Unless authorized by a written permit issued by the city:

(1)　　　No person shall damage, top, cut, carve, transplant, or remove any tree on public property; allow any gas, liquid, or solid substance which is harmful to such trees to come in contact with them; set fire or permit any fire to burn which may injure any portion of any such tree.

(2)　　　Upon the discovery of any destructive or communicable disease, or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations. The Urban Forestry Board shall at once, cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove, or otherwise control such condition within a reasonable time to be specified in such notice.

(3)　　　A person damaging a tree on public property shall be liable to the city for any loss of value. In the event that damage is so pervasive as to result in the treatment or removal of the tree, the person damaging such tree shall be liable for all costs of treatment and/or removal.

(a)　　　This article applies to properties that do not have a final plat approved by the city council. A grading permit from the city is required for removal of any trees. Removal of trees through, including but not limited to, the use of poison, chemicals or by any other acts that affect the health and/or life of the tree is also subject to this article.

(b)　　　Agricultural crop harvesting of planted row crops and hay production are exempt from this article. However, any increase in areas for agricultural use and/or production, by removal of trees, is subject to this article.

(c)　　　The removal of dead trees is exempted from this article. However, a property owner or its designee must receive written approval from the city manager or his designee before removing the dead tree.

(Ord. No. 00-02-25, § 3, 2-15-2000)

(a)　　　Any person, firm, corporation or business entity violating this article, or as amended, or any provision of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding the amount set forth below. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to its pursuant to local, state and federal law. This article is intended to provide for the preservation of groups of trees and/or an individual tree. Each individual tree removed in violation of this article shall constitute a separate offense. Fines shall be based on the following:

(1)　　　Three hundred dollars per caliper inch of each tree as measured four feet, six inches above the grade or soil stain on the damaged or fallen tree.

(2)　　　Fines shall be issued to the property owner as shown on the tax rolls on the date of the violation. The contractor, subcontractor, contracting company, and/or individual committing the violation are also subject to the same fines as the property owner.

(3)　　　Property companies, contracting companies, and/or individuals in violation of this article will be halted on the site where trees have been removed until the city manager and/or his designee have made an assessment.

(Ord. No. 00-02-25, § 4, 2-15-2000)

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:

Base floodplain　 as used herein shall have the same meaning as set forth in the city's Subdivision Regulation Ordinance No. 94-08-19, as it exists or may be amended.　

Floodway　 as used herein shall mean the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than a designed height. Floodway refers to the floodway resulting from a 100-year flood event based on ultimate development conditions.　

Landscaping　 as used herein shall have the same meaning as set forth in the city's Zoning Ordinance No. 00-11-01, as it exists or may be amended.　

Major creeks　 as used herein shall have the same meaning as set forth in the city's Subdivision Regulation Ordinance No. 94-08-19, as it exists or may be amended.　

Tree or trees　 as used herein shall have the same meaning as set forth in the city's Zoning Ordinance No. 00-11-01, as it exists or may be amended.　

Vegetation　 shall mean plant material except, landscaping and agricultural production of row crops and hay production intended for livestock consumption.　

(Ord. No. 01-03-25, § 4, 3-20-2001)

(a)　　　Removal of tree and/or other vegetation by, including but not limited to, the use of poison, chemicals or by any other acts that affect the health and/or life of the tree and/or other vegetation is subject to this article.

(b)　　　A grading permit or letter of approval from the city manager, or his designee, is required for removal of any trees and/or other vegetation in the base floodplain and/or floodway (the "permit/letter").

(Ord. No. 01-03-25, § 5, 3-20-2001)

(a)　　　A permit/letter shall be required to remove any tree and/or other vegetation, except that the city manager, or his designee, must authorize, in writing, removal of any tree and/or other vegetation provided the tree and/or other vegetation:

(1)　　　Is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety;

(2)　　　Hinders or obstructs the construction, maintenance, repair and/or replacement of the city's streets, water and sewer lines and drainage and storm sewer;

(3)　　　Is located in any right-of-way and/or easement dedicated to and accepted by the city;

(4)　　　Hinders or obstructs the construction, repair, maintenance and/or replacement of public improvement projects including, but not limited to, major collection lines for sanitary sewer, distribution lines for water, collection and management of storm water runoff and thoroughfares pursuant to the city's capital improvement project, water and sanitary distribution line maps and/or thoroughfare plan; or

(5)　　　Is damaged or killed by a tornado, ice or wind storm, flooding or other acts of nature.

(b)　　　Agricultural crop harvesting of planting row crops, hay production and grazing of livestock are excepted from this article. However, any property that is increased and/or expanded, after the effective date of the ordinance from which this article is derived, for agricultural use and/or production, by removal of tree and/or vegetation, is subject to this article.

(c)　　　Landscaping is also excepted from this article.

(Ord. No. 01-03-25, § 6, 3-20-2001)

(a)　　　Any person, firm, corporation or business entity violating this article, or as amended, or any provision of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as follows:

(1)　　　Each individual tree removed in violation of this article shall constitute a separate offense. Fines shall be based on the following: $300.00 per caliper inch of each tree as measured four feet, six inches above the grade or soil stain on the damaged or fallen tree.

(2)　　　Each individual 100 square feet, or less, of vegetation removed in violation of this article shall constitute a separate offense. Fines shall be based on the following: $300.00 for each 100 square feet, or less, of vegetation that has been removed.

(b)　　　No fine for any offense committed in violation of this article shall exceed $2,000.00.

(c)　　　The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to its pursuant to local, state and federal law. This article is intended to provide for the preservation of all trees and/or all other vegetation within the floodplain and/or floodway, including but not limited to, major creeks, tributaries and other watercourses that enable the discharge of the base floodplain.

(d)　　　Fines shall be issued to the property owner as shown on the certified tax roll on the date of the violation. The contractor, subcontractor, contracting company, and/or individual committing the violation is also subject to the same fines as the property owner.

(e)　　　Property companies, contracting companies, and/or individuals in violation of this article will be halted on the site where trees and/or other vegetation have been removed until the city manager and/or his designee have made an assessment.

(Ord. No. 01-03-25, § 7, 3-20-2001)

An appeal for relief from the regulation set forth in section 42-159 herein may be made to and shall be considered by the city council. An appeal must be submitted in writing and shall be made within five days from the denial of the permit/letter. The appellant has the burden of proof to establish, by clear and convincing evidence, that the regulation set forth in section 42-159 herein does not meet constitutional guarantees and/or statutory requirements. If the appellant meets its burden of proof, the city council shall have the right to grant relief from the regulation set forth in section 42-159 herein. The decision of the city council is final.

(Ord. No. 01-03-25, § 8, 3-20-2001)

Permission is granted to a right-of-way user, subject to the requirements of the city's tree preservation article, as it exists or may be amended from time to time, to trim trees upon and overhanging the right-of-way, so as to prevent the branches of such trees from coming in contact with a right-of-way user's facilities. When so directed by the city, the tree trimming shall be done under the supervision and direction of the city. The city shall report damage or vandalism to the right-of-way user's facilities as soon as practicable after the city discovers or learns of such event. The right-of-way user shall make the necessary repairs or restoration, including, but not limited to, cleaning of graffiti, as soon as practicable but not to exceed seven days after the right-of-way user discovers or learns of any misuse, destruction, damage or vandalism to its facilities.

(Ord. No. 02-05-65, § 3(2.4), 5-7-2002)