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Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.

CROSS REFERENCES

Power to regulate shade trees and shrubbery, RC 715.20

Assessments for tree planting or maintenance, RC 727.011

Location of shade trees on streets, CO 503.04

Climbing trees in parks prohibited, CO 559.35

Destruction of shrubs, trees or crops, CO 623.06

509.01     Climbing, Breaking, Injuring Trees Prohibited; Exceptions; Permit

No person, firm or corporation without a written permit from the Director of Public Properties shall cut, break, climb or injure any tree or portion of tree planted or growing in any public highway within the City or cause, authorize or procure any person to cut, break, climb or injure any such tree or portion thereof; cut, break, climb or injure any tree or plant, or injure, misuse or remove, or cause, authorize or procure any person to injure, misuse or remove any device set for the protection of any tree or plant in any public highway of the City. Any person, firm or corporation desiring for any lawful purpose to cut, prune, treat, with a view to its preservation from disease or insect, or trim any tree in any public highway of the City, may apply to the Director, and if in the judgment of the Director the desired cutting, pruning, treatment or trimming appears necessary and the proposed method and workmanship thereof are such as the Director approves, the Director may thereupon issue a written permit for such work. Any work done under such written permit must be performed in strict accordance with the terms thereof.

509.02     Killing, Removing Trees Prohibited; Exceptions; Permit

No person, firm or corporation shall kill or remove, or cause, authorize or procure the death or removal of any tree planted or growing in any public highway within the City. Any person, firm or corporation desiring for any lawful purpose to take down or remove any tree in any public highway of the City may apply to the Director of Public Properties, and if in the judgment of the Director, the desired taking down or removal appears necessary, the Director may thereupon issue a written permit therefor. Any work done under such written permit must be performed in strict accordance with the terms thereof.

509.03     Injurious Substances in Soil around Tree Roots

No person, firm or corporation owning or using, or having control or charge of gas or other substance deleterious to tree life, shall allow such gas or other substance to come into contact with the soil surrounding the roots of any tree in any public highway in the City in such manner as may injure such tree or plant.

509.04     Lethal Substances in Soil around Tree Roots

No person, firm or corporation owning or using, or having control or charge of gas or other substance deleterious to tree life, shall allow such gas or other substance to come into contact with the soil surrounding the roots of any tree in any public highway in the City in such manner as shall kill or destroy such tree or plant.

509.05     Injurious Substances Flowing into Tree Soil

No person, firm or corporation shall cause, authorize or procure any brine water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip on or into the soil about the base of any tree in any public highway in the City, or onto the sidewalk, road or pavement therein at a point whence such substance may be lying on, or by flowing, dripping or seeping into such soil, or in any other manner whatever, injure such tree; or cause or procure such lying, leaking, flowing, dripping, seeping or injuring.

509.06     Stone, Cement Obstructing Tree's Air, Water; Permit

No person, firm or corporation, except with the written permit of the Director of Public Properties, shall place or maintain upon the ground in any public highway within the City, any stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the roots of any tree or ornamental plant in such highway. Unless otherwise provided for in such written permit, there must be maintained about the base of the trunk of each shade tree in the public highways of the City at least six square feet of open ground for a tree three inches in diameter, and for every two inches of increase of such diameter there must be an increase of at least one square foot of open ground.

509.07     Power to Preserve or Remove Trees

The Director of Public Properties shall have the right to plant, trim, preserve and remove all trees within the lines of all streets, alleys, avenues, lands, lanes, squares and public grounds as may be necessary to insure safety, or to preserve the symmetry and beauty of such public grounds. The Director, under the power given herein, may cause any tree which is in an unsafe condition, or which by reason of its nature is injurious to sewers or other improvements, or is affected by any injurious scale or other pest, to be removed.

509.08     Interference with Properties Director and City Employees

No person, firm or corporation shall interfere, cause, authorize or procure any interference with the Director of Public Properties, or any of his employees, agents or servants, while they are engaged in and about the planting, cultivating, mulching, pruning, spraying or removing of any tree in any public highway within the City, or in removing any device attached to a tree or in such removing of stone, cement, sidewalk or other material or substance as may be necessary for the protection and care of any such tree in accordance with the requirements set forth in Section 509.06, as to the area of open ground to be maintained about the base of the trunk of each shade tree in the public highways of the City.

