CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 3. Trees

Street Trees: ‘Street Trees’ are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side or all streets, avenues, or ways within the City.

Park Trees: ‘Park Trees’ are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, 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).

(Code 1998, 13-301; Code 2022)

No trees may be planted closer to any curb or sidewalk than 3 feet.

(Code 1998, 8-102; Code 2022)

No Street Tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No Street Tree shall be planted closer than 10 feet of any fireplug.

(Code 1998, 8-103; Code 2022)

No Street trees may be planted under or within 10 lateral feet of any overhead utility wire, or 5 lateral feet of any underground water line, sewer line, transmission line or other utility.

(Code 1998, 8-104; Code 2022)

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 public safety or to preserve or enhance the symmetry and beauty of such public grounds.

The City 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. This section does not prohibit the planting of Street Trees by adjacent property owners providing that the selection and location of said trees is in accordance with this article.

(Code 1998, 8-105; Code 2022)

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 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 pruning practices are impractical may be exempted from this article at the determination of the City.

(Code 1998, 8-106; Code 2022)

Every owner of any tree overhanging any street or right-of-way within the C ty shall prune 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 will be a clear space of fifteen feet (15’) above the surface of the street or sidewalk. 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 prune 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.

(Code 1998, 8-107; Code 2022)

The City shall have the right to cause the removal of any dead or 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 Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of service of said notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice.

(Code 1998, 8-108; 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.

(Code 1998, 8-109; Code 2022)

It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees, or trees on private grounds, as authorized in this article.

(Code 1998, 8-110; Code 2022)

Any person violating any provision of this article shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $75.00.

(Code 1998, 8-111; Code 2022)