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 safety when servicing city utilities or to preserve the symmetry and beauty of 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.

(Code 2007)

Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.

(Code 2007)

Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.

(Code 2007)

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.

(Code 2007)

No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.

(Code 2007)

(a)   Every owner of any tree overhanging any street or right-of-way within the city 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 shall be a clear space of 14 feet above the surface of the street or right-of-way. The 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.

(b)   The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.

(Code 2007)

(Code 2007; Ord. 2062)

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-304:306 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(Code 2007)

No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

(Code 2007)

No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.

(Code 2007)

(a)   Trees planted on any street or parking, except on Iowa and Miami Streets, shall be on a line 11 feet from the lot line; Miami and Iowa Streets, west of Sixth Street shall be on a line nine feet from the lot line.

(b)   No new trees shall be planted or grown on any part of Iowa Street from First to Sixth Streets.

(Code 1977, 12.24.040)

As used in sections 13-311:318, the following definitions shall apply:

(a)   Park Trees - means trees, shrubs, bushes, 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.

(b)   Street Trees - means trees, shrubs, bushes and all other woody vegetation on land lying between the property line and street line side of all streets, avenues, or ways within the city.

(Code 1977, 12.24.100)

The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the city.

(Code 1977, 12.24.110; Ord. 2059)

The spacing of street trees will be in accordance with the three species class size listed in section 13-313, and no trees may be planted closer together than the following: except in special planting designed or approved by a landscape architect:

(a)   Small Trees, 30 feet;

(b)   Medium Trees, 40 feet; and

(c)   Large Trees, 50 feet.

(Code 1977, 12.24.120)

The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in section 13-313 and no trees may be planted closer to any curb or sidewalk than the following:

(a)   Small Trees, two feet;

(b)   Medium Trees, three feet; and

(c)   Large Trees, four feet.

(Code 1977, 12.24.130)

(a)   No street tree shall be planted closer than 25 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.

(b)   City street planters are exempt from the requirements of this provision.

(Code 1977, 12.24.140; Code 2007)

No street trees other than those species listed as small trees in 13-313 shall be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(Code 1977, 12.24.150)

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 the 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 when other pruning practices are impractical may be exempted from this section at the determination of the city.

(Code 1977, 12.24.170)

It is unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the city without first applying for and procuring a license. The license shall be issued in accordance with Chapter 5. No license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors.

(Code 1977, 12.24.200)