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<br />A landmark tree shall be any tree, public or private, that has been designated as such by the
<br />city council, after public hearing and due notice to the owner of the tree. The criteria of such
<br />designation shall include, but not necessarily be limited to, notable historical interest and value to
<br />the city because of its location or historical association with the community.
<br />(Code 1978, § 9.24.02; Ord. No. 03-33, 9-15-2003)
<br />Sec. 117-326. - Public trees.
<br />(a) Authority. The city shall have the right, but does not have the obligation, to plant, prune,
<br />maintain and remove trees, plants and shrubs within the public right-of-way of all streets,
<br />alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public
<br />safety or to preserve or enhance the symmetry and beauty of such public grounds.
<br />(b) Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be
<br />removed by anyone, including adjacent landowners or agents of any landowner, from any
<br />city -owned land, greenways or access corridors from greenways without the permission of
<br />the city.
<br />(c) Storage upon public land. No person shall deposit, place, store, or maintain upon any public
<br />place of the municipality, any stone, brick, sand, concrete, vehicles, equipment, toxins,
<br />animals, tree carving, or other materials which may impede the free passage of water, air, or
<br />fertilizer to the roots of any tree growing therein, except by written permit of the
<br />environmental specialist.
<br />(d) Signage. It shall be unlawful for any person, firm, or public utility to attach any sign,
<br />advertisement, political endorsement or notice to any public tree.
<br />(e) Operation of equipment.
<br />(1) All maintenance equipment, implements, machines and tools shall be used or
<br />operated in such a manner as not to damage or destroy any tree, shrub or plant in any
<br />public right-of-way or park.
<br />(2) During the erection, repair, alteration or removal of any building, house or structure, in
<br />the city, any person, firm, or corporation in charge of such work shall protect any tree
<br />in any public place within the city in the vicinity of such building or structure with
<br />sufficient guards or protectors to prevent injury to such tree.
<br />(f) Notifying adjacent property owners of maintenance work. An attempt may be made to inform
<br />adjacent property owners of maintenance work on trees and landscaping along boulevards,
<br />city property, and easements. This notification will be left with direct and adjacent property
<br />owners. Suitable precautions shall be taken to protect and warn the public that spraying is
<br />being done to public trees. Spraying will be done only if following an integrated pest
<br />management plan as exemplified under such topic within the state department of agriculture.
<br />(g) Adjacent landowners' limited responsibility. Trees planted along city property lines will be
<br />watered by those property owners adjacent to said trees. No one other than city employees
<br />or their designee may trim, prune, or remove public trees.
<br />(Code 1978, § 9.24.03; Ord. No. 03-33, 9-15-2003)
<br />Sec. 117-327. - Private trees in new development areas.
<br />(a) Requirements for a tree preservation plan. Prior to any development, land clearing, filling, or
<br />any other land alteration, as described in subsection (b) of this section, a tree preservation
<br />plan shall be submitted to and approved by the city. The developer shall be required to erect
<br />suitable protective barriers around all trees to be preserved and these protective structures,
<br />http://library.municode. com/print. aspx?h=&clientlD=14286&HTMRequest=http%3 a%2f... 12/3/2012
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