The provisions of this chapter shall be known as the URBAN FORESTRY ORDINANCE of the city (Ord. 341, 9-10-1996)

Trees and shrubs planted along city streets, in public parks and on private property provide a variety of benefits to people and to the environment. By providing shade and reducing glare from pavement, sidewalks and buildings, trees and shrubs aid in energy savings. A city's trees help to maintain windbreak protection, abate soil erosion, muffle noise and, if in good condition, can increase property values. The purpose of this chapter is to preserve, protect, maintain and enlarge the urban forest of the city to thereby enhance the natural beauty of the city. (Ord. 341, 9-10-1996)

APPLICANT: A person who is applying for a license or permit required under this chapter.

BOLE: The trunk of a tree.

CONTROLLER: The owner of private real property that abuts a right of way upon which a public tree or shrub is located.

CUTTING BACK: See definition of "drop crotch pruning".

DISEASED TREE: A tree or part thereof which has become blighted, defaced or has acquired a disease.

DROP CROTCH PRUNING: The reduction of tops, sides, under branches or individual tree limbs to be undertaken as specified in national arborist standards.

PARK TREES: All public trees in public parks and in all areas owned by the city or to which the public has free access, but excluding those trees in the public right of way.

PERSON: An individual, firm, partnership, joint venture, association, nonprofit organization, corporation, estate, trust, receiver, city, county, special district or any other group or combination acting as an entity, except that it shall not include the city of Harrison.

PRIVATE TREE: A tree that is not a public tree.

PRUNING: The removal of branches over one inch (1") in diameter.

PUBLIC RIGHT OF WAY: A portion of property reserved for public use, and accepted for such by the city council, to provide circulation and travel to abutting properties, including, but not limited to, streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes and open public space.

PUBLIC TREE OR SHRUB: A tree or shrub that is situated in such a manner so that fifty one percent (51%) or more of the tree trunk or shrub base at ground level is on public property or public right of way.

ROOT CONTROL PLANTER: A root barrier which completely surrounds the roots on all sides while leaving the top and bottom open and which functions to direct root growth in a downward direction.

SHRUB: A multiple stemmed, woody plant which is usually bushy in appearance and which does not exceed fifteen feet (15') in height at maturity.

STREET: That portion of public right of way which is improved, maintained and intended for use by vehicles to provide traffic circulation, primary access to abutting properties and parking. This definition includes all of the area typically located between curbs.

STREET TREES: All public trees located within the public right of way.

TOPPING: The severe cutting back of limbs within a tree's crown to such a degree that only shrubs remain, or the removal of the top part ( trunk and limbs) of a conifer tree, thereby removing the normal canopy.

TREE: A woody perennial plant having one main stem or trunk and many branches. It usually exceeds fifteen feet (15') in height at maturity.

TREE LAWN: That portion of the public right of way lying between the curb and private property lines which is generally unpaved and planted with grass or other vegetation.

TREE STANDARDS: A set of specifications concerning the care and maintenance of trees published by the National Arborist Association as adopted by resolution of the city council.

URBAN FORESTRY COMMITTEE: An advisory committee appointed by the mayor to assist the city in the management of its urban forest. (Ord. 341, 9-10-1996)

This chapter shall apply to any public trees and all trees and shrubs located in the public right of way, in public parks, and on other city property as well as those trees and shrubs located on public and private property that have been declared to be a public nuisance, pursuant to the provisions of subsection 9-7-12A2 of this chapter. (Ord. 341, 9-10-1996)

The city, or its designee, shall be charged with the enforcement of this chapter. (Ord. 341, 9-10-1996)

   A.   Public Responsibility: The city shall be responsible for the following:

      1.   Care and maintenance of park trees and shrubs;

      2.   Removal of dead, diseased or hazardous park trees and shrubs;

      3.   Systematic planting of new and replacement park trees and shrubs;

      4.   Spraying of park trees and shrubs to control insects or disease.

   B.   Private Responsibility: Every controller shall be responsible for the following:

      1.   Meeting all the requirements and obtaining written approval from the city for work done on public trees as described in this chapter;

      2.   Care and maintenance of public trees and shrubs located on the right of way adjacent to the private real property owned by the controller;

      3.   Removal and replacement of public trees or removal of those portions of public trees declared to be a public nuisance which are located on the right of way adjacent to the private real property owned by the controller; (Ord. 341, 9-10-1996)

      4.   Trimming or pruning of public trees and shrubs located on the right of way adjacent to the private real property owned by the controller. Branches of mature trees that overhang sidewalks must be trimmed to provide clearances over streets as provided in section 6-1-6 of this code. (Ord. 341, 9-10-1996; amd. 2004 Code)

      5.   Spraying of public trees and shrubs located on the right of way adjacent to the private real property owned by the controller, when necessary, to control insects or disease;

      6.   Spraying of private trees and shrubs on the private real property owned by the controller, when necessary, to control insects or disease;

      7.   Repairing damage done to the street, sidewalk or curb by the roots of any private trees or shrubs, or public trees and shrubs located adjacent to the private real property owned by the controller;

      8.   Removal of private trees and shrubs located on the private real property owned by the controller that have been declared to be a public nuisance;

      9.   Removal and replacement of public trees located in the right of way adjacent to the private real property owned by the controller which have been topped or improperly pruned. (Ord. 341, 9-10-1996)

   A.   Application: Application for a pruning, planting, topping, drop crotch pruning or removal permit shall be made on a form supplied by the city, and shall be submitted to the city for approval or denial based on the following criteria:

      1.   The size or species of the tree or shrub is appropriate for the location;

      2.   The condition of the tree or shrub creates a public hazard;

      3.   The tree or shrub creates a sight obstruction;

      4.   The condition of the street, curb or sidewalk adjacent to the tree or shrub;

      5.   The tree or shrub interferes with utilities;

      6.   Written permission to top or drop crotch prune any public tree or shrub shall not be approved unless the city has recommended such action because:

         a.   The tree or shrub is severely damaged by storms or other causes; or

         b.   The tree or shrub is located under primary utility lines or other obstruction; or

         c.   The tree or shrub creates a hazard; or

         d.   In cases where other pruning practices are impractical.

