§ 102-40. Private trees.

(a)

Private trees are not regulated by the terms of this article, except for the provisions of this section.

(b)

No person shall plant any box elder, basswood, willow, soft maple, common catalpa, horsechestnut, ash, or tree of heaven on any private property without first obtaining a written permit therefore from the city manager.

(c)

The city shall have the right to cause the removal or proper treatment of trees of any species on private property which harbor insects or disease and which constitute a potential threat to other trees within the city. Provisions for removal shall conform to the procedures recited in article IV of this chapter, sections 102-101 through 102-106 inclusive.

(d)

No tree shall be planted upon private property within ten feet of any fire hydrant or within three feet of the right-of-way line of any street, alley, lane, square or public ground.

(e)

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the view of any intersection and so that there shall be a clear space of 14 feet above the surface of the street and eight feet above the surface of the sidewalk. Such owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public using streets and sidewalks. The city shall have the right to cause the removal of such menace in conformance with the procedures recited in article IV of this chapter, sections 102-101 through 102-106 inclusive. The city shall have the right upon notification, to prune any tree or shrub on private property when it interferes with visibility of any traffic control device or sign.

(Code 1971, § 31-10; Ord. No. 05-351, § 2, 1-4-05)