Article 3. Trees and Shrubs

13-301.      Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Community forest means all street and park trees as a total resource.

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.

Street trees means trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or public ways within the city.

Tree size.

(1)   Large trees are those trees attaining a height of 60 feet or more.

(2)   Medium trees are those attaining a height of between 20 feet and 40 feet.

(3)   Small trees are those attaining a normal maximum height of 20 feet.

13-302.      Tree spacing.

The recommended spacing of trees shall be in accordance with the three tree size classifications listed in this article. The city council may from time to time promulgate written standards to be kept on file in the office of the city clerk for minimum and maximum distances within which trees can be planted in proximity to other trees and structures; and standards to be subject to the review of the city council. No trees should be planted closer to any curb or sidewalk than the following:

(1)   Small trees, two feet;

(2)   Medium trees, three feet; and

(3)   Large trees, four feet.

13-303.      Street trees; list.

A list of street tree species, which shall consist of small, medium and large trees, shall be established from time to time by the city council, and a copy of the current list shall be maintained in the office of the city clerk and copies of the list shall be provided without charge to persons requesting the same.

13-304.      Tree planting procedure.

(a)   Tree planting on any right-of-way should follow the suggested guidelines for the planting, pruning and care of trees in public places.

(b)   Suggested guidelines for trees planted in public places are:

(1)   Trees should not be less than one inch in diameter of trunk one foot above the ground.

(2)   All trees from one to three inches in diameter of truck one foot above the ground should be protected and supported by tree guards.

(3)   No tree shall be placed so as to cause a traffic hazard.

(4)   Generally all large trees should be planted 40 to 60 feet on center. All medium-sized trees should be planted a minimum of 25 feet on center.

(c)   Whenever any tree is planted or set out in conflict with the suggested guidelines of this section, the city representative may work with the landowner to resolve the conflict, which may include removal of the tree.

13-305.      Distance from curb and sidewalk.

The distance trees should be planted from curbs or curb lines and sidewalks will be in accordance with the tree species size classes listed in this article and no trees should be planted closer to any curb or sidewalk than the following:

(1)   Small trees: two feet;

(2)   Medium trees: three feet; and

(3)   Large trees: four feet.

Exceptions may be granted by the city council in its discretion.

13-306.      Distance from street corners and fireplugs.

No street tree should be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree should be planted closer than ten feet of any fireplug.

13-307.      Utilities.

No street trees other than those species listed as small trees in this article may be planted under or within ten 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. Whenever any tree is planted or set out in conflict with the suggested guidelines of this section, it shall be lawful for the city representative to work with the landowner to resolve the conflict, which may include removal of the same.

13-308.      Public tree care.

(a)   With notice to the adjoining land owner, the city shall have the right to plant, prune, maintain and remove trees, plants, shrubs and tree stumps, within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

(b)   The city council can suggest removal of 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. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with this article.

13-309.      Tree topping.

It shall not be a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. The term “topping” means 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, where other pruning practices are impractical may be exempted from this section at the determination of the city council.

13-310.      Pruning; corner clearance.

Every owner of any tree overhanging any street or right-of-way within the city should prune the branches so that such branches do 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 eight feet above the surface of the street or sidewalk. The owners should remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. After a written notice to the property owner, the city shall have the right to prune any tree or shrub on private property when it interferes with the disbursement of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

13-311.      Review by city council; appeal of tree board decision to city council.

The city council shall have the right to review any and all conduct, acts and decisions of the city tree board. Any person may appeal any ruling or order of the city tree board to the city council who shall hear the matter and make a final decision thereupon.