It shall be unlawful for the owner or occupant of any lots abutting upon and adjacent to any sidewalk line of any public street, to plant, care for, grown, keep or maintain any trees, shrubbery or hedge so that any branch, limb or part thereof shall project over the sidewalk line at any time lower than eight (8) feet above the surface of the sidewalk or the established sidewalk grade where there is no sidewalk, or lower than thirteen (13) feet from the traveled portion of any street, avenue or alley used for vehicular traffic, regardless of whether the trunks of such trees be within or without the lot line or on the inner or outer side of the sidewalk or sidewalk space. No person shall plant any tree within ten (10) feet of any curb.

(Code 1968, 12-601; Code 1990; Ord. 1446)

It shall be the duty of all owners or occupants of lots, tracts, or pieces of land, to trim and keep trimmed all trees on or opposite their respective lots or tracts of land so as to comply with the requirements of section 13-401 of this article, and upon failure of any owner or occupant to cut or trim any trees, shrubbery, or hedge overhanging, obstructing, or interfering with public travel on any sidewalk or street of the city, the same may be done by the city in the manner hereinafter provided.

(Code 1968, 12-602)

Whenever any property owner or occupant whose duty it is to keep the trees, shrubbery and hedges trimmed or cut, as provided in section 13-402, shall fail to do so, the public works supervisor/city superintendent shall report the same to the city clerk. The city clerk shall serve notice or cause notice to be served on such owner, requiring the obstructions to be trimmed or cut forthwith. If the owner or occupant shall fail to trim or cause such trees, shrubbery of hedge to be trimmed or cut in accordance with the notice within fifteen (15) days after the same shall be, served by the Ellis Police Department, the public works supervisor/city superintendent ·or ·some other competent person authorized by the city council shall trim such trees, hedge or shrubbery or cut down or remove the same as may be necessary to remove any such obstruction. The work shall be done in a careful and workmanlike manner as not to injure or destroy any such tree, shrubbery or hedge. Thereupon, a report of the cost of doing the work shall be reported to the city clerk, and the clerk shall certify the cost thereof to the county clerk to be taxed against any such lot or tract of ground on which or in front of which the trees, hedge or shrubbery may be located; provided, that in the event the owner of the property is unknown or the property unoccupied, the notice hereinbefore required shall be published once in the official city paper requiring that the obstruction be removed within fifteen (15) days; provided further, that if there is great danger to life or property by reason of any such obstruction, the same may be removed forthwith by the city superintendent without any notice.

(Code 1968, 12-603; Code 1990; Ord. 1430)

In order to prevent interference with and damage to the electric light, power and telephone wires in the city from limbs or branches of trees growing along any street, avenue, alley or park, the mayor may authorize the reasonable trimming or cutting of such tree or trees for the purpose of preventing interference, damage or loss to the utility wires; provided, that the cost of trimming any tree or trees as provided in this section shall be borne by the person owning such wires.

(Code 1968, 12-604)

(a)   The governing body of the city is desirous of beautifying areas of the city by encouraging the orderly planting and removal of trees and shrubs in public areas of the city, and in accordance with such desire, there is hereby appointed a shade tree committee, for the purpose of coordinating and planning for the planting, maintenance, treatment and removal of trees and shrubbery upon all streets, alleys, avenues, and in all parks and public areas of the city.

(b)   The shade tree committee shall consist of five members, who shall be residents of the city and who shall be appointed by the mayor, with the consent and approval of the governing body.

(c)   The initial three members of the committee shall be appointed for variable terms, with one member serving a term of three years, one member serving a term of two years, and the last of the three serving an initial term of one year. All initial and succeeding appointments shall expire on April 1 of appropriate year. Upon the expiration of the initial terms of the initial member appointed, succeeding members shall be appointed in like manner for terms of three years. In the event that a vacancy shall occur during the terms of any member, his or her successor shall be appointed for the unexpired portion of the term, and shall be appointed by the mayor with the consent and approval of the governing body.

(d)   Members of the committee shall serve without compensation. The committee shall study, investigate, counsel, and develop as needed written reports of plan or plans for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, alleys, parks, and upon all public grounds located within the city. Such plans shall be presented from time to time to the city council, and shall constitute the recommendation of the shade tree committee. The committee shall upon request of the governing body, report in writing upon any matter submitted to them for consideration and study. The committee shall choose its own officers, make its own rules and regulations, and shall keep a journal of its proceedings. A majority of the members present shall constitute a quorum for the transaction of business.

(Code 1968, 12-604.1; Ord. 1124, Sec. 2; Code 1998)

(a)   It shall be unlawful for any person to plant any trees or shrubbery on any tract of land abutting upon any street or avenue in the city in that portion of the street or avenue between the lot line and the curb line of the street or avenue, such area being commonly called parking or parking areas, except that subject to the terms and conditions hereinafter provided, the following trees may be planted in the areas:

Washington Hawthorne, Japanese Tree Lilac, Flowering Peer (Bradford), Service Berry (Tree Form), Golden Rain Tree, Purple-leaf Plum, Russian Olive, Common Apricot, Western Soap Berry Bud.

(b)   Upon written application made to the city clerk for authority to plant authorized trees or other trees after application to and approval by the city governing body in any of the areas here and before referred to, the city clerk shall submit the application to the chairperson of the shade commission and the shade tree commission shall then examine the application and view the site where the trees are to be planted and the commission, by their chairperson, shall then submit a written recommendation to the city clerk on the application and the city clerk shall thereupon issue such permit specifying the tree or trees to be planted, the manner of planting the same and the location where such tree or trees are to be planted; provided however, that the person making such application may appeal the recommendation of the shade tree commission to the city council.

(c)   Any person violating any of the provisions of this section, shall upon conviction thereof, be subject to a fine, not to exceed $100.00 or be imprisoned not to exceed 30 days or be both so fined and imprisoned. Any person planting any tree or shrubbery which is unauthorized under this section, shall have the duty and responsibility of removing such tree or shrubbery.

(Code 1968, 12-604.2; Code 1990)