*Cross reference(s)--Administration, Ch. 2; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 8; garbage and refuse, Ch. 10; health and sanitation, Ch. 11; junked, wrecked and abandoned property, Ch. 12; parks and recreation, Ch. 18; streets, sidewalks and other public places, Ch. 21; land use and development code, Ch. 27; landscaping, Ch. 27, § 10-5-12; landscape plan, Ch. 27, § 10-10-4.

Div. 1. Generally, §§ 26-36--26-55

Div. 2. Pruning or Removal of Trees, §§ 26-56--26-75

Div. 3. Street Tree Plan, §§ 26-76, 26-77

*Editor's note--Ord. No. 1989-9, § 1(f), adopted April 4, 1989 repealed Art. II of Ch. 26. Prior to such repeal, Art. II, §§ 26-16--26-21, pertained to landscaping and was derived from Code 1962, § 11-14-1(E)(1)--(3), (5)--(7). For current provisions relative to landscaping, see Ch. 27, § 10-5-12.

DIVISION 1. GENERALLY

The purpose of this article is to provide for the care of trees and shrubs on public rights-of-way and to aid in the proper growth of the landscape program to enhance the beauty of the city. Voluntary compliance is sought as the prime means of enforcing this article although provision is made for certain provisions if the objective of the city beautification is to be met. This article provides for a controlled, planned and consistent tree care program on public rights-of-way which will provide a demonstration of proper tree and shrub care.

(Code 1962, § 9-5-2)

The director of parks and recreation may inspect all trees, shrubs and logs upon any property within the city. Upon discovering any such plant material to be infested with any serious disease or insects detrimental to the growth, health and life of such plants or adjoining plants, the director shall at once notify the owner, agent or occupant of such property in writing. Such notification shall designate the location of the property where the disease or insect infestation exists, shall describe the conditions thereof and shall direct such owner, agent or occupant to remove and destroy these plant materials. If the owner, agent or occupant fails to comply with the written notification within the time specified by the director of parks and recreation, which time period shall not be less than ten (10) days, the city shall correct such condition and assess the cost of such correction to the owner, agent or occupant. In the case of detection of Dutch elm disease, a period of at least thirty (30) days shall be allowed for the removal of standing trees. If such Dutch elm disease is detected in dead or downed wood, it shall be removed immediately.

(Code 1962, § 9-5-13)

Any tree growing over a public alley, street or highway or so located as to extend its branches over a public alley, street or highway, shall be trimmed by the owner of the property on which the tree stands or his agent so that there shall be a clear height of fourteen (14) feet above the surface of the street, alley or highway and eight (8) feet above the surface of the sidewalks unobstructed by the branches. Such owner or agent shall remove all dead branches and stubs on such tree or trees which are or may become a menace to travelers on public highways, streets or alleys of the city. Trees whose roots are causing upraised sidewalks slabs are declared a nuisance. If a tree or its parts in any other way cause a hindrance to the general public or in any way endanger the security or usefulness of any public street, highway, alley, sewer or sidewalk is determined by the director of parks and recreation, it is hereby declared to be a public nuisance. If the owner of such private property does not correct or remove such nuisances within a reasonable time after written notification by the director of parks and recreation, the director shall cause the nuisance to be corrected or removed and the cost thereof shall be assessed to the owner of the property in question.

(Code 1962, § 9-5-14)

Any owner or occupant of real property shall trim all trees on property owned or occupied by him so that the branches thereon will not interfere with public travel as more specifically required in section 26-38.

(Code 1962, § 9-5-15)

Any owner or occupant of any real property shall maintain all hedges and shrubbery adjacent to public sidewalks so that no part of such hedges or shrubbery shall extend over any part of a public sidewalk of the city.

(Code 1962, § 9-5-16)

It is hereby declared unlawful for any person, not the owner thereof, or without lawful authority so to do, to injure, willfully deface, disfigure or destroy any tree or shrub or to injure, destroy, cut or pick any flower or plant located either on private ground or on any public place or thoroughfare.

(Code 1962, § 9-5-17)

(a) Appeals from orders, actions or determinations made pursuant to this article may be made by an affected party by the filing of written notice thereof with the city clerk within thirty (30) days after such order, action or determination is made. Such notification shall state in substance that an appeal is being made from such order, action or determination to the parks and forestry board which shall serve as an appeals board with respect to disputes arising pursuant to this article. The clerk shall thereupon cause such appeal to be placed on the agenda of the next regular meeting of the parks and forestry board at which meeting the appellant and the director of parks and recreation may present evidence in connection with the order, action or determination which is the subject matter of the appeal.

(b) For good cause, the parks and forestry board may set the hearing over to a date subsequent to the next regular meeting of the parks and forestry board; provided, however, the appeal shall be heard no later than forty-five (45) days after the filing of written appeal by an aggrieved party. The parks and forestry board shall hear evidence and make a determination either upholding the order, action or determination or setting such order, action or determination aside. Action taken by the parks and forestry board after a hearing in conjunction with such appeal shall be conclusive, subject to the right of an aggrieved party to file a subsequent appeal in a court of competent jurisdiction for the purpose of obtaining judicial review of such administrative determination.

