§ 42-159. Damage, removal and replacement.

(a)

Unless specifically authorized pursuant to a written permit issued by the City Forester, no person, firm or corporation shall damage, cut, carve, prune, transplant, spray or remove any public tree or shrub, including the root system thereof, or attach any ropes, wires, nails, advertising posters or other contrivances to any tree or shrub or allow any gaseous, liquid or solid substance which is harmful to such trees or shrubs to come in contact with them, or set fire or permit any fire to burn if such fire or the heat therefrom will injure any portion of any such tree or shrub. Any work performed under such permit shall be done in strict accordance with the conditions thereof. The City may recover the cost of repair or replacement of any tree or shrub damaged in violation of this section from the property owner involved or from any other responsible party.

(b)

No permit authorizing the removal of any trees or shrubs from within the limits of any public roads or grounds shall be issued unless the applicant agrees to replace any trees or shrubs so removed. Such replacement shall meet the minimum standards of size, species and placement as provided for in the permit issued by the City Forester. Said standards shall ensure that the replacement trees and shrubs shall be of a quality equal to those to be replaced. The permittee shall bear the cost of removal and replacement of all trees and shrubs so removed.

(c)

Unless prior written permission from the City Forester has been obtained no person, firm or corporation shall deposit, store, place or maintain within the limits of any public road or grounds any stone, brick, sand, cement or other impervious material in such a manner as may obstruct the free passage of air and water to the roots of any tree or shrub growing within such road or grounds.

(Code 1961, § 17-95; Ord. No. 354, § 17-85, 10-6-1987)