(A) Permits: Adjacent property owners shall:
1. Meet all requirements and obtain all permits necessary for work done on any public trees as required in section 8-4-6 of this chapter.
2. Meet all requirements and obtain all permits necessary prior to commencing repair of damage done to public streets or sidewalk adjacent to any public trees as required in section 8-4-6 of this chapter.
3. Meet all requirements and obtain all permits necessary for any tree planting on public property as required in section 8-4-6 of this chapter.
(B) Routine Maintenance: Routine public tree maintenance for trees planted after July 1, 2004:
1. Adjacent property owners shall:
(a) Prune and maintain trees planted according to ANSI A300.
(b) Topping, heading, shearing or rounding over are not acceptable forms of tree pruning and are not allowed on public trees.
(c) Except as otherwise determined by the tree commission, branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with "public travel" as defined by section 8-1-5 of this title.
(d) Trees shall be pruned to remove dead limbs or other limbs that are considered a "public nuisance" as defined in section 8-4-8 of this chapter.
(e) Any commercial chemical application on public trees or public rights of way trees must be applied by a state of Idaho department of agriculture licensed professional applicator.
2. Control pests on trees located on public rights of way adjacent to the owners' private real property.
3. Provide water sufficient to keep trees located on public rights of way adjacent to the owners' private real property in a healthy, growing condition.
(C) Protection/Preservation:
1. Obtain a permit from the tree commission before performing any activity, which may harm any part of a public tree (inclusive of the critical root zone).
2. Notify the tree commission when any part of a public tree is damaged or destroyed. (Ord. 2791, 7-6-2004)