(A) Hazard placement. No tree, shrub or herbaceous plant shall be planted, placed or allowed to remain in a place which the City Forester determines causes a traffic hazard.
(B) Boulevard planting. Trees, herbaceous plants or shrubs must be located within the first three feet of the boulevard, measured from the property line and shall be consistent with the Comprehensive City Tree Plan and not in conflict with public plantings based on the judgment of the City Forester. Planting within the boulevard or upon other public property owned by the city will be by permit only.
(D) Abuse or mutilation. No person shall on public spaces and right-of-way:
(1) Damage, cut, remove, transplant, burn, carve, kill or injure trees without authorization;
(2) Trim, prune, remove, spray or otherwise treat trees without authorization;
(3) Attach any rope, wire, advertising poster or other contrivance to any tree; and
(4) Cause or permit any wire charged with electricity or any gaseous liquid or solid substance to come in contact with trees which are located on, or extend over, any public street, boulevard, park or other public place without a permit.
(E) Permits.
(1) No person shall plant, maintain, prune or remove trees or shrubs on a public boulevard without first obtaining a permit from the City Forester.
(2) The following provisions apply to the issuance of permits for planting trees or herbaceous plants and shrubs on a public boulevard:
(a) Application data. The application required under this section shall state the number of trees to be planted, the location, size and specific species of each tree or plant;
(b) Standards for issuance. A permit shall be issued by the City Forester only after the application has been determined to be in compliance with the Comprehensive Tree Plan and the requirements of this section and related sections;
(c) Replacement. As a condition to the granting of a tree removal permit, the City Forester may require the applicant to relocate or replace trees consistent with the Comprehensive Tree Plan;
(d) Bond requirements. A compliance bond or cash escrow may be required in an amount to be determined by the City Forester conditioned upon satisfactory compliance with the terms of the permit;
(e) Permit denial. If a tree planting or removal permit is denied, the reason(s) for denial shall be set forth in writing and given to the applicant; and
(f) Denial appeal. Any applicant adversely affected by the decision may appeal to the city’s Tree Board and, finally, to the City Council.
(F) Areas not applicable. The provisions of division (D) above shall not apply to:
(1) The removal of trees on public easements/rights-of-way, conducted by or, on behalf of, a federal, state, county, municipal or other governmental agency in pursuance of its lawful activities or functions in construction of improvements; or
(2) The removal of any tree by a public utility when the tree has the reasonable potential of endangering the facility’s operation by the utility.
(Prior Code, § 1220.06) (Ord. passed 3-1-2011)