A. The Forester shall prepare or cause to be prepared as soon as possible after passage of this Section and annually thereafter, a list of trees within the City which, because of their age, size, type, historical association or horticultural value, are of special importance to the City. Upon recommendation of the Urban Forestry Commission, the Council may designate such a tree a "Heritage Tree", provided that the tree’s health aerial space and open ground area for the root system have been certified as sufficient by a qualified arboriculturist. No tree standing on private property shall be designated a "Heritage Tree" without the consent of the property owner; however, the consent of a property owner shall bind all successors, heirs and assigns. Upon unanimous recommendation of the Urban Forestry Commission, the Council may remove the designation of any tree as a Heritage tree if it finds that such designation no longer is appropriate.

B. When a tree is designated as a Heritage Tree, a plaque so signifying may be placed near the tree. The Forester shall maintain all Heritage Trees located on City property or on public rights of way within the City. Subject to the requirements and limitations of subsections C and D of this section, it shall be the duty of every owner of property upon which a Heritage Tree is standing to maintain that tree. The Forester may give advice and assistance to property owners regarding proper maintenance of Heritage Trees. If, in the judgment of the Forester, a Heritage Tree, whether standing on public or private property, has become a hazard, the Forester shall have the authority to effect its removal, subject to the requirements of Subsection D of this Section.

C. It shall be unlawful for any person, without a prior written permit from the Forester, to remove, destroy, cut, prune, break, or injure any Heritage Tree, to injure, misuse or remove any device set for the protection of any Heritage Tree, or to cause or authorize or procure any person to do so. The Forester shall report to the Urban Forestry Commission all such permits issued.