Ordinance No. 14-2

AN ORDINANCE TO PROTECT THE PUBLIC SAFETY BY REGULATING THE CARE OF SHADE AND ORNAMENTAL TREES AND THE CUTTING OF GRASS PLOTS ALONG PUBLIC STREETS

Table of Contents

Section 1. Public Works Director to Control Trees.

The Public Works Director shall have, under the direction of the City Council, control and supervision over all trees bordering or overhanging all public streets, alleys, and highways, and all grass plots bordering public streets, alleys, and highways. The word “tree” as used herein shall be deemed to include shrubs.

Section 2. Public Works Director May Order Work Done.

Whenever the Public Works Director shall find that any tree located as aforesaid needs trimming, removal, treatment, or other care in order to preserve the same in good condition or to protect the public from damage or injury, he shall, upon direction of the City Council, see that the necessary work is done. He shall keep an account of the cost of such work.

Section 3. Permit Necessary to Remove and Trim Trees.

No person shall trim, cut, or remove any tree which is under the supervision of the Public Works Director, or any part thereof, without first procuring from the Council a permit do so, or shall exceed the authority conferred by such a permit.

Section 4. Authority of Public Works Director and Council to Issue Permits.

Any person desiring a permit as required in Section 3 hereof shall make application therefor to the Public Works Director. If in the opinion of the Public Works Director the trimming or removal of trees mentioned in the said application is in the best interest of the City, he shall so advise the Council, which may authorize him to issue said permit, indicating with reasonable certainty the extent of the authority thereby conferred. If he disapproves the issuance of such permit, the applicant therefor may appeal from his disapproval to the Council, whose action thereon shall be final.

Section 5. Permits to Plant Trees in Public Ground.

Any person desiring to plant any tree or trees in any public ground shall make application to the Public Works Director for a permit to do so. If he approves the location and kind of tree(s), he shall issue the permit. If he does not to approve such application, the applicant may appeal from his disapproval to the Council, whose action shall be final.

Section 6. Trees Menacing Public Safety to Be Reported.

Every property owner whose property abuts on a public street shall notify the Public Works Director at once when the condition of any tree thereon or in the grass plot adjacent thereto is in such condition as to be a menace to public safety. Any tree whose branches are closer than 8 feet above the surface of any street is hereby declared to be a menace to public safety. If 90 a tree becomes a menace to public safety, the Council shall notify the owner to remove or trim the same. If said owner fails to do so within 30 days, the Council shall order the required work done. The costs of such removal shall be assessed against the abutting property.

Section 7. Duty of Property Owners to Cut Grass and Weeds.

Every owner of platted property abutting on any platted public street or alley shall cause the grass and weeds to be cut from the line of such property nearest to such street or alley to the center of such street or alley. If the grass or weeds in such a place are 12 inches or more in height, it shall be prima facie evidence of a violation of this section.

Section 8. Public Works Director May Order Work Done; Grass and Weeds.

The Public Works Director shall cut and destroy all grass and weeds growing within the platted limits of any public street or alley when the same are not cut by the property owners as required by Section 7 hereof. He shall, likewise, keep an accurate account of the cost of such cutting opposite each lot and certify the same to the Council, to be specially assessed against the abutting property.