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According to City Ordinance § 98.004 PUBLIC TREE CARE, item C, it is illegal to remove a tree from public parkways without proper permitting, with fines up to $750 per offense:
(C) It shall be unlawful for any person, contractor, or firm to perform any of the following acts without first obtaining from the Building Department, after approval by the Public Works Superintendent, a permit, for which no fee shall be charged and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on city owned property or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city owned property from watering or fertilizing, without a permit, any tree, shrub or other plant located on such city owned property;
(2) Trim, prune or remove any tree or portions thereof. Specifically, a permit shall be required to be obtained from the city prior to removal of any tree whether located on public or private property;
(3) Place on city owned property, either above or below ground level, a permanent container for trees, shrubs or other plants;
(4) Damage, cut, tap, carve or transplant any tree, shrub or other plant;
(5) Attach any rope, wire, nail, sign, poster or any other human-made object to any tree, shrub or other plant located on city owned property;
(6) Dig a tunnel or trench on city-owned property;
(7) Place, maintain or allow to be placed upon a parkway or median any asphalt, cement, stone, lumber or other substance. In determining whether to grant such a permit, the Public Works Superintendent shall consider the nature of the substance, the quality of the substance, the length of time during which the substance will remain on the parkway or median its effect on trees, shrubs and other plant material on the parkway or median, the purpose of placing or maintaining the substance on the parkway or median and the alternatives that may be available to the applicant; and
(D) Any permitted removal of a tree must be consistent with good forestry practices, that is, with consideration to the species of the tree, location, conditions, age, safety, and the historic and aesthetic value of the tree to be removed. The city may, at the discretion of the Public Works Superintendent, incentive the retention of historic and/or legacy trees on private property.
(Prior Code, § 98.006) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023)
§ 98.064 VIOLATION AND PENALTY.
(A) Any person, contractor, or firm who violates any provision of this chapter or who fails to comply with any written notice issued pursuant to the provisions of this chapter, upon being found guilty of violation, shall be subject to a fine of not less than $100, nor more than $750 for each separate offense.
(B) If, as the result of the violation of any provision of this chapter, the injury, mutilation, or death of a tree on city property is caused, the cost of repair or replacement of such shall be borne by the person, contractor, or firm found in violation thereof. The replacement value of a tree shall be determined in accordance with the latest version of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens, as published by the International Society of Arboriculture, and shall be payable to the city within 30 days of the issuance of a decision.
(C) It is required that tree replacement species come from the Preferred Species List. The Preferred Species List is provided in the Urban Forest Management Plan.
(Prior Code, § 98.999) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023)
