§ 99.07. NOTIFICATION OF PLANTING.

(A) Whenever a landowner or private contractor plants, removes or prunes any tree(s), in or upon any public land, a notice of the proposed activity must be given to the Street Tree Director. This notice can be given in writing or in person.

(B) The notice shall contain the following information and such planting, removal or pruning shall comply with the following requirements:

(1) No tree shall be planted or removed in or upon any public land without permission of the Street Tree Director, which permission shall be recorded in a log maintained by the Street Tree Director. Such application shall designate the type of tree and place where such tree is to be planted, pruned or removed and the Director shall authorize the species and variety of tree provided it is authorized under the Tree Plan. The Director is authorized to direct the spacing and the minimum planting size of such tree within the guidelines contained in the Tree Plan.

(2) Such application for planting, removal or pruning shall contain such other information as the Director shall find reasonably necessary to a fair determination of whether permission should be issued hereunder.

(3) No tree or plant declared to be an undesirable species of tree or plant under the terms of the Tree Plan shall be permitted.

(4) No hedge, tree, shrub or other growth shall be situated at an intersection of two or more streets, alleys or driveways so as to obstruct the view of the operator of any motor vehicle with regard to other vehicles or pedestrians approaching or crossing such intersection.

(5) No person shall, without permission from the Director in the case of a tree located on public land, do or cause to be done any of the following acts:

(a) Secure, fasten or run any rope, wire, sign or other device or material to, around, or through a tree.

(b) Break, injure, mutilate, deface, kill or destroy or permit any fire to burn where it will injure any tree.

(c) Permit any toxic chemical, gas, smoke, brine, oil or other injurious substance to seep, drain or to be emptied upon or about any tree.

(d) Excavate any ditch or trench in such a manner as to adversely affect the health of a tree or damage the root system.

(e) Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby trees which may be injured or defaced by or where said injury or defacement may arise out of, in connection with or by reason of such operation. Quality of said guard shall be determined by the Street Tree Director.

(f) Knowingly permit any uninsulated electric transmission or distribution wires to come in prolonged contact with any public tree.

(g) Remove any guard, stake or other device or material intended for the protection of any public tree or close or obstruct any open space about the base of a public tree designated to permit access of air, water and fertilizer.

(1980 Code, § 99.07) (Ord. 1995-1, passed 2-14-1995; Am. Ord. 2012-20, passed 7-10-2012)