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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees, shrubs and all other woody vegetation in public parks and all other areas owned by the city or to which the public has free access as a park.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY OWNER. The person owning such property as shown by the County Auditors Plat of the city including the executor, administrator, or beneficiary of the estate of a deceased owner.
RIGHTS-OF-WAY. The areas extended from the streets dedicated to the city, from 1 front line to the other front line for city utilities.
STREET TREES. Trees, shrubs, bushes and all other woody vegetation on land lying on either side of all streets, avenues or rights-of-way within the city.
TREE LAWN. That part of a street or highway lying between the property line and that portion of a street or highway usually used for vehicular traffic.
(1981 Code, § 98.10) (Ord. 6755-96, passed 2-10-1997)
(A) Establishment; membership. There is created and established a Tree Commission for the city which shall consist of no more than 5 members. These members shall be appointed by the Mayor. The Commission shall also include 3 members of the City Administration, the Safety-Service Director, Street Superintendent, and the Park Director, who shall serve as ex officio members.
(B) Term. The term of the persons to be appointed by the Mayor shall be for 3 years. The term of the members of the first Commission shall be staggered into 1-, 2-, and 3-year terms as the Mayor so designates.
(C) Compensation. Members of the Commission shall serve without compensation.
(D) Purpose and objectives. The primary purposes and objectives of the City Tree Commission shall include the following:
(1) To study the problems and determine the needs of the city relative to a municipal tree care and tree planting program, to submit to City Council the minutes of each Tree Commission meeting, and to make at least 1 appearance a year with an annual report of the Commissions activities and programs.
(2) To establish the recommended species and varieties of trees to be planted in the city rights-of-way or parks.
(3) To disseminate news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same be on private or public property.
(4) To hold regular and special meetings at which the subject of trees insofar as it relates to the municipality may be discussed by the members of the Commission, officers, and all others interested in the tree program.
(5) The Commission, when requested by City Council or the Mayor, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
(E) Meetings and procedure.
(1) The Commission shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A simple majority of the members shall be a quorum for the transaction of business. All plans, findings, advises, reports and recommendations made by the Commission shall be in writing.
(2) Members of the Tree Commission shall attend a minimum of 50% of the regularly scheduled meetings of said Commission in a calendar year. In the event that a member fails to meet said standard of attendance the position shall be vacant and a person shall be appointed for the balance of the term.
(1981 Code, § 98.11) (Ord. 6755-96, passed 2-10-1997)
(A) The Commission shall compile a list of street trees that may be planted in city tree lawns, boulevards, and rights-of-way. This list shall constitute the official street tree species for the city and shall be made available in the office of the Safety Service Director. No species other than those included in the list may be planted as street trees without specific written permission of the Tree Commission. This list shall be reviewed and updated annually by the Tree Commission.
(B) The list shall divide the applicable species into three categories:
(1) Small trees - less than 30 feet;
(2) Medium trees - from 30 to 45 feet; and
(3) Large trees - over 45 feet.
(1981 Code, § 98.12) (Ord. 6755-96, passed 2-10-1997)
The spacing of street trees will be in accordance with the 3 species size classes and no trees may be planted closer together than the following: small trees - 25 feet; medium trees - 35 feet; and large trees - 50 feet except in special plantings designed or approved by the Tree Commission.
(1981 Code, § 98.13) (Ord. 6755-96, passed 2-10-1997)
No street tree shall be planted closer than 30 feet of any street corner measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted within 10 feet of any fire hydrant.
(1981 Code, § 98.14) (Ord. 6755-96, passed 2-10-1997)
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with three species size classes listed in § 98.12 of this subchapter and no trees may be planted closer to any curb or sidewalk than the following:
(A) Small trees - 2 feet = 4 feet tree lawn;
(B) Medium trees - 3 feet = 6 feet tree lawn; and
(C) Large trees - 4 feet = 8 feet tree lawn.
(1981 Code, § 98.15) (Ord. 6755-96, passed 2-10-1997)
No street trees other than those classified as small trees in § 98.12 shall be planted in any tree lawn under or within ten lateral feet of any overhead utility wire. At the time of permanent replacement of sewer systems those trees recommended by the Tree Commission may be planted within 5 feet of any underground water line, sewer line or other utility.
(1981 Code, § 98.16) (Ord. 6755-96, passed 2-10-1997)
(A) The city shall have the right to plant, prune, maintain, and remove trees, shrubs, and plants within the right-a-way of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(B) The City Administrator 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, electrical power lines, gas lines, or other public improvements or is infected with any injurious disease, insect, or other pest.
(C) This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with §§ 98.12 and 98.13. Adjacent property owners must acquire a permit from the Safety-Service Director's Office to plant a street tree.
(1981 Code, § 98.17) (Ord. 6755-96, passed 2-10-1997)
It shall be unlawful as a normal practice for any person, firm or city department 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 3 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 chapter at the determination of the City Tree Commission.
(1981 Code, § 98.18) (Ord. 6755-96, passed 2-10-1997)
(A) It shall be a violation of this subchapter for any 1 person to intentionally damage, cut, carve, transplant, or remove any tree or shrub; attach any wire, rope, (other than one used to support a young or broken tree) nails, signs, poster, handbill, or anything to or on any tree growing in a public place; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves.
(B) Street trees may be removed by filing an application for a permit for removal and obtaining such permit in writing. Applications shall be available in the City Safety-Service Directors Office.
(1981 Code, § 98.19) (Ord. 6755-96, passed 2-10-1997)
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