(a) The City shall have the right to plant, prune, maintain and remove trees, shrubs, and other plants from the tree lawn area and from all other publicly owned or controlled grounds, as may be necessary to insure public health and safety or to preserve or enhance the symmetry and beauty of said public grounds. The owner or occupant of the premises fronting on the tree lawn shall be the custodian of the tree lawn and shall keep the same in good condition under such rules as shall be made for this purpose by the Director of Service. No trees, flowers or shrubbery shall be planted thereon or removed therefrom except by written permission of the Director of Service. No structure of any type shall be placed in such tree lawn except by written permission of the Director of Service, and according to specifications promulgated by the Director of Service.
(b) It shall be the responsibility of any person(s) owning or occupying property adjacent to any street or other thoroughfare to maintain tree(s) on privately owned property in such a manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on the sidewalk, obstruct the movement of vehicular traffic, obstruct the vision of traffic signs, or obstruct the view of any street intersection. The City shall therefore have the authority to remove or cause to be removed any tree or part thereof located on privately owned property which by reason of its nature is potentially injurious to public safety or is affected by highly destructive fungus, insects, or other pests at the expense of the owner, if the property owner fails to do so within five days after being notified by the Director of Service to take such action. Minimum clearance of any overhanging or encroaching portion thereof shall be eight feet over the sidewalk and fourteen feet over all streets, except major thoroughfares where the clearance shall be sixteen feet.
(c) No tree located within the tree lawn or on any other public property shall be planted closer than thirty-five feet to any street corner, measured from the point of the nearest intersection of curbs and curblines.
(d) No tree located on the tree lawn or on any other public property shall be planted closer than fifteen feet to any fire hydrant.
(e) No person shall prune, trim, remove, or dispose of any tree(s) growing on the tree lawn or on any other publicly owned or controlled property, or use herbicides or other chemicals for any purpose on trees, shrubs, or other woody vegetation on the tree lawn or on any other publicly owned or controlled property without first obtaining written permission from the Director of Service. Interference with or damage to sidewalks situated within the tree lawn that is caused by healthy trees shall not be a basis for approval by the Director of Service for the removal of such trees.
(f) No person shall attach any rope, wire, hardware, advertisement posters or signs to any tree(s) located on the tree lawn or on any other publicly owned or controlled property.
(g) No person shall damage, carve, cut, deface, poison, transplant or top any tree(s) growing on the tree lawn or on other publicly owned or controlled property, nor allow any gaseous, liquid, or solid substance which is harmful to come into contact, either directly or indirectly, with any tree growing on the tree lawn or on other publicly owned or controlled property.
(h) The Service Director shall have the right to apply variations to the size, condition and placement of trees located within the tree lawn or on any other publicly owned or controlled property where circumstances warrant.
(Ord. 61-98. Passed 12-14-98.)