Chapter 94
VEGETATION*
Article I. In General
Sec. 94-1. Penalty.
Sec. 94-2. Arborist license and liability insurance; required.
Sec. 94-3. Dead or diseased tree removal on private property.
Sec. 94-4. Tree topping prohibited.
Secs. 94-5– 94-30. Reserved.
Article II. City Parks and Tree Board
Sec. 94-31. Creation and establishment.
Sec. 94-32. Term of office.
Sec. 94-33. Compensation.
Sec. 94-34. Duties and responsibilities.
Sec. 94-35. Operation.
Sec. 94-36. Review.
Secs. 94-37– 94-60. Reserved.
Article III. Street Trees and Other Trees on Public Property
Sec. 94-61. Definitions.
Sec. 94-62. Planting interfering with public use; hazardous; prohibited.
Sec. 94-63. Duty to maintain, enforcement.
Sec. 94-64. Abatement; assessment of costs.
Sec. 94-65. Street tree species to be planted.
Sec. 94-66. Spacing.
Sec. 94-68. Distance from curb and sidewalk.
Sec. 94-69. Distance from street corners and fire hydrants.
Sec. 94-70. Utilities.
Sec. 94-71. Public tree care.
Sec. 94-72. Right of entry.
Sec. 94-73. Unlawful interference.
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Cross references: Environment, ch. 38; fees pertaining to vegetation, § 42-571 et seq.; natural resources, ch. 58.
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ARTICLE I. Sec. 94-1. Penalty.
Except as otherwise provided in this chapter, a violation of any of the provisions of this chapter is a class C offense, punishable as provided in section 1-8.
Sec. 94-2. Arborist license and liability insurance; required.
As used in this article, arborist shall mean an individual who is trained in the art and science of planting, caring for, and maintaining trees and shrubs:
(a) It shall be unlawful for any person to engage in the business of commercial spraying, pruning, planting, trimming, removal and/or maintenance of trees and shrubs within the city without first applying for and procuring an arborist license. The annual license fee shall be as established in section 42-517 of this Code.
(b) Before any license shall be issued, each applicant shall successfully complete a written examination, administered by the city tree board.
(c) Each applicant for a license under this section shall annually file evidence of public liability insurance coverage in an amount not less than $500,000 per occurrence.
(d) Whenever an arborist license has not been renewed for a period exceeding one calendar year from issuance, another written examination shall be required.
(e) No license shall be required of any public utility company or city employee doing work in the pursuit of their employment; provided, however, that such employees shall be required to successfully complete a written examination.
(f) If a licensed arborist violates the provisions of this chapter, displays an inability to perform that work for which the arborist is licensed in a manner commensurate with the recognized standards of a trained arborist, or conducts business in a manner adverse to the interests of residents of the city, the city tree board shall meet and make recommendation to the governing body in regard to revocation or suspension of the individual's arborist license. Final action on a license revocation or suspension shall be vested in the governing body.
(Ord. 2293 § 1, 2-8-05)
Cross references: Businesses, ch. 22.
Sec. 94-3. Dead or diseased tree removal 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 constitute 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 such owners at their own expense within 60 days after the date of service of notice. Upon failure of owners to comply with such notice, the city may remove such trees and charge the cost of removal on the owner's property tax notice.
(Code 1968, § 25-163)
Sec. 94-4. Tree topping prohibited.
It shall be unlawful as a normal practice for any person or city department 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 section at the determination of the city tree board. The city utility department shall be authorized to top or prune any tree in an emergency.
(Ord. No. 1863, § 1, 9-13-94)
Secs. 94-5– 94-30. Reserved.
ARTICLE II. ------------
Cross references: Boards, commissions and authorities, § 2-541 et seq.
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Sec. 94-31. Creation and establishment.
There is hereby created and established the city parks and tree board, referred to as the city tree board in this chapter and elsewhere in this Code, which shall consist of seven members, citizens, and residents of the city, who shall be appointed by the mayor upon the recommendation and approval of the governing body.
(Code 1968, § 25-151; Ord. No. 2194, § 1, 6-25-02)
Sec. 94-32. Term of office.
The term of the seven persons to be appointed to the city tree board by the mayor shall be three years. If a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term by the mayor upon the recommendation and approval of the governing body.
(Code 1968, § 25-152)
Sec. 94-33. Compensation.
Members of the city tree board shall serve without compensation.
(Code 1968, § 25-153)
Sec. 94-34. Duties and responsibilities.
(a) It shall be the responsibility of the city tree board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the governing body and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.
(b) The city tree board, when requested by the governing body, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
(Code 1968, § 25-154)
Cross references: Boards, commissions and authorities, § 2-541 et seq.
Sec. 94-35. Operation.
The city tree board shall meet annually on the second Monday in January of each year and shall choose a chairman, vice-chairman and secretary. It shall 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 and the board shall meet once each month and at such special called meetings as may be necessary.
(Code 1968, § 25-155)
Sec. 94-36. Review.
The governing body 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 governing body who may hear the matter and make a final decision.
(Code 1968, § 25-166)
Secs. 94-37– 94-60. Reserved.
ARTICLE III. Sec. 94-61. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Park trees means and includes 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.
Street trees means and includes trees, shrubs, bushes and all other woody vegetation on land lying in that area between property lines on either side of all streets, avenues, or ways within the city, ordinarily denominated the parking area, provided all such vegetation is in excess of 12 feet in height.
(Code 1968, § 25-150)
Cross references: Definitions generally, § 1-2.
