Sec. 9-282(9) prohibits 'hatracking' or topping any street tree, park tree, or other tree on public or private property — defined as cutting limbs to stubs larger than 3 inches diameter within the crown, or removing more than approximately one-third of the normal canopy.
Hatracking/topping is a long-standing concern in Central Florida because of hurricane preparation. Sec. 9-282(9) defines it precisely: 'severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove more than approximately one-third of the normal canopy and disfigure the tree.' Storm-damaged trees may be exempted by the designated official. Sec. 9-282(4) requires 7 ft vertical clearance over sidewalks and 14 ft over streets/alleys — trimming for clearance is allowed. Sec. 38-139 makes it unlawful for any person to cut, trim, or remove a 4-inch DBH+ tree in the city right-of-way without a permit. Sec. 38-141 makes maintenance of ROW trees the abutting owner's responsibility.
Sec. 9-296 enforcement: Code Enforcement Board fines $250/day first violation, $500/day repeat per F.S. Ch. 162. ROW tree violations are a Sec. 38-142 penalty separately.
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