§ 137-03 Applicability.
   (A)   This chapter is applicable to all municipal trees, shrubs, and cacti on public property which are maintained by the City of Yuma or adjacent private property owners, including public rights-of-way, parks, retention basins, and other facilities.
   (B)   Responsibility for the care and management of municipal trees is shared between the following: the Parks Maintenance Division of the Parks and Recreation Department; the Streets Maintenance Division and Basin Maintenance Division of the Public Works Department; and the adjacent property owners who are responsible for perpetual maintenance of all landscaped areas in the public right-of-way adjacent to their lot in accordance with § 154-20.05 of this code. All officers and investigators of the City Police and Fire Departments, the Parks and Recreation Department, the Community Development Department, and the Public Works Department are authorized to issue notices to comply and citations for violations of this chapter within city jurisdiction.
   (C)   The responsible entities shall use their best efforts to ensure their activities are guided by the Tree and Shade Master Plan, or any superseding management plans. The city shall update and improve this plan as necessary.
   (D)   The city may authorize an exception or partial exception to the restrictions in this chapter under any one of the following conditions:
      (1)   A verifiable emergency exists that endangers life or property;
      (2)   There is an interruption of essential public service;
      (3)   Public or other service for transportation is required where no other feasible means of providing such service exists;
      (4)   Public works or maintenance work performed by or on behalf of the city; or
      (5)   Work is required by city, county, state or federal regulation.
(Ord. O2019-038, passed 12-4-19; Ord. O2021-041, passed 12-15-2021)