§ 6-199. Same—Responsibility for maintenance.

(a)

It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city to keep and maintain the trees in the area contained in the parkway adjacent to the property line, municipal easements contained on the property in such a manner that the branches and roots do not interfere with pedestrian travel, vehicular line of sight and travel or the provision of services.

(b)

Trees shall be trimmed so as to avoid causing a hazard to public places and obstructing traffic control signage. The allowable overhang shall not be less than seven feet above sidewalks, 14 feet above the street surface, and 14 feet above alley surface.

(c)

If, in the course of general maintenance and repair of municipal infrastructure or the installation of capital improvements the removal or destruction of trees, shrubs and/or any other landscaping in the parkway is caused, the city has no responsibility to replace, repair or reconstruct trees, shrubs or any other landscaping in the parkway.

(d)

The city shall make every reasonable effort to preserve and protect trees within parkways during the course of the city's normal activities; however on the date this section goes into effect, no new trees or replacement of any existing trees will be permitted within the parkway.

(e)

The city may cause the removal of trees on private property or located in the parkway that are determined to be a hazard to the general safety, health and welfare of the public at the property owner's expense, as outlined in this article.

(f)

It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city to keep and maintain the trees, shrubs and other plants in such a manner that the branches shall not be located within five feet of a street light fixture, and that the branches shall not obstruct a city street light fixture for illuminating a city street, alley or sidewalk.

(g)

The city shall have authority at any time to cut, trim, prune, spray or remove any tree(s), shrub(s), or other plant(s) within the lines of streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety.

(Ord. No. 2010-1871, § 3, 10-5-2010; Ord. No. 2011-1878, § 4, 1-4-2011)