(a)　　　Trees overhanging street and sidewalk pavement.　

(1)　　　Any tree, shrub or tree limbs, which are growing at a height less than required by this article, may be declared a public nuisance.

(2)　　　It shall be unlawful for any person owning or having supervision or control of any real property within the corporate limits of the city, to permit or allow a tree, shrub or tree limb to grow upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, between the property line and the edge of the street, if any portion of the tree, shrub or tree limb is growing at a height less than 14 feet above the pavement of the roadway, or seven feet above the pavement of the sidewalk.

(3)　　　A tree, shrub or tree limb shall be deemed to interfere with or cause an obstruction to motorists or pedestrians if it obscures the motorists' or pedestrians' view of any street intersection, sign or traffic control device or if it otherwise causes or creates a hazard that could reasonably cause property damage or personal injury.

(4)　　　In the event that any person fails or refuses to comply with the provisions of this article, the city shall give ten days written notice of the violation to the property owner prior to abating the violation. For purposes of this article, the property owner shall be the name according to the most recent official tax rolls.

(5)　　　If such person fails or refuses to comply with the provisions of this article within ten days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this article. The specifications in this article shall allow the city to remove a shrub, branch or tree if, after careful determination by the city, it is deemed to be an eminent threat to public safety. Taking into consideration the desire of our citizens to maintain the beauty of our tree canopied streets, limb trimming will be kept to the minimum required in order to preserve safety of vehicular travel.

(b)　　　Trees obscuring view in parkway visibility triangle.　

(1)　　　Trees, shrubs or tree limbs which interfere with, or cause an obstruction to motorists or pedestrians by obscuring the view within the parkway visibility triangle as illustrated on the attached Exhibit "A", or the view of a traffic control device shall be hereby declared a public nuisance. For purposes of this ordinance, the viewing area shall be the area between 30 inches and seven feet above the ground.

(2)　　　In the event that a tree, shrub or tree limb is determined to be in violation of this article, the city shall give ten days written notice to the abutting property owner prior to abating the violation. The specifications in this article shall allow the city to remove a shrub, branch or tree if after careful determination by the city (or its designated committee) it is deemed to be an eminent threat to public safety.

(3)　　　If such person fails or refuses to comply with the provisions of this article within ten days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this article.

(4)　　　No live tree, which exceeds three inches in diameter, measured at 48" above the ground, shall be removed unless authorized, after review, by a committee composed of the public services director, the chief of police and the fire chief, and their decision shall be final.

(Ord. No. O-99-1200, §§ 1, 2, 1-18-00)

Secs. 86-52--86-60. Reserved.

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*Cross references:　 Regulating weeds, grass and uncultivated plants, § 42-31.　

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[The species are listed by size classes as follows:]

Accent Trees (Range from 10 to 20 feet)　

TABLE INSET:

Overstory Trees (Range from 30 to 60 feet)　

TABLE INSET:

(Ord. No. O-98-1130, § 7, 12-15-98)

The spacing of street trees will be in accordance with the three [two] species size classes listed in section 99-51 of this chapter, and no trees may be planted closer together than the following (without approval of the tree board): Accent trees, 20 feet and overstory trees, 40 feet.

(Ord. No. O-98-1130, § 8, 12-15-98)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the two species size classes listed in section 99-51 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following: Small trees, three feet; medium trees, five feet; and large trees, nine feet in accordance with existing city ordinances.

(Ord. No. O-98-1130, § 9, 12-15-98)

No tree shall be planted closer than 25 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet of any fireplug.

(Ord. No. O-98-1130, § 10, 12-15-98)

No street trees other than those species listed as small trees in section 99-51 of this chapter 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.

(Ord. No. O-98-1130, § 11, 12-15-98)

The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is located on public property or municipal utility easement, which by reasons 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.

(Ord. No. O-98-1130, § 12, 12-15-98)

Every owner of any tree overhanging any street or rights-of-way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street in an intersection and so that there shall be a clear space of seven feet above the surface of the street or right-of-way. The city shall have the right to trim any tree or shrub on private property when it interferes with visibility of any traffic control device or sign. Such trimming is to be confined to the area immediately above the right-of-way.

(Ord. No. O-98-1130, § 13, 12-15-98)

[The following words, terms and phrases, as used in this chapter, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:]

Street trees　 is herein defined as trees, shrubs, bushes, and all other wood vegetation on land lying between the curb, pavement line and the property lines of either side of all streets, avenues or ways within the city.　

Park trees　 is herein defined as 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.　

(Ord. No. O-98-1130, § 1, 12-15-98)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction or a plea of guilty, shall be subject to a fine in an amount not to exceed $2,000.00 for each offense.

(Ord. No. O-98-1130, § 2, 12-15-98)