A. Distance From Street Corners And Hydrants: No street tree or park tree shall be planted closer than twenty feet (20') from any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree or park tree shall be planted closer than ten feet (10') from any fire hydrant or any further distance as may be prescribed by the most current version of the international fire code as may be adopted by the city from time to time.
B. Utilities: No park tree or street tree, other than those species listed as small trees on the recommended list, as determined in subsection 7-6-3G of this chapter, may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.
C. Public Tree Care:
1. The city shall have the right to plant, prune and remove any park trees or street trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
2. The city tree board may remove or cause or order to be removed any tree, or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvement, or which is infected with any injurious fungus, insect or other pest.
D. Tree Topping: It shall be unlawful for any person, firm or city department to top any park tree or street tree. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") 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 subsection at the determination of the city tree board.
E. Pruning; Corner Clearance:
1. Every owner of any tree overhanging any street or right of way within the city shall prune the branches so that such branches shall not obstruct the light from any traffic signal, or obstruct the view of any street intersection. Also, there shall be a clear space of eight feet (8') above public sidewalks and a clear space of thirteen feet (13') above city streets.
2. The city shall notify in writing the owners of trees that are not in compliance with these pruning requirements. The owner shall have thirty (30) days after such notification to complete the pruning, at which time the city will have the right to complete the pruning and then charge the cost of pruning to the owner's property tax notice.
F. Dead Or Diseased Tree Removal On Private Property: Owners of trees shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace or hazard to the safety of the public. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or when they harbor insects or diseases which constitute a potential threat to other trees within the city. The city tree board will notify, in writing, the owners of such trees. Except in the event of emergencies that require immediate removal, as determined by the city tree board, removal thereof shall be done by said owners, at their own expense, within sixty (60) days after the date of their receipt of such notice. In the event of failure of owners to comply with such notification, the city reserves the right to remove such trees and charge the cost of removal thereof to the property owner, or cause such cost to be added upon the owner's property tax notice for that year in which such removal occurs.
G. Removal Of Stumps: All stumps of park trees and street trees shall be removed to below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
H. Planting In Public Areas: No person shall plant, construct or place trees, shrubs, bushes or plants in or on a public park, city right of way or other public place owned and/or managed by the city, or any property to be dedicated to the city or the public in accordance with an approved subdivision application or development agreement, without first obtaining the approval of the city. The city may condition approval for the planting, constructing or placement of trees, shrubs, bushes or plants in a right of way that is owned or managed by the city on the person's agreement to remove such trees, shrubs, bushes or plants from the right of way at the request of the city.
I. Abuse Or Mutilation Of Public Trees: Unless specifically authorized by the city, no person shall intentionally damage, cut, carve, transplant or remove any park or street tree; attach any rope, wire, nails, advertising posters or other contrivance to any park or street tree; allow any gaseous liquid or solid substance which is harmful to such trees to come into contact therewith; or set fire or permit any fire to burn when such fire or the heat therefrom may injure any portion of any park or street tree. (Ord. 2014.10, 11-13-2014)