§ 12.08.110. Permit for trimming, removing or injuring trees and other plants.

(a)

Required. It is unlawful for any person, other than the community services director, to trim, prune, cut, break, deface, destroy, burn or remove any shade or ornamental tree, hedge, plant, shrub or flower growing, or to grow upon any public highway, public ground or public property within the city without the written permit of the community services director; or to deface, bend, break or destroy, or in any manner injure or remove any frame, post, trellis or other structure used to protect or support any such tree, hedge, plant, shrub or flower; or to hitch or to tie horses or other animals thereto, or to plant or place thereon or attach thereto any sign, notice or other advertising device.

(b)

Issuance conditions. A permit shall not be granted to any person except:

(1)

A person who owns or is the tenant of the property adjacent to that portion of the highway on which the shade or ornamental trees, hedges, plants, shrubs or flowers which it is proposed to trim, prune, cut, break, deface, destroy, burn, remove or grow.

(2)

A person having a valid, unrevoked easement or franchise, with the exercise of which the shade or ornamental trees, hedges, plants, shrubs or flowers interfere, and the trimming, pruning, cutting, breaking, defacing, destruction, burning or removing of which is necessary to the exercise of such easement or franchise.

(3)

A person whose principal business is tree trimming and maintenance and tree surgery, who in the opinion of either the community services director, with regard to public property or public grounds, or the commissioner, with regard to public highways, is qualified for such business, and who deposits with the community services director a sum sufficient, in the opinion of the community services director, to reimburse the city for any expense necessarily incurred to do corrective tree trimming necessitated by any trimming done by the permittee. The city shall deduct from the deposit the actual cost of any necessary corrective trimming or pruning and shall refund the balance to the permittee. Should the cost be greater than the deposit, the permittee upon demand shall pay to the community services director an amount equal to such excess. Further permits shall not be issued until such payment is made.

(Ord. No. 14(1989), § 2(16.76.020), 6-27-89)