(a)   Street Trees: Shall mean trees, shrubs, bushes and all other woody vegetation on land lying between the property lines on either side of all streets, avenues or ways within the city.

(b)   Park Trees: Shall mean trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city or which public has free access as a park.

(c)   Community Forest: Shall mean all street and park trees as a total resource.

(d)   Very Large Trees: Shall mean those attaining a height of over sixty (60) feet.

(e)   Large Trees: Shall mean those attaining a height between forty (40) and sixty (60) feet.

(f)   Medium Trees: Shall mean those attaining a height between twenty (20) and forty (40) feet.

(g)   Small Trees shall mean those attaining a normal maximum height of twenty (20) feet.

(Ord. 765; Code 2003)

Street trees may not be planted closer together than the following:

(a)   Small Trees – fifteen (15) feet

(b)   Medium Trees – twenty-five (25) feet

(c)   Large Trees – thirty-five (35) feet

(d)   Very large trees – forty (40) feet

Exceptions may be granted by the tree board.

(Ord. 765; Code 2003)

(a)   Curbs and Sidewalks - Small and medium street trees may be planted in the tree lawn where there is six (6) feet to ten (10) feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three (3) feet from a sidewalk or street. Exceptions may be granted by the tree board.

(b)   Street corners and fire hydrants – No street tree shall be planted within twenty (20) feet of any street corner along an arterial street or within fifteen (15) feet of any street corner along the adjoining collector street. Distance will be measured from the point of nearest intersecting curblines. No street tree shall be planted within ten (10) feet of any fire hydrant.

(c)   Utility facilities – No street tree other than those species listed as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire. No street tree may be planted within ten (10) lateral feet of any water meter or over or within five (5) lateral feet of any underground waterline, sewer line, transmission line or other utility.

(Ord. 765; Code 2003)

The city shall have the right to plant, prune, maintain and move trees, plants and shrubs within the right-of-way or bounds of all streets, alleys, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the beauty of such public grounds. The city may remove, or cause, or order to be removed, any tree or part thereof which is 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 seriously affected with any injurious insect or disease.

(Ord. 765; Code 2003)

It shall be unlawful as a normal practice for any person, firm 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 (3) inches in diameter within the tree’s crown to such a degree 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 exempt from this section at the determination of the tree board.

(Ord. 765; Code 2003)

Maintaining clearances over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight (8) feet must be maintained over walkways and a clearance of fourteen (14) feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property. The public works director or his/her designee will notify in writing the owner of such trees in violation of the above clearance requirements, and stated improvements shall be accomplished within thirty (30) days of notification. In the event of failure to comply by the owner, the city shall have authority to prune such trees and charge the cost of pruning on the property tax notice.

(Ord. 765; Code 2003; Code 2015)

The city shall remove or cause to be removed any dead or diseased tree or tree limbs within the city limits. Diseased trees are defined as those trees that may constitute a hazard to life and property, or harbor insects or disease, which represent a potential threat to other trees within the city (i.e. Dutch elm disease or pine wilt). Removal of dead, dying or hazardous tree limbs shall be the responsibility of the property owner. Dead, dying or hazardous tree limbs are defined as any tree limbs that may constitute a hazard to life and or potential damage to property. The public works director or his/her designee will notify in writing the owner of such trees, and removal shall be accomplished within sixty (60) days of notification. Tree limb removal will be made in the same manner, but will be allowed (30) days after notification. In the event of failure to remove by the owner, the city shall have authority to remove such trees and charge the cost of removal on the property tax notice.

(Ord. 765; Code 2003; Code 2022)

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.

(Ord. 765; Code 2003)

It shall be unlawful for any person to prevent, delay or interfere with the tree board or any of its representatives or agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any tree within the community forest, as authorized by this article.

(Ord. 765; Code 2003)

The governing body shall have the right to review the conduct, acts and decisions of the tree board. Any person may appeal from any ruling or order of the tree board to the governing body, who may hear the matter and make final decision.

(Ord. 765; Code 2003)

The term habitual violator is defined as any resident or non-resident person or entity who, within the immediately preceding five (5) years has been found guilty or pled guilty in the municipal court of the city three (3) or more times of violating this article.

(Ord. 765; Code 2003)

Should the person, corporation, partnership, association or other entity fail to comply with the notice to abate the nuisance or request a hearing, the code enforcement officer may file a complaint in the municipal court of the city against such person, corporation, partnership, association or other entity and upon conviction of any violation of provisions of this article, be fined any amount not to exceed $300 or be imprisoned not to exceed thirty (30) days or both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense. Upon the second conviction or plea to a violation of this article, such person, corporation, partnership, association or other entity shall be fined the sum of $500. Upon conviction of a third violation of the article, such person, corporation, partnership, association or other entity shall be fined the sum of $1,000. Any person or entity who is convicted as a habitual violator under this article shall be fined $1,500 and shall be imprisoned for a term not to exceed five (5) days in jail.

(Ord. 765; Code 2003)