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Except to abate a nuisance, it shall be a violation of this article to:

(1) Fasten any sign, card, poster, wire, rope or other material to or around or through any public tree or shrub or its guard in the city without a written permit of the director of parks and open space, except in emergencies such as storms or accidents.

(2) Deposit, place, store or maintain upon any public area of the city any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein.

(3) Break, injure, mutilate, kill or destroy any tree or shrub or permit any fire to burn where such fire will injure any portion of any tree or shrub in any public area. No person shall permit any toxic chemical to seep, drain or be emptied on or about any public tree or shrub. No person shall knowingly permit electric wires to come in contact with any public trees or shrubs unless protected by approved methods, and no person shall attach any electrical insulation to any public tree or shall excavate any ditches, tunnels or trenches or lay any drive within a radius of ten feet from any public tree or shrub without first obtaining permission from the director of parks and open space. During building operations, the builder shall erect suitable protective barriers around public trees or shrubs apt to be injured.

(4) Permit any leaks to exist in any gas pipes or mains laid beneath the surface of any street, alley or public place in the City by any person owning, maintaining or operating such gas pipes or mains or to permit any leaks to exist within 40 feet of any tree growing in any street or public place in the City. If leaks exist or occur in such pipes or mains, it shall be the duty of the person owning or operating such defective pipes or mains to repair such immediately and stop such leak in a manner so as to prevent a recurrence of leak, upon receiving written notice from the director of parks and open space calling the attention of such person to such leak. (Code 1979, § 29-42; Ord. No. 95-53, exhibit A (§ 29-42), 9-11-1995)