Chapter 10-2
TREES AND SHRUBS
Sections:
10-2-01 Parks, Recreation and Public Facilities Director: Powers and duties.
10-2-02 Permits required to plant in public places.
10-2-03 Permits required to trim or cut in public places.
10-2-04 Permission required to install poles near trees.
10-2-05 Trees overhanging public places.
10-2-06 Interpretation of provisions.
10-2-01 Parks, Recreation and Public Facilities Director: Powers and duties.
The Parks, Recreation and Public Facilities Director shall direct the kind and variety of trees and shrubbery to be planted in any public park in the City. The planting, trimming, and removing of trees and shrubbery upon the streets and public places of the City are hereby vested in the Parks, Recreation and Public Facilities Director who shall have the authority, under the supervision of, and subject to the approval of, the Council or any committee thereof appointed by the Mayor, to adopt rules and regulations for the planting, trimming, and removing of such trees and shrubbery. The Parks, Recreation and Public Facilities Director may employ such labor as is necessary to assist him in the discharge of such duties.
(1265-CS, Amended, 01/09/2020)
10-2-02 Permits required to plant in public places.
It shall be unlawful for any person to plant any tree or shrubbery on any street or in any park or public places without first obtaining a permit to do so from the Parks, Recreation and Public Facilities Department.
(1265-CS, Amended, 01/09/2020)
10-2-03 Permits required to trim or cut in public places.
It shall be unlawful for any person to trim, cut, mutilate, or injure any tree, or the roots or branches thereof, growing upon any public street, curb, or place in the City or to injure or impair the growth or life of any such tree, roots, or branches without a permit so to do from the Parks, Recreation and Public Facilities Department.
(1265-CS, Amended, 01/09/2020)
10-2-04 Permission required to install poles near trees.
It shall be unlawful for any person to install any street pole, telephone pole, electric light pole, or power pole within ten (10') feet of the trunk of any growing tree upon any street in the City without first having obtained permission from the Parks, Recreation and Public Facilities Director or his or her designee to erect such pole within such limit of ten (10') feet.
(1265-CS, Amended, 01/09/2020)
10-2-05 Trees overhanging public places.
(a) Duty of owners and tenants. It shall be the duty of every person having charge or control of any lot or premises, either as owner, agent, lessee, tenant, or otherwise, on which trees are growing which overhang any public street or alley, to trim such trees where they overhang such public street or alley, so there shall be a clearance of at least sixteen (16') feet, but not more than twenty (20') feet, between the lowest limb or foliage of such trees and the public street or alley, and to trim trees overhanging any public sidewalk to leave at least seven (7') feet but not more than ten (10') feet between the lowest limb or foliage and the public sidewalk.
(b) Trimming by City. Should any such person fail, neglect, or refuse to trim any such tree, the Parks, Recreation and Public Facilities Director or designee shall have the power, and to initiate abatement proceedings under this Code and to cause such tree to be trimmed in accordance with the requirements of this section. The cost of such work shall be charged to, and become a valid claim against, the person having charge or control of the lot or premises, either as owner, agent, lessee, tenant, or otherwise, and shall be recoverable in any court of competent jurisdiction.
(1265-CS, Amended, 01/09/2020; 1161-CS, Amended, 12/13/2011)
10-2-06 Interpretation of provisions.
The provisions of this chapter shall not be construed as a limitation on the power lawfully vested in the Council to cause the removal of any shrubs or trees if, in the opinion of the Council, it is necessary to remove the same for the purpose of improving any street or alley or for any other lawful cause.
(1265-CS, Amended, 01/09/2020)