(A) Planting trees in public place. No trees or shrubs shall be planted in, or removed from, any public parking strip or other public place in the city without permission from the City Manager or his duly authorized representative.

(B) Street tree plans.

(1) All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location to the street tree plan for the public place, street, or portion thereof.

(2) Street tree plans for streets or public places within the city shall be adopted by resolution of the City Council. These plans shall consist of maps of streets, blocks, or portions of streets and public places where the planting is permitted and shall by appropriate legends and symbols specify the species and location of the trees and shrubs which may be planted along each street or block or portion thereof or public place shown by the map thereof.

(3) In formulating and adopting street tree plans, the public safety in the use of streets, sidewalks, and public places, the protection and preservation of public improvements, and the beautification of public places shall be taken into consideration by the following means:

(a) Species of trees and shrubs shall be chosen with due regard to their size, appearance, rate, and manner of growth and other characteristics and to the size, nature, and construction and traffic volume on the street or other public place involved; and

(b) Regulations regarding location and setback of trees permitted in public parking strips and other public places shall be adopted with due regard to traffic visibility, utility lien clearance, and relative location of public paving and other facilities.

(C) Certain trees prohibited. No person shall plant in any public parking strip the following trees: poplar, Russian olive, Chinese elm, cottonwood, and certain locust. No person shall plant willow, cottonwood, or poplar trees anywhere in the city unless the City Manager or his duly authorized representative approves the site as one where the tree roots will not interfere with a public sewer.

(D) Trimming and pruning of trees. The City Manager or his duly authorized representative may cause to be trimmed, pruned, or removed any trees, shrubs, plants, or vegetation in any parking strip or other public place, or may require any property owner to trim, prune, or remove any trees, shrubs, plants, or vegetation in a parking strip abutting upon the owner's property; and failure to comply therewith, after 30 days' notice by the Finance Director/Recorder, shall be deemed a violation of this section.

(E) Trimming or removal of overhanging trees. If any tree or shrub, or part thereof, overhangs any public street or alley or sidewalk at a height of less than 14 feet above the street or alley surface or less than ten feet above the sidewalk or in any other way endangers or is likely to endanger the security or usefulness of any public street, sewer, or sidewalk, the same is hereby declared to be a public nuisance and may be abated as provided in §92.14.

(F) Right to appeal. Appeals from orders made under sections on trimming, pruning or removal may be made to the City Council.

(G) Damage to trees in public place prohibited. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or in any other public place, or 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 cause or permit any wire charged with electricity to come into contract with any tree, or allow any gaseous, liquid, or solid substance which is harmful to trees to come in contact with their roots or leaves.

(Ord. 696, passed 4-26-71) Penalty, see §94.99