The following acts and conditions done or existing within the city relating to trees, plants and shrubs, are declared to be a nuisance:
(A) Any tree, plant or shrub, or part thereof, infected with ceratocystis ulmi, commonly known as the fungus causing the Dutch elm disease.
(B) Any tree, plant or shrub, or part thereof, which is dead, injured or diseased and considered to be a menace to the public health and safety, or which may result in the spreading or breeding of disease to other trees, shrubs or plants.
(C) Any tree, plant or shrub deemed by the Director of Public Safety to be hazardous or a menace to the safe movement or control of vehicular traffic upon the streets due to the obstruction by such tree, shrub or plant, or part thereof, to the view of any street light, traffic-control device or signal, or any public street intersection.
(D) The planting of any tree listed below within 100 feet of any public utility line above and below the ground and any sewer, drain or manhole of the city:
(1) Populus (all species and varieties);
(2) Salix (all species and varieties).
(E) Any tree, plant or shrub or part thereof deemed by the Director of Public Service to be hazardous to and or otherwise interferes with the safe and reliable operation of any of the city owned utilities.
(F) Any person, without privilege to do so, recklessly cutting down, destroying, girdling or otherwise injuring a vine, bush, shrub, sapling, tree or crop standing or growing on the land of another or upon public land.
(‘65 Code, § 909.01) (Ord. 53-75, passed 8-19-75; Am. Ord. 06-084, passed 9-5-06; Am. Ord. 10-091, passed 11-3-10)
Statutory reference:
Dutch Elm Disease, see R.C. §§ 927.39 et seq.