§ 425.090. Unlawful Acts On Public Property.

A. 

It shall be unlawful for any person to do any of the following acts on public property or a public right-of-way:

1. 

Attach any sign, advertisement, notice or any other object to any tree or shrub or in any flower bed in the public right-of-way or any other public property in the City except items installed by the City.

2. 

Damage, cut, deface, destroy, top or injure any tree, shrub or plant planted in the public right-of-way or upon any public property by placing salt, brine, petroleum products, weed killers, concrete washout or any other substance in such an amount as to be injurious to tree or shrub growth or otherwise disturb any tree in the right-of-way or on other public property. This provision shall not apply to ordinary care and maintenance or removal of trees by a governmental entity or by a public utility authorized to exercise jurisdiction over the right-of-way or on other public property pursuant to a franchise or easement.

3. 

Place or store cement, asphalt, soil or any other substance in the right-of-way or on any public place which impedes access of air and water to the critical root zone of any tree, shrub or plant planted in the right-of-way or on any other public property.

4. 

Cause any excavation or construction on a public right-of-way to occur within the critical root zone of any tree in the right-of-way or on other public property or fail to install fences, barriers or other guards to protect the tree on the public right-of-way from damage from such excavation or construction. This provision shall not apply to ordinary care and maintenance or removal of trees by a governmental entity or by a public utility authorized to exercise jurisdiction over the right-of-way or on other public property pursuant to a franchise or easement.

Ord. No. 2008-1576 §1, 5-20-2008