§ 94.38. PUBLIC TREES; PLANTING, CARE AND REMOVAL.
Latest version.
(A) Care of public trees. 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 the public safety or to preserve or enhance the symmetry and beauty of public grounds. No other planting may be done without consent of the Tree Inspector.
(B) Removal of trees endangering utilities or other public improvements. The Tree Inspector may remove or cause to be removed any tree or part thereof which is in an unsafe condition or which by reason of its location or nature is injurious to or infringes upon any public utility or public improvement, or is affected with any injurious fungus, insect, or other pest. Every tree overhanging any street or right-of-way within the city shall be pruned so that the branches will not obstruct the light from any street lamp or obstruct the view of any intersection, and so that there is a clear space of eight feet above the sidewalk and 14 feet above the road surface.
(C) Protection of public trees near construction activities. Any tree located on city property in the immediate vicinity of any excavation, demolition, or construction site of any building structure, street, or utilities work which has potential for injury, shall be reasonably protected from such injury by the property owner or contractor.
(D) Tree topping prohibited. It is unlawful 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 within the tree's crown to such a degree so as to remove 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 subsection, as determined by the city.
(E) Removal of stumps. All stumps of street, park, or other public 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.
(F) Permits relating to public trees. It is unlawful for any person to plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application and procuring a permit from the Tree Inspector. The person receiving the permit shall abide by the standards set forth in this subchapter.
(G) Adjacent landowner responsibility. Owners of property adjacent to street trees shall maintain the trees by periodic watering and fertilizing of street trees as necessary to maintain good health and vigor and protect the trees against damage caused by lawnmowers, weed trimmers, snow blowers, and similar equipment.
