Chapter XIII · Streets and Sidewalks

ARTICLE 3. TREES AND SHRUBS

Sections 13-301 to 13-326 · 26 sections

13-301 Public tree care.

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.

(Code 1988)

13-302 Diseased trees; determination.

Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction or other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.

(Code 1988)

13-303 Same; notice served.

Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.

(Code 1988)

13-304 Same; failure of owner; duty of city.

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the city superintendent shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.

(Code 1988)

13-305 Same; prevent spread of disease.

No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city shall be permitted to remain on the premises, but shall immediately be removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.

(Code 1988)

13-306 Dead and dangerous trees on private property.

(a)Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of- way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the Street from a street light, or interferes with visibility of any traffic control device or sign.

(b)The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.

(Code 1988)

13-307 Trees on public property; cost borne by city.

The city shall have the authority to treat or to remove any tree as defined in section 13-301 of this article, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.

(Code 1988)

13-308 Costs on tax rolls.

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-304 or 13-306 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(Code 1988)

13-309 Injuring trees and shrubs.

No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

(Code 1988)

13-310 Fire hydrants, plantings adjacent to.

No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.

(Code 1988)

13-311 Creation and establishment of a tree board.

There is hereby created and established a tree board for the city which shall consist of seven members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the city council.

(Ord. 283, Sec. 1)

13-312 Same; term of office.

The term of the seven persons shall be three years, except for the appointment to the first board the term of three of the members shall be for only two years and the term of three members shall be for only one year. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed by the mayor for the unexpired portion of the term.

(Ord. 283, Sec. 2)

13-313 Same; compensation.

The members of the tree board shall serve without monetary compensation.

(Ord. 283, Sec. 3)

13-314 Same; duties and responsibilities.

(a)It shall be the responsibility of the tree board to study, investigate, council and develop and/or update annually and administer a written plan for the care, preservation, planting, replanting, removal or disposition of trees and shrubs along street rights-of-way, parks, alleys, and in other public areas. Such plan will be presented annually to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

(b)The tree board, or its agent, shall be responsible for the planting, pruning, and removal of all trees located within the street rights-of-way, easements, alleys and parks of the city. The property owner of the land abutting on any street may, when acting within the provisions of this article, prune, spray, plant or remove trees in that part of the street abutting his or her land not used for public travel. A street tree permit shall be required only when the property owner intends to deviate from the rules and regulations contained in this article.

(c)The tree board, when requested by the governing body, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work.

(Ord. 283, Sec. 4)

13-315 Same; operation.

The tree board shall choose its own officers, make its own rules and regulations which shall be subject to the approval of the city council, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

(Ord. 283, Sec. 5)

13-316 Same; definitions.

For purposes of this article, the following definitions shall apply:

(a)Large Trees — Trees with a potential mature height of 55 feet or more.

(b)Medium Trees — Trees with a potential mature height of 25 to 55 feet.

(c)Paved Surface — All areas within public rights-of-way including streets, roadways, highways, curbs, sidewalks and storm drainage facilities that are covered with asphalt, concrete, or other permanent hard surface.

(d)Property Owner — Person(s) owning such property as shown by public records on file at the office of the Barber County Register of Deeds.

(e)Shrub — A low, usually several-stemmed, woody plant.

(f)Small Trees — Trees with a potential mature height of no more than 25 feet.

(g)Street Trees or Shrubs — Trees

(h)Tree — A woody plant having a well-defined stem or trunk, a more or less definite crown, a height at maturity of at least eight feet, and the trunk diameter exceeding two inches.

(Ord. 283, Sec. 6)

13-317 Same; street tree species that may be planted.

The tree board shall maintain an official list of street tree species for the city. No species other than those included on this list may be planted as street trees without the written permission of the tree board.

(Ord. 283, Sec. 7)

13-318 Same; spacing of trees.

The spacing of streets will be in accordance with the three species size classes, defined in section 13-316(a), (b) and (f), of this article, and no trees may be planted closer together than the following: Small trees - 30 feet; medium trees - 40 feet; and large trees - 50 feet, except in special plantings designed or approved by the tree board.

(Ord. 283, Sec. 8)

13-319 Planting distance from street corners and fireplugs.

No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.

(Ord. 283, Sec. 9)

13-320 Planting near utilities.

Only small trees, as defined in section 13-316(f), of this article may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line, telephone cable, or other utility.

(Ord. 283, Sec. 10)

13-321 Planting distance from curbs and sidewalks.

