporting trees or woody plants shall:
(a) Trim trees or woody plants so as not to cause a hazard to public places or interfere with the proper lighting of public streets by the streetlights or interfere with the visibility of any traffic sign. All trees or woody plants shall be trimmed to allow free passage of pedestrians and vehicular traffic and in a manner so as to allow ten feet clearance over sidewalks and 12 feet clearance over all streets; provided, however, that trees along arterial or collector streets shall be trimmed to allow a clearance of 16 feet; and
(b) Treat or remove any trees or woody plants that are so diseased or insect ridden as to constitute a hazard to public safety or other trees or plants in public places.
(1957 Rev. Ords., § 11.904; 1992 Code, § 42-50) (Ord. 46-00, passed 5-15-2000; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
The city council may, at the time of making its annual tax levy for other purposes, levy for the purpose of maintaining, repairing, planting and otherwise improving and caring for boulevards a special front foot assessment.
(1992 Code, § 42-56) (Ord. 117-95, passed 9-5-1995; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
When the director determines that the removal of trees or other woody plants upon private property is necessary to preserve public health and safety, protect the health of the urban forest, the director may serve a written order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence.
(1957 Rev. Ords., § 11.905; 1992 Code, § 42-51) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
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