(a)   Street Trees: Trees, shrubs, bushes and all other woody vegetation on land lying between the property lines on either side of all streets, avenues or ways within the city.

(b)   Park Trees: Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city or on property to which the public has free access as a park within the city.

(c)   Community Forest: All street and park trees as a total resource.

(d)   Community Forest Manager: The official representative of the tree board, and as such, is responsible for administration of the Community Forestry Program.

(Ord. 658, Sec. 1, Code 2001)

There is hereby created and established a city tree board (tree board) for the city. The tree board shall consist of five members, each of whom is a resident of the city and who shall be appointed by the mayor with the approval of the city council. Upon recommendation of the mayor and approval of the city council, a member of the tree board may be removed from office for any cause.

(Ord. 658, Sec. 2; Code 2001)

The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members appointed to the first board shall be only one year or until the first regularly scheduled city council meeting in May 1995, whichever is less.

The term of an additional two members of the first board shall be for two years or until the first regularly scheduled city council meeting in May 1996, whichever is less.

The remaining one person shall have a term of three years or until the first regularly scheduled city council meeting in May 1997, whichever is less.

In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term.

(Ord. 658, Sec. 3; Code 2001)

Members of the tree board shall serve without compensation.

(Ord. 658, Sec. 4; Code 2001)

It shall be the responsibility of the tree board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, replacement, maintenance, and removal or disposition of trees and shrubs in parks, along streets and in other public areas.

This plan will be presented annually by the tree board to the city council, and upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the city.

The tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(Ord. 658, Sec. 5.; Code 2001)

The tree board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

(Ord. 658, Sec 5; Code 2001)

The city shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the city upon request to the city or to a member of the tree board to aid in the selection of trees for private properties. This list shall be attached to the annual plan referenced in section 13-305.

The list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest.

(Ord. 658, Sec. 7; Code 2001)

Street trees may be planted no closer together than 30 feet except in special plantings approved by the tree board or community forest manager.

(Ord. 658, Sec 8; Code 2001)

Street trees may be planted in the tree lawn where there is more than six feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three feet from a sidewalk or a street. Exceptions can be granted by the city tree board.

No street tree shall be planted closer than 35 feet from any street corner, measured from the point of the nearest intersection of curbs or curblines.

No street tree shall be planted closer than 10 feet from any fireplug.

Special permission must be obtained from the tree board or the community forest manager when planting street trees within 10 feet of any point on a line on the ground immediately below any overhead utility wire, or within five feet of any underground water line, sewer line, transmission line or other utility.

(Ord. 658, Sec. 9; Code 2001)

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within right-of-way bound of all streets, alleys, lanes, squares, and public grounds, as may be necessary to ensure the public safety or to preserve or enhance the beauty of such public grounds.

The tree board may remove or cause or order to be removed, any tree or part of a tree which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is seriously affected with any injurious insect or disease.

The abutting property owners shall have the right to perform normal tree care on all street trees.

(Ord. 658, Sec. 10; Code 2001)

No person shall plant a street tree or any other tree in the public right-of-way without first obtaining a permit from the city clerk. There will be no fee for this permit.

(Ord. 658, Sec. 11; Code 2001)

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 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 other pruning practices are impractical may be exempted from this section at the determination of the tree board or the community forest manager.

(Ord. 658, Sec. 12; Code 2001)

Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight feet must be maintained over walkways and a clearance of 12 feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.

(Ord. 658, Sec. 13; Code 2001)

The city shall remove or cause to be removed any dead or diseased tree within the city limits. Diseased trees are defined as those trees that may constitute a hazard to life and property, or harbor insects or disease which represent a potential threat to other trees within the city. The tree board, in cooperation with the city, will notify in writing the owner of such trees that the removal of the dead or diseased tree shall be accomplished by the owner within 60 calendar days of notification. In the event the owner fails to remove the dead or diseased tree within the time allowed, the city shall have the authority to removal such trees and charge the cost of removal on the property tax notice.

(Ord. 658, Sec. 14; Code 2001)

It shall be unlawful for any person to prevent, delay or interfere with access to private property by 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 tree within the community forest, as authorized by this article.

(Ord. 658, Sec. 16; Code 2001)

It shall be unlawful for any person to prevent, delay or interfere with access to private property by the city or its representatives in the legal performance of any section of this article.

(Ord. 658, Sec. 17; Code 2001)

It shall be unlawful for any person, or firm to engage in the business or occupation of pruning, treating or removing any street tree, park tree or other privately owned tree without first applying for and procuring a license. The license fee shall be set by the tree board and with the approval of the city council. No license shall be required by any public service or employee doing such work in the pursuit of their public service endeavors.

Before a license shall be issued, each applicant shall first file evidence of possession of liability insurance and meet other requirements set by the tree board, with approval of the city council.

(Ord. 658, Sec. 18; Code 2001)

The city council shall have the right to review the conduct, acts and decisions of the tree board.

Any person may appeal from any ruling or order of the tree board to the city council who may hear the matter and make a final decision. A request for appeal must be in writing and must be mailed to the city no later than 10 calendar days after the ruling or order of the tree board.

The city council may appoint a member of the council to act on its behalf on an appeal from any ruling or order of the tree board. This member may conduct a hearing at any time convenient to the parties involved but no later than 10 calendar days after receipt of the appeal. If the appealing party fails to appear, the matter shall be deemed closed.

A request for appeal from a decision made by the appointed representative of the city council must be in writing and must be mailed to the city no later than five calendar days after the decision by the city council’s representative. The city council will hear the appeal at the next regularly scheduled city council meeting. If the appealing party fails to appear, the matter shall be deemed closed.

(Ord. 658, Sec. 19; Code 2001)

Any person violating any provision of this article shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $500.

(Ord. 658, Sec. 20; Code 2001)