06/20/2026
Information relating to the City of Marathon Tree Ordinance.
TITLE VI
CHAPTER 3: TREES
ARTICLE 3 - GENERAL PROVISIONS
3.01
3.02
3.03
3.04
DEFINITION. For use in this chapter, "parking" means that part of the street, avenue or
highway in the City not covered by sidewalk and lying between the lot line and the curb
line; or, on unpaved streets, that part of the street, avenue or highway lying between the
lot line and that portion of the street usually traveled by vehicular traffic.
PLANTING RESTRICTIONS. No tree shall be planted in any parking or street except in
accordance with the following:
1. Alignment. All trees planted in any street shall be planted in the parking midway
between the outer line of the sidewalk and the curb. In the event a curb line is not
established, trees shall be planted on a line ten (10) feet from the property line.
2. Spacing. Trees may be planted on the parking if it is six (6) feet or more in width and
the tree is thirty (30) feet or more from an intersection. Trees should be planted thirty
(30) to forty (40) feet from each other. Trees planted under overhead utility wires and
on parkings with a width between six (6) and nine (9) feet shall be of a variety that
will be less than twenty-five (25) feet high at maturity. If it is at all possible, trees
should be planted inside the property lines and not between the sidewalk and the curb.
3. Prohibited Trees. These trees are prohibited from being planted on the public right-of-
way in the City: American Elm, Russian Olive, Boxelder, Catalpa, Weeping Birch,
Willow, Green Ash, Mulberry, Bolleana. Poplar, Silver Maple, Tree of Heaven,
Lombardy Poplar, Austrian Pine, Hybrid Poplar, Black Cottonwood, White Poplar,
Jack Pine or any fruit-bearing tree.
4. Tree Topping. Tree topping is not an accepted form of proper pruning. No public trees
that are not under utility lines shall be topped.
DUTY TO TRIM TREES. The owner or agent of the abutting property shall keep the trees
on, or overhanging the street, trimmed so that all branches will be at least fifteen (15) feet
above the surface of the street and ten (10) feet above the sidewalks. If the abutting
property owner fails to trim the trees, the City may serve notice on the abutting property
owner requiring that such action be taken within five (5) days. If such action is not taken
within that time, the City may perform the required action and assess the costs against the
abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2c, d & el)
TRIMMING TREES TO BE SUPERVISED. Except as allowed in Section 3.03, it is
unlawful for any person to trim or cut any tree in a street or public place unless the work is
done under the supervision of the City.
373
City of Marathon, Iowa 2020 Municipal Code of Ordinances
TITLE VI
3.05 INSPECTION AND REMOVAL. The Council shall inspect or cause to be inspected any
trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such
trees and shrubs shall be subject to the following:
1. City Property. If it is determined that any such condition exists on any public
property, including the strip between the curb and the lot line of private property,
the Council may cause such condition to be corrected by treatment or removal. The
Council may also order the removal of any trees on the streets of the City which
interfere with the making of improvements or with travel thereon.
2. Private Property. If it is determined with reasonable certainty that any such
condition exists on private property and that danger to other trees or to adjoining
property or passing motorists or pedestrians is imminent, the Council shall notify by
certified mail the owner, occupant or person in charge of such property to correct
such condition by treatment or removal within fourteen (14) days of said
notification. If such owner, occupant or person in charge of said property fails to
comply within fourteen (14) days of receipt of notice, the Council may cause the
condition to be corrected and the cost assessed against the property.
(Code of Iowa, Sec. 364.12[3b & h)
374