§ 4.05.06. City tree care; street trees and park trees.

A.

Definitions.

Street trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues or rights of way with the city.

Park trees: "Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

B.

Duties and responsibilities. It shall be the responsibility of the City of Crystal River Public Works Department to develop and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. The written plan shall be reviewed and updated as necessary by the public works department.

C.

Street tree species to be planted. The list referenced in chapter 4, table 4.05.02(A) of the Crystal River Code of Ordinances constitutes the official street tree species for Crystal River, Florida. No species other than those included in this chapter may be planted without written permission of the city.

D.

Spacing. The spacing of street trees will be in accordance with the two (2) species size classes listed in subsection G., and no trees may be planted closer together than the following: Canopy trees, thirty (30) feet; understory trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect.

E.

Distance from curb and sidewalk. The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the size classes listed in subsection G., and no trees may be planted closer to any curb or sidewalk than the following: Canopy trees, two (2) feet and understory trees, four (4) feet.

F.

Distance from street corners and fireplugs. No street tree shall be planted closer than thirty-five (35) feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten (10) feet of any fire hydrant.

G.

Utilities. No street trees other than those species listed as canopy trees in subsection G. may be planted under or within ten (10) lateral feet of any overhead utility line, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.

H.

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 ensure public safety or preserve or enhance the symmetry and beauty of such public grounds.

The public works department 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. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection of said trees is in accordance with sections G. through K.

I.

Tree topping. It shall be unlawful as a normal practice for any person, form, 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 (3) inches in diameter within the tree's crown to such a degree 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 from this section at the determination of the city.

J.

Pruning, corner clearance. Every owner of any tree overhanging in 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 eight (8) feet above the surface of the street or sidewalk. Said 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 streetlight or interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.

K.

Dead or diseased tree removal on private property. 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, or harbor insects or disease which constitutes a potential threat to other trees within the city. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of the owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal as a lien on the owner's property.

L.

Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

M.

Arborists' license and bond. Any person who has engaged work with the city must first obtain a business license tax permit and provide proof of liability insurance amounting to fifty thousand dollars ($50,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

N.

Penalty. Any person violating any provision of this section shall be, upon conviction or plea of guilty, subject to a fine not to exceed ten thousand dollars ($10,000.00).

(Ord. No. 10-0-15, §§ 1—20, 10-11-2010; Ord. No. 11-0-03, § 3, 3-14-2011; Ord. No. 12-0-22, § 3, 9-10-2012; Ord. No. 19-O-08, § 3, 3-11-2019)