Sec. 40.3-1. - General.

The city council hereby finds and determines that damage to city trees, shrubs and other landscape plants and vegetation on city properties and rights-of-way is a matter that affects the public health, safety and welfare. The city council, therefore, concludes that regulations affecting activities that result in such damage are necessary and appropriate.

(Ord. No. 5679-01, § 1)

Sec. 40.3-2. - Definitions.

As used in this chapter, the following definitions shall apply, unless the context otherwise dictates:

(1)

Director shall mean the director of parks and recreation or his designee.

(2)

Person shall include any individual except for city employees engaged in the performance of their duties or persons working by lawful authority for the city.

(Ord. No. 5679-01, § 1)

Sec. 40-3.3. - Pruning, removing, damaging, etc., generally.

(a)

No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree, shrub, landscape planting or other vegetation located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree, shrub, landscape planting or other vegetation; provided, however, that permits for the activities listed in this subsection affecting any tree, shrub, landscape planting or other vegetation located within city rights-of-way shall be issued by the department of engineering after review and recommendation by the director.

(b)

No person shall, without a permit from the director, injure, disturb, misuse or remove any device placed to protect any tree, shrub, landscape planting or other vegetation located on city property; provided, however that permits for the activities listed in this subsection affecting any tree, shrub, landscape planting or other vegetation located within city rights-of-way shall be issued by the department of engineering after review and recommendation by the director.

(c)

The provisions of this section shall not apply to any cutting or trimming of grasses upon city rights-of-way by the owner of property adjacent to such right-of-way.

(Ord. No. 5679-01, § 1)

Sec. 40.3-4. - Trimming by utility companies.

No electric light company, telephone company, telegraph company, cable television company or other entity authorized to occupy city property shall trim any tree, shrub, landscape planting or other vegetation located on city property without a permit from the director.

(Ord. No. 5679-01, § 1)

Sec. 40.3-5. - Unauthorized attachments.

No person shall, without a permit from the director, attach or keep attached a sign, rope, wire, or any other device to a tree, shrub, landscape planting or other vegetation located on city property, or to the guard or stake intended for the protection of such tree, shrub, landscape planting or other vegetation.

(Ord. No. 5679-01, § 1)

Sec. 40.3-6. - Impeding entrance of air and water to roots.

No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree, shrub, landscape planting or other vegetation on city property. An open space of ground shall be maintained outside the trunk of any such tree, shrub, landscape planting or other vegetation. Such open space shall not be less than four (4) square feet in area.

(Ord. No. 5679-01, § 1)

Sec. 40.3-7. - Conflict with local ordinances, statutes or regulations.

Whenever the regulations of this chapter establish a requirement that is more stringent than a similar requirement contained in any other local ordinance, statute or regulation, the regulations of this chapter shall govern. Whenever the provisions of any other local ordinance, statute or regulation establish a requirement that is more stringent than a similar requirement contained in this chapter, the regulations of such ordinance, statute or regulation shall govern.

(Ord. No. 5679-01, § 1)

Sec. 40.3-8. - Violations.

(a)

Violations of this chapter shall constitute Class 1 misdemeanors.

(b)

If any person shall commit any of the acts prohibited herein upon more than one (1) tree, shrub, landscape planting or other vegetation, a separate violation of this chapter shall be deemed to have occurred with respect to each such tree, shrub, landscape planting or other vegetation.

(Ord. No. 5679-01, § 1)