Chapter 8 — COMMUNITY TREE MANAGEMENT

7801. • Purpose.

To enhance the quality of life, and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the city council herein delegates the authority and responsibility for managing trees on public property, establishes practices governing the planting and care of trees on public property, and makes provision for the removal of trees under certain conditions.

(Ord. No. 24-476, § 1, 3-13-2024)

7802. • Definitions.

As used in this article, the following words and phrases shall have the meanings indicated:

Damage means any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.

Director means the director of public works/city engineer and/or their designee.

Nuisance means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.

Parkway means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

Public property means all grounds and rights-of-way (ROWs) owned or maintained by the city.

Public tree means any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.

Top means the non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

(Ord. No. 24-476, § 1, 3-13-2024)

7803. • Authority and power.

(a)

Delegation of authority and responsibility. The director shall have full authority and responsibility to regulate and conduct the planting, pruning, maintenance and removal of trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. With the exception of any protected tree, as defined in section 9657, this shall include the emergency removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease, on publicly owned properties.

(b)

Coordination among city departments. All city departments will coordinate as necessary with the director and will provide services as required to ensure compliance with this ordinance as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the director.

(c)

Interference. No person shall hinder, prevent, delay, or interfere with the director or his or her agents while engaged in carrying out the execution or enforcement of this ordinance.

(Ord. No. 24-476, § 1, 3-13-2024; Ord. No. 25-482, § 10, 12-10-2025)

7804. • Duties of authorized department.

The city council hereby delegates tree care decisions, with the exception of decisions related to any protected tree, as defined in Section 9657, to the public works department, hereinafter referred to as the "PW department." The director shall continue to make protected tree determinations consistent with section 9657 of this Code.

(a)

Duties. The PW department shall:

(1)

Coordinate and promote Arbor Day activities;

(2)

Support public awareness and education programs relating to trees;

(3)

Review city department concerns relating to tree planting, care and removal;

(4)

Assist with the initial application and any subsequent renewal or recertification applications to maintain the city's Tree City USA designation;

(5)

Maintain a list of tree species for planting on city property; and

(6)

Other duties that may be assigned by city council.

(Ord. No. 24-476, § 1, 3-13-2024; Ord. No. 25-482, § 11, 12-10-2025)

7805. • Prohibition against harming public trees.

(a)

It shall be unlawful for any person, firm, partnership, association, corporation or joint venture to damage, remove, or cause the damage or removal of a tree on public property without prior written permission from the director.

(b)

It shall be unlawful for any person, firm, partnership, association, corporation or joint venture to attach any cable, wire, sign, or any other object to any public tree without prior written permission from the Director.

(c)

It shall be unlawful for any person, firm, partnership, association, corporation or joint venture to "top" any public tree. Trees severely damaged by storms, fires or other causes, where best pruning practices are impractical, may be exempted from this provision at the determination of the director.

(d)

Any person, firm, partnership, association, corporation, joint venture or city department performing construction near any public tree(s) shall, prior to the commencement of construction, consult with the director and shall employ appropriate measures to protect the tree(s), according to procedures contained in the American National Standards Institute (ANSI) A300 Tree Care standards, as may be amended from time to time.

(Ord. No. 24-476, § 1, 3-13-2024)