Fowler Municipal Code Ch. 1 Street Trees

This chapter shall be known as the "Street Tree Law of the City of Fowler".

(§ 1, Ord. 425)

The City Superintendent, or his duly authorized representative, shall be charged with the enforcement of the provisions of this chapter.

(§ 2, Ord. 425, as amended by § 1, Ord. 11-4)

No tree or shrub shall be planted in, or removed from, any public parking strip or other public place in the City without the permission of the City Superintendent or his duly authorized representative.

(§ 3, Ord. 425)

All trees and shrubs planted in any public parking strip or other public place in the City shall conform as to species and location as ordered by the City Superintendent or his duly authorized representative.

(§ 4, Ord. 425, as amended by § 1, Ord. 11-4)

It shall be unlawful to plant any tree in any public parking strip or in any area designated by the City for the planting of trees, except for such species of trees as provided in the City's Standards and Specifications as may be amended from time to time.

(§ 5, Ord. 425, as amended by § 1, Ord. 11-4)

(Ord. No. 2020-01, § 1, 3-17-2020)

Any removal or pruning of any tree in any public parking strip or other public place in the City by anyone shall be done with the written permission of the City Superintendent. The City Superintendent, or his duly authorized representative, may order any property owner or resident of any property to trim, prune, or remove any tree, shrub, plant, or vegetation in any parking strip or other public place, or may require any property owner or resident of any property to trim, prune, or remove any tree, shrub, plant, or vegetation in a parking strip abutting upon the property of such owner or resident, or may require any property owner, following the removal of any tree, to replant, at his cost, trees as specified by the City Superintendent. Failure on the part of any person to comply with the provisions of this section after fifteen (15) days' notice by the City Superintendent shall be deemed a violation of the provisions of this chapter, and the City Superintendent may then replant trees in such space and assess the costs against the property.

(§ 6, Ord. 425, as amended by § 1, Ord. 11-4)

It shall be a violation of the provisions of this chapter to abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or any other public place; or to attach or place any rope or wire, other than one used to support a young or broken tree, sign, poster, handbill, or other thing to or on any tree growing in a public place; or to cause or permit any wire charged with electricity to come in contact with any such tree; or to allow any gaseous, liquid, or solid substance which is harmful to any tree to come in contact with its roots or leaves.

(§ 9, Ord. 425)

Any tree or shrub growing in a public parking strip, public place, or on private property, which tree or shrub is endangering, or which in any way may endanger, the security or usefulness of any public street, sewer, or sidewalk or the full and safe operation of public utility wires, is hereby declared to be a public nuisance. The City may remove or trim such tree, may permit any public utility to do so, or may require the property owner to remove or trim such tree on private property or on a public parking strip abutting upon the property of the owner. The failure of the property owner, or his duly authorized agent, to remove or trim such tree after fifteen (15) days' notice by the City Manager shall be deemed a violation of the provisions of this chapter, and the City Manager may then remove or trim such tree and assess the costs thereof in accordance with the provisions of Title 5, Chapters 22 and 23.

(§ 7, Ord. 425; Ord. No. 2017-03, § 13, 8-15-2017)

Appeals from any directions and orders made pursuant to the provisions of this chapter may be made in accordance with Title 5, Chapters 22 and 23.

(§ 8, Ord. 425; Ord. No. 2017-03, § 13, 8-15-2017)