509.09     Electrical Wires Injuring Trees

No person, firm or corporation shall cause, authorize or procure a wire or other conductor, charged with electricity, to come into contact with any tree in a public highway in the City, in such manner as may injure or abrade such tree or plant.

509.10     Electrical Wires Killing Trees

No person, firm or corporation shall cause or authorize or procure a wire or other conductor charged with electricity, to come into contact with any tree in any public highway in the City in such manner as shall destroy or kill such tree or plant.

509.11     Attaching Wire, Signs to Trees Restricted

No person, firm or corporation shall attach or keep attached to any tree in any public highway in the City or to the guard or stake intended for the protection of such tree, any rope, wire, sign or any other device whatsoever, except for the purpose of protecting it or the public.

509.12     Animals Prohibited from Injuring Trees

No person, firm or corporation shall tie any horse or any other animal to any tree in any public highway within the City or having charge of such horse or other animal, allow or cause or procure it to injure any such tree; nor shall any person in charge of such horse or other animal cause or allow it to stand so that it can injure such tree.

509.13     Tree Planting Permit; Planting Plan

(a) No person, firm or corporation shall plant or set out any shade tree or cause or authorize or procure any person to plant or set out any shade tree, in or on any part of any public highway within the City, without first obtaining from the Director of Public Properties a written permit to do so or without complying in all respects with the conditions set forth in such written permit.

(b) Before any permit shall be issued for planting more than twenty-five trees on any one permit, the Director may request from the applicant a detailed declaration of intentions either in the form of a planting plan or written statement in duplicate. All planting plans shall be drawn on tracing cloth in ink. One copy of each plan or statement of intentions shall, when approved by the Director, be returned to the applicant and the other copy shall be kept on file by the Director.

(c) All planting plans shall show accurately:

(1) The proposed street width, together with its subdivisions of pavement, curb, gutter, parking strip and sidewalk areas, to a definite indicated scale;

(2) The proposed location of each and every proposed tree together with the location of each existing within the proposed street lines in scaled relation to the other features of the plan;

(3) The variety of each and every tree proposed to be planted and of those already existing within the proposed street lines, either indicated on the plan or referenced with a number to key list;

(4) The distance between trees in any one row in feet;

(5) The nature of the soil in the planting space, to a depth of three feet, and all existing and proposed surface or subsoil drainage system.

(d) All statements filed in lieu of a planting plan shall contain the same information as required on the plan.

509.14     Protecting Trees from Construction

During the erection, repair, alteration or removal of any building or structure within the City, no person in charge of such erection, repair, alteration or removal, shall leave any street tree in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree arising out of or by reason of the erection, repair, alteration or removal.

509.15     Authority of Properties Director over Trees on Private Grounds

The Director of Public Properties shall have power to enter upon any private grounds in the City and cause to be sprayed or otherwise treated any tree or shrub infected or infested by any parasite or insect pest when it shall be necessary in the opinion of the Director to do so, to prevent the breeding or scattering of any parasite or animal pest, and to prevent danger therefrom to shade trees and shrubbery planted in the streets, alleys and public grounds of the City. Whenever in the opinion of the Director, trimming, treatment or removal of any such tree or shrub located on private grounds shall be deemed wise, the Director shall have power to trim, treat or remove any such shrub.

509.16     Control of Elm Disease

Council finds and determines that the Dutch Elm disease and the virus disease Phloem Necrosis commonly known as Elm Blight threaten shade trees in the streets and public grounds and places of the City, and that in order to preserve such trees it is necessary to discover and control these diseases.
(Ord. No. 1779-48. Passed 10-18-48)

509.17     Inspection and Destruction of Diseased Trees

The Commissioner of Shade Trees is authorized to inspect any tree within the City reported or supposed to be infected with the Dutch Elm disease or the virus disease Phloem Necrosis commonly known as Elm Blight. If upon such inspection the Commissioner determines that such tree is infected with either of the diseases, he shall, if the tree is in any public street, ground or place within the City, immediately remove and burn the same in such manner as to prevent as fully as possible the spread of such disease. If such tree is located on private property, the Commissioner shall immediately serve upon the owner of such property a written notice that such tree is so infected and that the same must be removed and burned under the supervision of the Commissioner within five days of the service of notice. If such owner cannot be found, a copy of the notice shall be posted upon the infected tree. If the tree is not so removed and burned within five days after the service or posting of notice, the Commissioner shall cause the tree to be so removed and burned. The cost of removal and burning shall be reported to the owner of the property, if he can be found, and also Council. If the cost is not paid within thirty days of such report, Council may assess the same as in other cases of the abatement of nuisances.
(Ord. No. 1779-48. Passed 10-18-48)