(Code 1962, § 9-5-18)

No person shall prevent, delay or interfere with the director of parks and recreation or any of his duly authorized agents or assistants in the execution or enforcement of this article; provided, however, nothing contained in this section shall be construed as an attempt to prohibit a public hearing or to prohibit any legal or equitable remedy in any court of competent jurisdiction for the protection of property rights of the owner of property within the city.

(Code 1962, § 9-5-19)

The city manager, through the director of parks and recreation, or his duly authorized agent, shall have full power, authority, jurisdiction and control of planning, locating and replacing all trees on public streets and other areas of public property and shall likewise have supervision, direction and control of the care, trimming and removal thereof, as well as the enforcement duties with respect to the obligations imposed by this article. In implementing the enforcement objectives of this article, the city manager and the director of parks and recreation shall seek advice on technical matters from the parks and forestry board and the state forest service until such time as a professional forester is employed by the city.

(Code 1962, § 9-5-10)

DIVISION 2. PRUNING OR REMOVAL OF TREES

It shall be unlawful for any person to engage in the business within the city of cutting, trimming, pruning or removing trees or shrubs for compensation without having first procured a tree trimmer's license from the finance director. Such a license shall be issued in the name of an individual person, a firm or a corporation and, when so issued, shall permit such person, firm or corporation or any person employed by the person, firm or corporation to engage in the business of cutting, trimming, pruning or removing trees or shrubs within the city.

(Code 1962, § 9-5-3)

Cross reference(s)--Licenses and business regulations, Ch. 13.

The application for every license required by this division shall contain the name of the person making such application, the business address of the applicant as well as the mailing address for such application if the mailing address varies from the business address. The application shall also require a summary of the experience and training, if any, that the applicant has had in the cutting, trimming, pruning or removing of trees or shrubs as well as a summary and number and identification of persons employed by the applicant, and at least three (3) references from former places of employment for the applicant, if any. If the applicant has not been previously employed in the business of cutting, trimming, pruning or removing trees or shrubs, a practical test may be given prior to certification by the director of parks and recreation. In the case of applications by firms or corporations, the experience and background of each individual which will actually be cutting, trimming, pruning or removing trees or shrubs must be supplied and each crew working within the city on behalf of such firm or corporation must have a certified member exercising supervisory control over crew members.

(Code 1962, § 9-5-4)

Before any license may be issued under this division, the application therefor shall be submitted to the director of parks and recreation for processing pursuant to the provisions of this article. Within ten (10) days after receipt of an application for the license, the director of parks and recreation, or his authorized agent, shall examine the applicant for purpose of licensing and certification. Such examination may be oral or in writing, or may consist of a partial oral examination and a partial written examination, at the discretion of the director of parks and recreation. The examination for purposes of licensing and certification may, in the director's discretion, require an actual demonstration of the applicant's ability. Corporate applicants may submit multiple applications for certification for more than one (1) employee.

(Code 1962, § 9-5-5)

(Code 1962, § 9-5-6)

The director of parks and recreation shall, subject to review by the parks and forestry board and subsequent approval by the city council, promulgate such rules and regulations, including safety regulations, as may be necessary for the protection of the public in connection with the manner in which licensed tree trimmers shall operate within the city. The violation of any such regulation shall constitute grounds for revocation or suspension of a license issued pursuant to this division in addition to any other penalties provided for in this division. Such rules and regulations shall become effective upon their adoption by the city council after recommendation from the department of parks and recreation and the parks and forestry board.

(Code 1962, § 9-5-6)

Any licensee under this division shall cause his name and address to be prominently displayed upon all vehicles and equipment utilized in connection with the activities authorized by the license to be issued pursuant to the terms of this division. All automobiles, trucks, trailers and other vehicles operated by any licensee for the transportation of equipment used by him in such business and all self-propelled, drawn or towed equipment used by any licensee in such business shall have the name and address of such licensee displayed upon both sides thereof in plain and legible figures and letters not less than three (3) inches in height, which lettering shall be kept in sufficient condition to permit the same to be readily distinguished and read at a distance of at least sixty (60) feet. It shall be unlawful for a licensee to operate any such vehicles or equipment upon streets, alleys or other public ways or places within the city without such identification being legibly displayed thereon and such conduct upon any part of any licensee may be grounds for revocation or suspension of the license granted pursuant to the terms of this division.

(Code 1962, § 9-5-8)

(Code 1962, § 9-5-9)

DIVISION 3. STREET TREE PLAN

The city manager, through the director of parks and recreation, shall cause to be prepared a street tree plan for all public streets or other publicly owned places within the city and such plan shall reflect the species of trees as well as locations within the city. The plan shall be updated periodically in accordance with current knowledge about plant materials and their ability to survive under varying conditions. It shall be unlawful to plant any trees or shrubs in any public right-of-way or publicly owned place which is not in conformity with the street tree plan.

(Code 1962, § 9-5-10)

(Code 1962, § 9-5-12)