541.06 DESTRUCTION OR ABUSE OF TREES.

   (a)   For the purpose of the section the terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word shall is mandatory and not merely directory.

      (1)   "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

      (2)   "Street" or "highway" means the entire width of every public way or right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

      (3)   "Park" includes all public parks.

      (4)   "Public places" includes all other grounds owned by the Municipality.

      (5)   "Property line" means the legal boundary line.

      (6)   "Lawn strip" or "curb strip" means that portion of a street or highway right of way outside of the portion improved for travel, including the sidewalk.

      (7)   "Street trees" means all shade or ornamental trees on land lying between property lines on either side of a lawn strip or curb strip of all streets, avenues or ways within the Municipality.

      (8)   "Park trees" means all shade or ornamental trees in public parks, having individual names, and all areas owned by the Municipality, or to which the public has free access as a park.

   (b)   No person shall intentionally damage, cut, carve, remove, abuse or intentionally cause any street tree or park tree to be otherwise mutilated or to perform any other such act which will cause injury to said park or street tree within the Municipality.

   (c)   Nothing in this section shall be interpreted to preclude the trimming of street or park trees or removing dead or diseased trees.

   (d)   Whoever violates this section is guilty of a minor misdemeanor, and shall be fined not more than one hundred dollars ($100.00) plus the cost of replacement of any tree destroyed. For a second conviction within one year, a person shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) plus the cost of replacement of any tree.
(Ord. 1982-46. Passed 10-19-82.)