CHAPTER 96: TREES

Section

96.01 Definitions
96.02 Tree Board
96.03 Tree species list
96.04 Public trees; planting regulations
96.05 Public trees; care
96.06 Public trees; topping prohibited
96.07 Street trees; clearance
96.08 Removal of dead public trees
96.09 Interference with Tree Board
96.10 Access to private property

§ 96.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PARK TREES. Trees in public parks or other city property.

PRIVATE TREES. All trees within municipal boundaries but not owned by the city.

PUBLIC TREES. All street and park trees and other trees owned by the city.

STREET TREES. Trees on land lying between the property lines on either side of all streets and avenues within the city.
(`88 Code, § 8-501) (Ord. 346, passed 12-3-90)

§ 96.02 TREE BOARD.

There is hereby created and established a City Tree Board which shall consist of four members, citizens and residents of this city, who shall be appointed by the Mayor with the approval of the City Council. The appointment of such members of such Board shall be for a term of three years. In the event of a vacancy, a successor shall be appointed to fill the unexpired term of such vacant seat. Members of the Tree Board shall serve without compensation. At its first meeting, which shall be in January of each year, the Board shall organize and elect a Chairperson and Secretary from its membership. It shall be the duty of the Secretary to keep the full and correct minutes and records of each meeting and to file the same with the City Clerk where they shall be available for public inspection at reasonable times. A majority of the Board members shall constitute a quorum for conducting business. The Board shall meet at such times as the City Council may designate. Special meetings may be called by the Chairperson or any two members of the Board. It shall be the duty of the Board to take immediate action to develop and administer an active comprehensive city tree program. When requested, the Board shall consider, investigate, make findings, report and recommend upon any special matter or question relating to trees.
(`88 Code, § 8-502) (Ord. 346, passed 12-3-90)
Cross-reference:
Boards and Commissions, see Chapter 32

§ 96.03 TREE SPECIES LIST.

The city shall maintain a list of recommended trees for planting in public areas. The purpose of this listing will be to maintain diversity in the total tree population. This list shall be available to residents of the city to aid in the selection of trees for private and public properties. This list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest.
(`88 Code, § 8-503) (Ord. 346, passed 12-3-90)

§ 96.04 PUBLIC TREES; PLANTING REGULATIONS.

(A) Trees may be planted in the tree lawn where there is at least six feet between the edge of the sidewalk and the burg of the street. Trees shall be planted no closer than three feet from a sidewalk, driveway or street.

(B) No tree shall be planted closer than 20 feet from any street corner, measured from the point of the nearest intersection of curbs or curblines.

(D) No trees other than small trees recommended per § 96.03 may be planted under or within ten lateral feet of any overhead utility line; nor over or within five lateral feet of any underground utility line.

(E) The spacing of trees will be in accordance with the two species size classes recommended per § 96.03, and no trees may be planted closer together than 20 feet for small trees and 40 feet for large trees.
(`88 Code, § 8-504) (Ord. 346, passed 12-3-90) Penalty, see § 10.99

§ 96.05 PUBLIC TREES; CARE.

(A) The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the right-of-way or bounds of all public parks as may be necessary to insure the public safety.

(B) The city may remove any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to electric power lines or other public improvements, or is seriously affected with any fatal disease.
(`88 Code, § 8-505) (Ord. 346, passed 12-3-90)

§ 96.06 PUBLIC TREES; TOPPING PROHIBITED.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

TOP or TOPPING. Removing the vertical leader stems and cutting the tree limbs back to a stub, bud, or a later branch not large enough to assume a terminal role, resulting in decay of the trunk and/or main branches and sprout production; usually involves removing more than 1/3 of the tree canopy.

(B) It shall be unlawful for any person to top any tree on city-owned land or public road right-of-way.

(C) It shall be unlawful for any person working for hire to top any tree on public land within the corporate limits of the city.
(`88 Code, § 8-506) (Ord. 346, passed 12-3-90; Am. Ord. 480, passed 1-20-03) Penalty, see § 10.99

§ 96.07 STREET TREES; CLEARANCE.

Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of ten feet must be maintained over walkways and a clearance of 17 feet must be maintained over streets and alleys. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.
(`88 Code, § 8-507) (Ord. 346, passed 12-3-90)

§ 96.08 REMOVAL OF DEAD PUBLIC TREES.

The city shall have the right to cause to be removed any dead public tree. Removal is the responsibility of the city.
(`88 Code, § 8-508) (Ord. 346, passed 12-3-90)

§ 96.09 INTERFERENCE WITH TREE BOARD.

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 public trees.
(`88 Code, § 8-509) (Ord. 346, passed 12-3-90) Penalty, see § 10.99

§ 96.10 ACCESS TO PRIVATE PROPERTY.

It shall be unlawful for any person to prevent, delay or interfere with access to private property by the city or its representative in the legal performance of any section of this chapter.
(`88 Code, § 8-510) (Ord. 346, passed 12-3-90) Penalty, see § 10.99