509.18     Additional Tests to Determine Presence of Disease

If upon the inspection of any tree within the City reported or supposed to be infected as aforesaid, it is impossible to determine with certainty the existence of either of the diseases in such tree, it is hereby determined that in such event specimens from the tree shall be forwarded for complete examination, diagnosis and report to either the Ohio State Experimental Station at Wooster, Ohio, or to the United States Department of Agriculture Station at Deltsville, Maryland. The action of the Commissioner of Shade Trees under this section shall await and be determined by the report received from such examination and diagnosis.
(Ord. No. 1779-48. Passed 10-18-48)

509.19     Property Owner's Responsibility to Trim or Remove Trees

The owner or agent of any lot or parcel of land fronting on any street, avenue or public ground in the City, in which shade trees are planted and growing, shall trim or cause to be trimmed, the branches from the trees in or in front of their respective lots or lands, near which any street lamp is placed, so as not to obstruct the passage of light from such lamp to the street or sidewalk adjacent, and shall trim all branches overhanging any sidewalk or roadway, so as to have a clear height of eight feet above the surface of the sidewalk, and a clear height of ten feet above the surface of the roadway, unobstructed by branches, and shall remove from the trees all dead, decaying and broken limbs or branches that overhang the sidewalk or street, or are liable to fall thereon. When any trees are dead the owner thereof shall take up, or cause to be taken up, the dead trees and remove the same from the lot or parcel of land. If any owner or agent of any lot or land in which shade trees are planted fails or refuses to comply with the requirements of this section, after being duly notified to do so, the Shade Tree Commissioner shall cause the same to be done at the expense of the owner of the property in or in front of which the trees may be located, which expense, together with the cost of suit, may be collected by a suit in Municipal Court.

509.20     Trimming, Preservation and Removal of Trees on Private Property

(a) The Commissioner of Shade Trees shall have the authority and he shall order the trimming, preservation or removal of any dead or diseased tree or branch or limb thereof located upon private property when he finds that such action is necessary to prevent injury to person or damage to property, or to prevent the spread of disease to trees located upon or adjacent to public land or a dedicated street.

(b) Such order of the Commissioner shall be in writing and shall be served either personally or by certified mail upon the owner of such private property. If service is by certified mail it shall be sent to the last known residence of the owner.

(c) When the owner to whom such an order is directed fails to comply within the time specified in such order, the Commissioner shall cause the condition to be remedied at the cost of the person to whom the order is directed. The Commissioner or persons designated by him to remedy the condition complained of in the order shall be authorized to enter upon private premises for the purpose of carrying out such order.
(Ord. No. 2096-66. Passed 12-12-66, eff. 12-14-66)

509.99     Penalty

(a) Any person, firm or corporation which violates Sections 509.01, 509.05, 509.09, 509.11 or 509.13 shall be fined not more than five dollars ($5.00) for each offense.

(b) Any person, firm or corporation which violates Sections 509.03, 509.06, 509.08, 509.12 or 509.14 shall be fined not more than ten dollars ($10.00) for each offense.

(c) Any person, firm or corporation which violates Sections 509.02, 509.04 or 509.10 shall be fined not more than fifty dollars ($50.00) for each offense.

(d) Every violation by the same person, firm or corporation of Sections 509.01 to 509.14 which continues on any day succeeding the first violation thereof, constitutes an additional violation for each of such succeeding days.

(e) In addition to civil liability for the cost of any work performed by the Commissioner of Shade Trees or persons designated by him, any person who fails to comply with an order of the Commissioner to trim, preserve or remove any dead or diseased tree or branch or limb thereof dangerous to person or property or to prevent the spread of disease to trees upon public property or streets within the time specified in such order shall be fined not more than five hundred dollars ($500.00) and imprisoned for not more than thirty days, or both.
(Ord. No. 2096-66. Passed 12-12-66, eff. 12-14-66)