The distance trees may be planted from the curbs or curblines and sidewalks will be in accordance with the three species size classes defined in section 13-316(a), (b) and (f), of this article, and no tree may be planted closer to any property line than the following: Small trees - two feet; medium trees - three feet; large trees - four feet. Exceptions can be granted by the tree board.

(Ord. 283, Sec. 11)

13-322 Public tree care.

The city shall have the right to plant, prune, maintain, spray and remove trees and shrubs within the lines of all streets, alleys, parks and other public grounds, as may be necessary to insure public safety when servicing city utilities or to preserve or enhance the symmetry and beauty of such public grounds. The city tree board may remove or cause to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, public safety, or other public improvements, or is affected with any injurious fungus, insect or other pest.

(Ord. 283, Sec. 12)

13-323 Tree topping.

It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions, where other pruning practices are impractical may be exempted at the determination of the tree board.

(Ord. 283, Sec. 13)

13-324 Arborists license and bond.

It shall be unlawful for any person to engage in the business or occupation of trimming, pruning, treating, topping or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be as set in the city’s fee resolution; provided that no license shall be required of any utility company or city employee doing such work in pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of general liability insurance with an occurrence limit not less than $500,000 and an aggregate of not less than $1,000,000 for injuries or damages resulting from the pursuit of such endeavors as herein described.

(Ord. 283, Sec. 14; Ord. 417; Code 2015)

13-325 Street tree species that may be planted.

The following list constitutes the initial list of street tree species for the city. No species other than those included in this list may be planted as street trees without the written permission of the tree board.

(a)Small Trees:

Amur Maple (Acer ginnala cv. Compactum & cv. Flame)

Eastern Redbud (Cercis canadensis)

Oklahoma Redbud (Cercis reniformis cv. Oklahoma)

Cockspur Hawthorn (Crataegus crusgalli var. inermis)

Washington Hawthorn (Crataegus phaenopyrum)

Winterberry Euonymus (Euonymus bungeanus)

Flowering Crabapple (Malus spp. cv. Donald Wyman, cv. Sargent Crab, cv. Snowdraft)

Japanese Tree Lilac (Syringa reticulata cv. Ivory Silk)

(b)Medium Trees:

Trident Maple (Acer buergeranum) Hedge Maple (Acer campestre)

Shantung (or Purpleblow) Maple (Acer truncatum)

Winter King Hawthorn (Crataegus viridis cv. Winter King)

Imperial Honey Locust (Gleditsia triacanthos inermis cv. Imperial)

Goldenrain Tree (Koelreuteria paniculata)

White Mulberry (Morus alba) male trees only

Callery Ornamental Pear (Pyrus calleryana cv. Aristocrat; cv. Autumn Blaze; cv. Capital; cv. Chanticleer; & cv. Redspire)

Western Soapberry (Sapindus drummondii)

(c)Large Trees:

Sugar Hackberry (Celtis laevigata cv. Heritage) Hackberry (Celtis occidentalis cv. Prairie Pride)

Green Ash (Fraxinus pennsylvanica cv. Autumn Applause; cv. Autumn Purple; & cv. Rosehill)

Ginkgo (Ginkgo biloba cv. Autumn gold; & cv. Princeton Sentry)

Thornless Honey Locust (Gleditsia triacanthos var. inermus cv. Shademaster; cv. Skyline; & cv. Moraine)

Kentucky Coffee Tree (Gymnocladus dioica)

English Oak (Quercus robur cv. Fastigiata)

London Plane Tree (Platanus xacerifolia cv. Bloodgood)

American Sycamore (Platanus occidentalis)

Cottonwood (Populus deltoides) only male trees

Bur Oak (Quercus macrocarpa)

Pin Oak (Quercus palustris)

Shumard’s Red Oak (Quercus shumardii)

Sweetgum (Liquidambar styraciflua)

(Ord. 283, Sec. 15)

13-326 Violation and penalties.

(a)It shall be unlawful for any person to prevent, hinder, or otherwise interfere with designated city officials or employees in their performance of their respective duties under the provisions of this article.

Further, it shall be unlawful for any person to plant or otherwise maintain a new growth of a tree or shrub in an area where such planting is prohibited by this article.

(b)Any person who violates any of the provisions of this article is guilty of a public offense and upon conviction shall be fined and/or sentenced in accordance with section 1-123 of the city code.

(Ord. 283, Sec. 16)