§ 96.01 TREES AND SHRUBS.
   (A)   Property owners are responsible for the maintenance and upkeep of all trees and shrubs located within the public right-of-way. Trees that pose a danger to public safety, interfere with pedestrian or vehicular traffic, or are damaging to adjacent buildings shall be removed or trimmed.
   (B)   Any and all expenses in connection with the setting out, cutting, trimming, removing, or replacing of trees and shrubs in the public right-of-way shall be borne by the property owner(s), except as otherwise provided.
   (C)   No person shall plant, remove, move, brace, do or have performed major surgery work, or cut above or below ground any tree or shrub, in the public right-of-way, without receiving a permit from the city.
   (D)   Any person, firm, or corporation desiring to plant, remove, move, brace, perform major surgery work, or cut above or below ground any tree or shrub, in the public right-of-way, shall apply to the Clerk-Treasurer for a permit, stating in such application the name of the applicant, or, if a firm, the names of the members thereof, and the location of the tree(s) to be cut. Such applicant is to pay an application fee to the Clerk-Treasurer in the sum of $10 with the application. Any permit issued shall be valid for one year. The fees shall be accounted for as other fees due to the city.
   (E)   No person shall fasten any sign, wire, rope, or other material to or around or run any wire or rope through any tree or shrub in the public right-of-way, without a permit from the city.
   (F)   The Clerk-Treasurer shall refer all permit applications to the Mayor for approval. The Mayor shall consider all permit applications and may require a bond to insure the removal and clean-up of debris occasioned as a result of the work performed on any tree or shrub located within the city right-of-way. The Mayor may further require of the applicant liability insurance for the protection of persons or property that may be injured or damaged by such work.
   (G)   No person shall deposit or store materials of any kind on the public right-of-way for a time sufficient to cause damage to the trees or shrubs in the area. No person shall be permitted to dig holes or tunnels through tree root systems so as to injure such tree or to move a house or building that cannot be moved without injury to a tree or trees in the public right-of-way.
   (H)   Trees may be trimmed or removed by the city to uncover streetlights, to improve street lighting, or to remove dangerous limbs that interfere with pedestrian or vehicular traffic or in any way pose a risk to the public safety and well being.
(Ord. 2005-7, passed 3-21-05)
Cross-reference:
   Building Regulations, see Chapter 150