(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees, shrubs, bushes, and all other woody vegetation in public parks, and all areas owned by the city, or to which the public has free access as a park.
STREET TREES. Trees, shrubs, bushes, and all other woody vegetation in the public right-of-way within the city.
(B) Creation and establishment of a City Tree Board. There is hereby created and established a City Tree Board for the city which shall consist of the members of the City Parks Commission, who are appointed by the City Council.
(1) Term of office. The term of the five persons to be in accordance with the terms of the City Parks Commission.
(2) Compensation. Members of the Board shall serve without additional compensation.
(3) Duties and responsibilities. It shall be the responsibility of the Board to study, investigate, council, develop and/or update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs in parks, along streets, and in other public areas. Such plan will be presented to the City Council, and upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the city. The Board, when requested by the City Council, shall consider, investigate, make finding, report, and recommend upon any special matter or question coming within the scope of its work.
(4) Operation. The Board may choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(C) Street tree species to be planted. All trees planted must be in compliance with city ordinance.
(D) Spacing. The spacing of street trees will be in accordance with the species size classes; except in special plantings designed or at the discretion of the City Manager or designee.
(E) Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with city ordinance.
(F) Distance from street corners and fireplugs. No street tree shall be planted closer than 35 feet of any street corner, measured from the point of the nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet of any fireplug or at the discretion of the City Manager or designee.
(G) Utilities. No street trees may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility, or at the discretion of the City Manager or designee.
(H) Public tree care. The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(I) Tree topping. It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree, or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires, or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Board or at the discretion of the City Manager or designee.
(J) Pruning, corner clearance. Owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(K) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(L) Arborist’s license and bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning and/or treating trees within the city without first applying for and procuring a license. The license fee shall be in accordance with the city’s fee schedule provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance for bodily injury and property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Prior Code, § 32.39) (Ord. 2016-02, passed 5-24-2016)