§ 37-19. Permit required for planting, removal, trimming, pruning, or decorating, trees or other vegetation on public property.

(a)

Except as otherwise provided in this article, no person, or contractor, other than a parish-licensed tree service operator or parish-licensed landscaper shall plant, prune, trim, remove or decorate any tree or other vegetation in or on public property without a permit from the department of parkway. Such permitting is not required for plantings that have been approved by the parish under a site plan review or other parish program.

(b)

All persons who are property owners or their agents may trim trees and other vegetation located on public property immediately in front or side of their property between the owner's private property line and the street right-of-way without a permit. By planting or trimming trees or other vegetation on said public property, such persons who are property owners and their agents shall thereby assume full liability for all damages to public property, to themselves, to their property, to third parties and to the property of the third parties that may result from the actions of the property owners or their agents that is related in any way to the trimming of trees and other vegetation on the public property and to fully indemnify the parish including related court costs and attorney fees for any such damages or claims. Persons who are property owners or their agents shall be required to get a permit to plant or remove trees or vegetation on public property other than grass, flowers and shrubs whose maximum size shall be less than three (3) feet in height.

(c)

A property owner may not employ any person other than a parish-licensed tree service to trim or remove a tree on public property.

(d)

A person who is a property owner may not employ any person other than a parish-licensed landscaper to plant or maintain vegetation on public property other than grass, flowers, trees and shrubs whose maximum size shall be less than three (3) feet in height.

(e)

The department of parkway may order that a tree or other vegetation that was planted, with or without a permit, on public property be removed from the public property at the expense of the person or entity which planted such tree or shrub.

(f)

A permit is always required for the removal of any tree from public property by any person. Such permits may be issued under the conditions outlined below:

(1)

An application for a permit to plant, remove, prune or trim any tree or other vegetation in or on public property shall set forth the location in which the vegetation is to be planted, removed from or trimmed and be submitted to the department of parkway;

(2)

Approval by other parish departments if appropriate; and

(3)

The signing by the applicant of a notarized affidavit in which the applicant agrees to compensate the parish for any damages to public property and to waive all claims against the parish for personal and property damage sustained by the applicant that may be related in any way to said permit and also agree to indemnify the parish against any claims of third parties for personal injury and property damage that may be related in any way to said permit; and

(4)

The payment by the applicant of a permit fee of twenty-five dollars ($25.00) per permit for all activities involving trees and shrubs with trunks less than four (4) inches in diameter. A separate permit shall be required for each tree or shrub with a trunk four (4) inch or greater in diameter. No permit fee shall apply to any permit issued to the owners of residential property who reside in such property; however approval(s) and indemnification as outlined above shall apply to such permits;

(5)

If the application of a person who is a property owner fulfills all of the conditions above, a permit shall be granted to said person for the removal of a tree of a species not listed on the desirable tree list which is located on public property immediately in front or side of the property between the owner's private property line and the street right-of-way.

(g)

Approval of a tree removal may be conditioned on replacement with a new tree or shrub of approved variety if it is found that such replacement is necessary to maintain an ornamental tree system on the street, block, park or other public property.

(h)

A permit application for the removal of a tree listed on the desired tree list may be granted only if the tree is dead, diseased, or infested with termites or other insects that may destroy the tree or if the tree causes damage to, or interferes with, any public works or utility.

(i)

All requests for permits required by this article and denied by the department of parkway will be accompanied by a list of reasons for denial.

(j)

If the department of parkway refuses to grant a permit, the permit applicant may ask for the request to be reconsidered by the director of the department of public works within thirty (30) days from the date on which the written refusal was issued.

(Ord. No. 21243, § 1, 3-21-01; Ord. No. 21582, § 1, 5-22-02)