This article shall be known and may be cited as the “Street Tree Ordinance” of the City.
(Code 1961, 9-3-1; Code 2023)
(a) Street: The word Street shall mean all of the land lying between property lines on either side of all streets, highways and boulevards in the City.
(b) Park: The word Park shall include all public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
(c) Tree: The word “Tree” (unless the context clearly indicates otherwise) means trees, shrubs, bushes and all other woody vegetation.
The City Forester shall be appointed by the City Manager.
(Code 1961, 9-3-2; Code 2023)
The City Forester shall be responsible for the planting, pruning, and removal of all trees located within the street rights-of-way, easements, alleys and parks of the City. The owner of land abutting on any street may, when acting within the provisions of this article, prune, spray, plant or remove trees in that part of the street abutting his land not used for public travel. A street tree permit shall be required only when the owner of property intends to deviate from the rules and regulations contained in this article.
(Code 1961, 9-3-3; Code 2023)
Tree planting on any right-of-way shall be performed in strict accordance with the terms hereunder and with the following regulations established for the planting, trimming, and care of trees in public places. If a person intends to deviate from the rules herein they must make application for a street tree permit to plant or set out trees or plants, and the City Forester shall have the authority to require from the applicant a detailed declaration of intentions with regard to planting.
(a) Trees must not be less than one (1) inch in diameter of trunk one (1) foot above the ground.
(b) All trees from one (1) inch to three (3) inches in diameter of trunk one (1) foot above the ground must be protected and supported by tree guards.
(c) No tree shall be placed so as to cause a traffic hazard.
(d) Trees shall be planted at least thirty (30) feet to fifty (50) feet apart except where a special permit is obtained from the City Forester.
(e) No tree shall be planted where the clear space between the curb and sidewalk is less than ten (10) feet.
(f) No tree shall be planted nearer than five (5) feet from the curb line or outer line of the sidewalk.
(g) No tree shall be planted nearer than thirty-five (35) feet from the right-of-way lines of two (2) intersecting streets.
(Code 1961, 9-3-4; Code 2023)
No person shall, without authority, break, injure, mutilate, kill or destroy any tree or shrub, or set any fire, or permit any fire, or the heat thereof, to injure any portion of any tree. No person, owning or using, or having control or charge of gas or other substance deleterious to tree line, shall allow such gas or other deleterious substance to come in contact with the soil surrounding the roots of any tree, shrub or plant.
(Code 1961, 9-3-5; Code 2023)
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 insure safety when servicing City utilities or to preserve the symmetry and beauty of such public grounds. The City Forester may remove or cause or order to be removed, any tree or port thereof which is in on 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.
(Code 1961, 9-3-6; Code 2023)
Every owner of any tree overhanging any street or right of way within the City shall 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 eight feet (8’) 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. All shrubs and bushes located on the triangle formed by two (2) right-of-way lines at the intersection of two (2) streets, and extending for a distance of thirty five feet (35’) each way from the intersection of the right-of-way lines on any corner lot within the City, shall not be permitted to grow to a height of more than twenty four inches (24”) above the road level of any street, avenue or alley, in order that the view of the driver of a vehicle approaching a street intersection shall not be obstructed. No trees may be planted in this area. All trees that are planted must be at least thirty-five feet (35’) from the intersection of the right-of-way lines of two (2) streets. Any owner or any property failing to trim any trees, shrubs, or bushes in conformity with this Section, shall be notified by the City Forester to do so and such notice shall require trimming in conformity with this Section within five (5) days after the date of such notice. Upon the expiration of such period, the City Forester may cause the trimming to be done and the cost thereof may be collected from the owner of said property.
(Code 1961, 9-3-7; Code 2023)
It shall be unlawful for any person to prevent, delay or interfere with the City Forester, or any of his agents, or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any trees, plants, or shrubs in or upon any public right of way, public park or upon any private grounds, as authorized in this article.
(Code 1961, 9-3-8; Code 2023)
The City Forester may make additional rules and regulations pertaining to the planting, removal and care of trees, bushes, and shrubs not inconsistent with the provisions of this article. No person shall fail to obey any such rule or regulation.
(Code 1961, 9-3-9; Ord. 2009; Code 2023)