§ 22-7. Cutting of tree roots, permit.

(a)

No person shall cut, server, remove or otherwise injure any tree root larger than five (5) inches in diameter under the canopy or crown of any tree in or on any street right-of-way or other public place without a written permit from the commissioner of parks and recreation. A permit shall be applied for in advance of any construction work involving probable damage to tree roots.

(b)

Tree roots larger than five (5) inches in diameter may be removed without a permit only during work done when necessary to alleviate an emergency situation. The commissioner of parks and recreation must be notified within two (2) weeks following an emergency work where tree roots larger than five (5) inches were cut.

(c)

Any person who cuts tree roots larger than five (5) inches in diameter without a permit, or any person who fails to notify the commissioner of parks and recreation following root cutting during work done when necessary to alleviate an emergency situation shall be liable for any damage that results from a tree uprooting due to structural instability as a result of the tree roots being cut.

(Gen. Ord. No. 48-1981, 12-21-81)