§ 43.32. Trees, Shrubs, etc.—Planting in Parkways—Generally.

(1)

It shall be unlawful for any person to plant or maintain any tree, shrub or plant within any parkway of the City, located in such a manner as to constitute a hazard to traffic safety.

(2)

It shall be unlawful for any person to plant or maintain any tree, shrub or plant within any parkway of the City in such a manner as to damage or constitute a hazard to any street, sidewalk, curb, driveway, water line, sewer line or any other public utility.

(3)

When, in the opinion of the City Council, any planting shall be unlawful as constituting the hazards described in (1) and (2) above, the owner of the property abutting the parkway wherein such planting is located, shall, within ten (10) days of notice thereof, remove or cause to be removed, such planting at no expense to the City. In addition to any penalty which may be imposed for the violation of this section by Section 1.08 of this Code, in the event the owner of the abutting property does not remove any planting ordered to be removed by the City Council, as provided herein, the City may remove such planting and assess the cost for such removal upon the property abutting thereto in the same manner and subject to collection in the same manner as taxes on real property.

(4)

For the purpose of this section, parkways of the City as defined as that portion of the street right-of-way paralleling any public thoroughfare between the curbline and the abutting property line.

(Ord. of 5-18-1960, § 1)