Sec. 94-62. Planting interfering with public use; hazardous; prohibited.
It shall be unlawful for the owner of any real property situated in the city and abutting upon or adjacent to any street, avenue, boulevard, public way, highway or alley in the city to plant, care for, cultivate, grow, keep or maintain any trees or shrubs upon such property, or in or upon the parking abutting upon or adjacent thereto, so that the same shall in any manner interfere with public travel and use of the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or obscure the vision of any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or constitute a menace or danger to any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks.
(Code 1968, § 25-112)
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Cross references: Parks and recreation, ch. 66; streets, sidewalks and other public places, ch. 78.
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Sec. 94-63. Duty to maintain, enforcement.
(a) It shall be the duty of every owner of real property situated in the city and abutting upon or adjacent to any street, avenue, boulevard, public way, highway or alley in the city to care for, cultivate, trim, prune, cut, keep and maintain, or cause to be cared for, cultivated, trimmed, pruned, cut, kept or maintained, all trees and shrubs kept, maintained, growing or planted thereon and in the parking or parkings abutting upon or adjacent to such real property in such manner that such trees and shrubs and the branches and limbs thereof shall not in any manner interfere with public travel and use of the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or obscure the vision of any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys or sidewalks, or obscure or interfere with street lighting, traffic control devices or traffic signs, or constitute a menace or danger to any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks. All such trees and shrubs shall be so planted and cultivated as not to extend lower than eight feet above the surface of any sidewalk and not lower than 14 feet from the traveled portion of any street, avenue, alley or other public way in the city. No pruning within any street or right-of-way shall be done which results in topping as prohibited in section 94-4.
(b) In case of failure of any owner of real property situated within the city to comply with the terms and provisions of subsection (a) of this section, the city shall declare such to be a nuisance, and the city may cause such trees and shrubs and the branches and limbs thereof to be removed, cared for, cultivated, trimmed, pruned and cut in such a manner and to such extent that the same shall not interfere with public travel and use of streets, avenues, boulevards, public ways, highways, alleys and sidewalks or obscure the vision of any person using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks, or obscure or interfere with street lighting, traffic control devices or traffic signs, or constitute a menace or danger to any person or persons using or desiring to use the streets, avenues, boulevards, public ways, highways, alleys and sidewalks. The cost of removing, caring for, cultivating, trimming, pruning, and cutting such trees and shrubs and the branches and limbs thereof may be levied and assessed against the real property and collected in the same manner as other taxes upon such real property; provided, that before the city shall cause any trees and shrubs or the branches and limbs thereof to be removed, trimmed or cut, the city shall give at least ten days' notice in writing to the owner or occupant of the real property abutting upon any street or other public way, requiring the obstructions arising from the trees or shrubs to be cut and removed; provided further, that where there is imminent danger or likelihood that any dead tree or shrub or any branches or part thereof is imminently dangerous and hazardous to public travel, the same may be removed by the city without any notice.
(Ord. No. 1967, § 1, 8-13-96)
Sec. 94-64. Abatement; assessment of costs.
(a) Upon the expiration of the ten days after receipt of the notice required by section 94-63, and in the event that the owner, occupant, or agent in charge of the real property shall neglect or fail to comply with the requirements of section 94-63, the city shall cause to be cut, and remove all trees, limbs and branches, and otherwise abate the nuisance created thereby.
(b) The city shall give notice to the owner, occupant, or agent in charge of the real property, by certified mail, of the costs of abatement of the nuisance. The notice shall state that payments of the costs are due and payable within 30 days following receipt of the notice. The cost of cutting or otherwise removal, cultivating, trimming, pruning of trees and/or shrubs shall be assessed at the rate of $100.00 per hour, or any fraction thereof required, or the actual cost incurred in abating the nuisance, whichever is greater.
(c) If the costs of removal or abatement remain unpaid after 30 days following receipt of notice, record of the costs of cutting and destruction and/or removal shall be certified to the city clerk, who shall cause such costs to be assessed against such lots or parcel of land on which the tree or shrub nuisance was so removed, and against such lots or parcels of land in front of or abutting on such street, avenue, boulevard, public way, highway, alley, and sidewalk where such tree(s) and/or shrub(s) was so removed, cultivated, trimmed, or pruned. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.
(Ord. No. 1967, § 1, 8-13-96)
Sec. 94-65. Street tree species to be planted.
The city tree board is authorized to publish the list of recommended trees for the city. No species other than those included in this list have been determined to be desirable in compatible climatology; however, should another species be desired, such species shall be reviewed with the city tree board.
(Ord. No. 2293 § 1, 2-8-05)
Sec. 94-66. Spacing.
The spacing of street trees will be in accordance with the three species classes listed by the city tree board. No trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet. This section does not apply to spacing done in accordance with the recommendations of a landscape architect or natural resource professional.
(Ord. No. 2293 § 1, 2-8-05)
Sec. 94-68. 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 by the city tree board. 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. No. 2293 § 1, 2-8-05)
Sec. 94-69. Distance from street corners and fire hydrants.
No street tree shall be planted closer than 25 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet of any fireplug.
(Code 1968, § 25-159)
Sec. 94-70. Utilities.
No street trees other than those species listed as small trees by the city tree board may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line or other utility.
(Ord. No. 2293 § 1, 2-8-05)
Sec. 94-71. 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 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 lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.
IN GENERAL
CITY PARKS AND TREE BOARD*
STREET TREES AND OTHER TREES ON PUBLIC PROPERTY*