Chapter 13 · Streets and Sidewalks

Article 3. Trees and Shrubs

Sections 13-301 to 13-336 · 22 sections

GENERAL PROVISIONS

13-301 Public tree care.

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 ensure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof that is in an unsafe condition or, 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.

13-302 Diseased trees; determination.

Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the City Clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.

13-303 Same; notice served.

Notice shall be served by a police officer by delivering a copy thereof to the owner and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the City Clerk shall notify the owner by mailing a notice by certified mail to their last known address.

13-304 Same; failure of owner; duty of city.

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the Chief of Police shall proceed to have the designated tree, tree material or shrub, treated or removed and report the cost thereof to the City Clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.

13-305 Same; prevent spread of disease.

No tree, tree materials or shrubs as mentioned herein that have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.

13-306 Dangerous, dead or diseased trees on private property.

(a)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 lan1p or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that 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.

(b)The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.

13-307 Trees on public property; cost borne by city.

The city shall have the authority to treat or to remove any tree as defined in section 13-301 of this article, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.

13-308 Costs on tax rolls.

The City Clerk shall, at the time of certifying other city taxes to the County Clerk, certify the unpaid costs for treatment or removal performed under the authority of section 13-304 to 13-306 of this article and the County Clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the General Fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

13-309 Injuring trees and shrubs.

No person shall willfully break, cut, take away, destroy, injure, mutilate or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

13-310 Fire hydrants, plantings adjacent to.

No person shall plant, or cause to be planted, nor allow to grow upon property owned by them any shrubs, trees or planting of any kind within ten feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night to fire apparatus approaching from any direction.

CITY TREE BOARD

13-325 Definitions.

For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)Park Trees. 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.

(b)Street Trees. Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways with the city.

(Prior Code § 15-701; Ord. 885)

13-326 Creation and establishment.

There is hereby created and established a Tree Board for the city, which shall consist of five members, citizens and residents of the city, who shall be appointed by the Mayor with the approval of the Council.

(Prior Code § 15-702; Ord. 768; Ord. 885)

13-327 Members; term of office; compensation.

(a)The term of the five persons to be appointed by the Mayor shall be three years; except that, the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, their successor shall be appointed for the unexpired portion of the term.

(Prior Code § 15-703)

(b)Members of the Board shall serve without compensation.

(Prior Code § 15-704; Ord. 885)

13-328 Duties and responsibilities.

(a)It shall be the responsibility of the Board to study, investigate, advise and develop and/or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

(b)The city, or its agent, shall be responsible for the planting, pruning and removal of all trees located within the parks of the city. The City Tree Board shall oversee the planting and removal of all trees, bushes and shrubs located within the street rights-of-way, easements and alleys of the city. The owner of land abutting on any street may, when acting within the provisions of this subarticle, prune, spray, plant or remove trees, shrubs and bushes in that part of the street abutting their land not used for public travel. A street tree permit shall be required when the owner of property intends to plant and/or remove trees, shrubs and bushes within street rights-of-way, easements and alleys. The permit may be obtained from the city office.

(c)The Board, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work.

(Prior Code § 15-705; Ord. 885)

13-329 Operation.

The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

(Prior Code § 15-706; Ord. 885)

13-330 Species to be planted.

A list of preferred and acceptable trees shall be provided by the Tree Board in the city’s Tree Policy Guidelines. All trees planted within street rights-of-way must be from the approved list, or be approved by the Tree Board.

(Prior Code § 15-707; Ord. 885)

13-331 Spacing and distance regulations; corner clearance.

(a)Spacing. The spacing of street trees will be in accordance with the three species size classes listed in the approved street trees of the city’s Tree Policy Guidelines, and no trees may be planted closer together than the following:

(1)Small trees: 30 feet;

(2)Medium trees: 40 feet; and

(3)Large trees: 50 feet.

(b)Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in the approved street trees of the city’s Tree Policy Guidelines, and no trees may be planted closer to any curb or sidewalk than the following:

(1)Small trees: four feet;

(2)Medium trees: five feet; and

(3)Large trees: six feet.

(c)Distance from street corners and fireplugs.

(1)No street trees, shrubs or bushes shall be planted closer than 20 feet of any street corner on a 20 mph street, 30 feet of any street corner on a 30 mph street, and so forth, measured from the point of nearest intersecting curbs or curblines.

(2)No street tree shall be planted closer than ten feet to any fireplug.

(d)Public tree care. The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes squares and public grounds, as may be necessary to ensure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The City Tree Board 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 line, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.

(e)Trimming; corner clearance. Every owner of any tree over-hanging any street or right-of-way within the city shall be responsible to trim 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 12 feet above the surface of the street or right-of-way. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to trim 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, such trimming to be confined to the area immediately above the right-of-way.

(f)Dead or diseased tree renewal on private property. 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 constitutes a potential threat to other trees within the city. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty 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 owner’s property tax notice.

(Prior Code § 15-708:714; Ord. 885)

13-332 Utilities.

No street trees, other than those species listed as small trees in the approved street trees of the city’s Tree Policy Guidelines may be planted under or within 20 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. Medium trees may be planted no closer than 20 lateral feet of any overhead utility wire, and large trees may be planted no closer than 50 lateral feet.

(Prior Code § 15-711; Ord. 885)

13-333 Interference with tree board.

It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of their agents, or servants, 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 subarticle.

(Prior Code § 15-715; Ord. 885)

13-334 Arborist license and bond.

It shall be unlawful for any person or firm to engage in the business or occupation of trimming, pruning, treating or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license fee shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amount of $25,000 for bodily injury and $5,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(Prior Code § 15-716; Ord. 885)

13-335 Review by city council.

The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Council who may hear the matter and make final decision.

(Prior Code § 15-717; Ord. 885)

13-336 Penalty.

Any person violating any provision of section 13-325 through 13-335 shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $500.

(Prior Code § 15-718; Ord. 885)