Section 20-29 Restrictions on cutting trees on publicly and privately owned property; exceptions.

Prior to the adoption of 2005(20-29) on 02/28/2005, Section 20-29 read as follows.

     (a)    Except as provided in subsection (b), no person shall  cut, remove, trim or in any way damage any tree on any property owned by the city or shall create any condition injurious to any  such tree without having first made a written application to do so to the committee as created in section 20-46 and having obtained advance written permission from the committee.

     (b)    The city, any agencies of the city, and any public utilities, including suppliers of electricity, suppliers of telephone services and suppliers of cable television services, shall be exempt from the provisions of subsection (a) with respect to any cutting, removing or trimming of  trees in the normal course of maintaining existing service lines; provided, however, that in  maintaining such service lines, such exempted parties shall comply with the procedures set forth in Exhibit A, a copy of which is on file in the office of the city clerk. Notwithstanding the provisions of subsection (a), whenever it can be reasonably determined by the city that a tree is a risk of danger to the public, the city manager or superintendent of utilities is authorized to cause the tree  to  be cut or removed.

     (c)    No exceptional tree(s) as defined in section 20-27 shall be removed from industrial, commercial or residential property as a part of a land development and building construction process without having first made a written application to do so to the committee as created in section 20-46 and having obtained advance written permission from the committee.

     (d)    No exceptional tree(s) as defined in section 20-27 shall be removed from existing  commercial or industrial property without the property owner having first made written application to do so to the committee as created in section 2 0-46 and having obtained advance written  permission from the committee.

     (e)    No exceptional tree(s) as defined in section 20-27 shall be removed from the required front  yard set back areas in existing residential or agricultural areas without the property owner having  first made written application to do so to the committee as created in section 20-46 and having obtained advance written permission from the committee.

     (f)    Legitimate agricultural activities and timber harvesting conducted as part of a timber  management plan are excluded from the terms and provisions of this article.

 (Code 1958,   22B-3; Ord. of 4-10-95,   II)