   If written permission is denied, the applicant may appeal to the city council.

   B.   Terms: A permit for the planting, pruning or removal of any public tree or shrub shall be valid for sixty (60) days from the date of issuance. (Ord. 341, 9-10-1996)

   A.   Required: Whenever a public tree or shrub is removed, a replacement tree or shrub shall be required.

   B.   Selection: Selection of required replacement trees shall be based upon the following guidelines:

      1.   Trees shall be of a species appropriate to existing conditions at the planting site;

      2.   Special consideration shall be given to the planting of tree species native to the area;

      3.   A variety of species shall be recommended so that no single species shall exceed ten percent (10%) of the total tree population in the city; and

   A.   Standards: The care and maintenance of public trees and shrubs shall be governed by the standards developed by the National Arborist Association.

   B.   Clearing Debris: The person working on public trees is responsible for removing all debris from the streets and sidewalks by sunset of the day on which the work is done.

   C.   Spacing:

      1.   The spacing of public trees located in the street right of way shall be in accordance with the three (3) species size classes as established by the city. No trees except trees planted in special plantings designated or approved by the city shall be planted closer together than the following:

 

 

   D.   Distance From Curb And Sidewalk:

      1.   The distance trees may be planted from curbs and sidewalks shall be in accordance with the three (3) species size classes established by resolution of the city council, and no trees other than the exceptions listed in subsections D2 and D3 of this section may be planted closer to any curb or sidewalk than the following:

 

 

      3.   The curb and sidewalk spacing requirements may be reduced by the city when the controller agrees to install root control barriers between the proposed tree planting location and the adjacent curbs and sidewalks.

   E.   Distance From Streetlights: The distance trees may be planted from streetlights shall be in accordance with the three (3) species sizes classes established, and no tree may be planted closer to any street light than the following:

 

 

   G.   Stump Removal: When any public tree is removed, the stumps and roots shall be cut back to a point flush with the ground level surrounding the stump.

   H.   Root Barriers Required: Root barriers shall be required in the following cases:

      1.   The installation of curbs, sidewalks or streets less than two feet (2') from an existing tree;

      2.   During repair of a curb, sidewalk or street that has been damaged or upheaval by roots of a tree or shrub, when such tree or shrub is not removed. (Ord. 341, 9-10-1996)

All trees planted in public right of way in commercial zoning districts shall meet the following specifications:

   A.   Trees must be planted below grade level in accordance with the standards developed by the National Arborist Association;

   A.   Damage Or Destruction: It is unlawful for any person to wilfully damage, mutilate or destroy any public tree or shrub.

   B.   Obstructions:

   A.   Nuisances Declared:

      1.   No controller shall permit a public nuisance to exist as herein defined and found to exist by the city.

      2.   All trees dead, broken, dangerous or diseased, or that part of a tree which constitutes a hazard, or that part of the roots of any tree or shrub which interferes with or causes the surface of the street, curb or sidewalk in public right of way to be upheaved or otherwise disturbed, or any tree or shrub that has an infestation of pests, insects or eggs or larvae which may spread or the continued existence thereof, constitutes a serious hazard, or any tree or shrub or part thereof, whether public or private, which so overhang the public right of way or are growing thereon in such a manner as to obstruct or impair the free and full use of the right of way, or which constitute a sight hazard are declared to be a public nuisance.

   B.   Abatement:

      1.   Notice To Exterminate: If it is determined by the city that a public nuisance as defined in this chapter exists, the parks director shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Abate Nuisance", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same, shall direct the abatement of the nuisance, shall specify the penalty provisions as provided in this chapter, and shall specify the appeal process as provided in this chapter.

      2.   Abatement Notice; Service: The notice required by this chapter may be served in the following manner:

         a.   By personal service on the controller of the premises; and/or

         b.   By registered mail to the controller of said premises; or

         c.   If said controller does not live within the city, by registered mail to the controller at the address shown on the last available assessment roll or as otherwise known, and by personal service on the occupant of the property if such person can be identified.

      3.   Appeal: Within thirty (30) days from the date of posting, mailing or personal service of the required notice of area affected, the controller may appeal to the city council. Such appeal shall be in writing and filed with the city clerk. At the regular meeting of the city council, the city council shall proceed to hear and pass upon such appeal, and the decision of the city council thereon shall be final and conclusive.

      4.   Abatement Required; Time Limit: It shall be the duty of the controller of any lot, place or area in the city which has been declared a public nuisance as provided in this chapter, within thirty (30) days from the date of notification, as provided in this chapter, or in the case of an appeal to the city council, within thirty (30) days from the determination thereof unless the same is sustained, to remove the public nuisance as required.

      5.   Failure To Abate; Legal Action: Upon the failure, neglect or refusal of any controller so notified to remove the public nuisance as defined in this section within the time specified, the city or its designee, as provided in this chapter, shall notify the city attorney in writing of the last known legal owner and property description in general terms, and the city attorney shall cause legal action to be undertaken.

      6.   Abatement By City; Costs: At the city council's direction, upon the failure or refusal of any controller so notified to remove the public nuisance as herein defined within the time specified, the city shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the city council which shall cause the same to be paid and levy a special assessment against the property. (Ord. 341, 9-10-1996)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in the general penalty in section 1-3-1 of this code. (Ord. 341, 9-10-1996; amd. 2004 Code)