CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 3. TREES AND SHRUBS

Street Trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.

Park Trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

(Ord. 93-5-11A, Sec. 1)

No trees may be planted as street trees without written permission of the city council.  Recommended species classified as small, medium and large trees.

(Ord. 93-5-11A, Sec. 2)

The spacing of street trees will be in accordance with the three species size classes listed in section 13-302 of this section, and no trees may be planted closer together than the following:  Small Trees - 30 feet; Medium Trees - 40 feet; and Large Trees - 50 feet; except in special plantings designed or approved by a landscape architect.

(Ord. 93-5-11A, Sec. 3)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in section 13-303 of this section, and no trees may be planted closer to any curb or sidewalk than the following:  Small Trees - two feet; Medium Trees - three feet; and Large Trees - four feet.

(Ord. 93-5-11A, Sec. 4)

No street trees shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines.  No street tree shall be planted closer than 10 feet of any fireplug.

(Ord. 93-5-11A, Sec. 5)

No street trees other than those species falling under the classification of small street trees in this section may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(Ord. 93-5-11A, Sec. 6)

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.  The council may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.  This section shall not prohibit the planting of street trees by property owners providing that the selection and location of the trees is in accordance with sections 13-302:306 of this article.  The city is responsible for cost.

(Ord. 93-5-11A, Sec. 7)

It shall be unlawful as a normal practice for any person to top any street tree, park tree, or other tree on public property.  Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.  Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the city council.

(Ord. 93-5-11A, Sec. 8)

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 10 feet above the surface of the street or sidewalk.  The owners shall remove all dead, diseased or dangerous trees and stumps, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

(Ord. 93-5-11A, Sec. 9)

The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city.  The city council will notify in writing the owner of such trees.  Removal shall be done by the owners at their own expense within 60 days after the date of service of notice.  In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice.

(Ord. 93-5-11A, Sec. 10)

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.  Cost is a responsibility of the city.

(Ord. 93-5-11A, Sec. 11)

It shall be unlawful for any person to prevent, delay or interfere with the city personnel, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this article.

(Ord. 93-5-11A, Sec. 12)

It shall be unlawful for any person to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and obtaining a permit from the city.  No permit shall be required for any public service company or city employee, doing such work in the pursuit of their public service endeavors.  Before any permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $25,000 for bodily injury and $10,000 property damage indemnifying the city or any person insured or damaged resulting from the pursuit of such endeavors as herein described.

(Ord. 93-5-11A, Sec. 13)

Any person may appeal from any ruling order to the city council who may hear the matter and make final decision.

(Ord. 93-5-11A, Sec. 14)

Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction by municipal court or a plea of guilty subject to a fine not to exceed $500.

(Ord. 93-5-11A, Sec. 15)