A. Scope Of Requirements: No person except the arborist, an agent of the arborist, public utility company or a contractor hired by the arborist may perform any of the following acts without first obtaining from the arborist a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law.
1. Plant trees or shrubs on city owned property or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city owned property from watering or fertilizing, without a permit, any tree, shrub or other plant located on such city owned property;
2. Trim, prune or remove any tree or portions thereof if such tree or portions thereof reasonably may be expected to fall on city owned property and thereby to cause damage to persons or property;
3. Place on city owned property, either above or below ground level, a container for trees, shrubs or other plants;
4. Damage, cut, tap, carve, or transplant any tree, shrub or other plant located on city owned property;
5. Attach any rope, wire, nail, sign, poster or any other manmade object to any tree, shrub or other plant located on city owned property;
6. Dig a tunnel or trench on city owned property.
B. Issuance: Within seven (7) days of receipt of the application, the arborist shall issue a permit to perform within thirty (30) days of the day of issuance any of the acts specified in subsection A of this section, for which a permit is requested whenever:
1. Such acts would result in the abatement of a public nuisance; or
2. Such acts are not inconsistent with the development and implementation of the urban forestry plan or with any regulations or standards of the "Arboricultural Specifications Manual"; and
3. Whenever an application has been signed by the applicant and submitted to the arborist detailing the location, number, size and species of trees, shrubs or other plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used and presenting any additional information that the arborist may find reasonably necessary.
4. The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the urban forestry plan and with the regulations and standards set forth in the "Arboricultural Specifications Manual"; and
5. The applicant certifies that he or she has read and understands those provisions of the urban forestry plan, this chapter and of the "Arboricultural Specifications Manual" which are pertinent to the work for which the permit is sought; and
6. If the work for which a permit is issued entails the felling of any tree or part thereof, located on private property, which, as a result of such felling reasonably may be expected to fall upon city owned property and if such felling is done by one other than the owner of the property on which such felling is done, then the applicant shall agree to indemnify and to hold the city of Wenona harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the city clerk a liability insurance policy in the amount of one hundred thousand dollars ($100,000.00) per person/three hundred thousand dollars ($300,000.00) per accident for bodily injury liability and fifty thousand dollars ($50,000.00) aggregate for property damage liability, which policy shall name the city of Wenona as an additional insured.
C. Public Utility Companies: Public utility companies shall notify the city arborist prior to the initiation of pruning cycles which will involve trees located on city owned property for the purpose of maintaining safe line clearance. The notice shall state the estimated time frame of the pruning cycle as well as the planned locations in the city where the work will be performed. All pruning work shall be carried out in accordance with accepted arboricultural standards. Public utility companies shall also notify the city arborist prior to the installation or maintenance of underground utilities if such activity will occur within the dripline of trees located on city owned property. In the case of severe storms, natural disasters or other emergency situations, a public utility company may perform any required pruning or underground utility maintenance necessitated by such situation and thereafter notify the city arborist of the work performed. (Ord. 070703B, 7-7-2003)