§ 701-4 — Permit required

Sec. 701-4. - Permit required.

(a) No person shall plant any shade or ornamental flora on or in any portion of a public street, alley, right-of-way, place or park in the city, unless the department, after consultation with the department of parks and recreation and the department of public works, shall have first approved the kind or variety thereof and designated the location therefor, and a special permit for such planting has been issued by the division of construction and business services. Trees must be of high quality and suitable species to be planted on public grounds. Trees to be planted must be well-formed, have a straight trunk, evenly balanced crown, and healthy appearance. The department shall have the power to set forth any further specifications required and may alter methods of planting, reject any tree or tree species, or suspend the right of a permit holder to plant, for any reason and without advance notice. The department will determine tree pit depth and width, and whether fertilizer, peat moss or other additives are necessary. The department must have at least forty-eight (48) hours' advance notice prior to any excavation. The department shall have continuing control over any flora planted. Any permit required by the provisions hereof shall not obviate the requirements for obtaining any other permits or licenses required by any other ordinances or statutes of the state. (b) Any flora planted pursuant to subsection (a) shall be watered, staked, wrapped, sprayed, trimmed or fenced by guards or gratings by the permit holder when deemed necessary by the department. Trees must be watered at least once per week in dry weather during the first year after planting. The permit holder shall guarantee the survival of each tree planted for one (1) year after the planting date. Any tree not surviving for one (1) year must be replaced, either by the permit holder or by the city, at the permit holder's expense. After a period of one (1) year, all flora planted becomes the property of the city and all care and maintenance becomes the responsibility of the city. (c) No person shall perform any arboricultural work on any shade or ornamental flora on or in any portion of a public street, alley, right-of-way, place or park in the county, unless the division of construction and business services shall have first granted a special permit indicating the approved activity on each designated flora. All work on city owned trees, including trimming, pruning, protecting, bracing, relocating, cultivating, spraying or removing, will be allowed only when permitted by the division. (d) For purposes of this chapter, any person obtaining an encroachment permit from the city for the sole purpose of planting any flora pursuant to this section will not be required to pay the encroachment license fee once the flora becomes the property of the city.

(Code 1975, § 30-4; G.O. 63, 2009, § 95; G.O. 10, 2010, § 3; G.O. 41, 2016, § 2)