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with Sections 706.07 through 706.08 and the guidelines listed in the Public Tree Master Plan. D. Abuse or Mutilation: No person shall on public property and right of way: 1. Damage, cut, remove, carve, kill or injure trees, shrubs or herbaceous plants. 2. Trim, prune, remove, spray or otherwise treat trees, shrubs or herbaceous plants without first obtaining a public tree permit. 3. Attach any rope, wire or other contrivance to any tree, shrub or herbaceous plant. 4. Cause or permit any wire charged with electricity or any gaseous liquid or solid substance to come in contact with trees, shrubs or herbaceous plants which are located on, or extend over, any public street, boulevard, park or other public place without a permit. E. Public Tree Permits: 1. No person shall plant, remove or treat trees, shrubs or herbaceous plants on a public boulevard without first obtaining a public tree permit from the City Forester. 2. The following provisions apply to the issuance of public tree permits for planting, treating or removing trees, shrubs and/or herbaceous plants on public property, especially the boulevard: a. Application Data: The application required under this Section shall state the number of trees, shrubs and/or herbaceous plants to be planted, the location, size and specific species of each tree or plant. b. Standards for Issuance: A permit shall be issued after the application has been determined to be in compliance with the Public Tree Master Plan and the requirements of this Section and related sections by the City Forester. c. Replacement: As a condition to the granting of a tree removal permit, the City Forester may require the applicant to relocate or replace trees, shrubs and/or herbaceous plants to be consistent with the Public Tree Master Plan. d. Bond Requirements: A posted bond or cash escrow may be required in an amount to be determined by the City Forester conditioned upon satisfactory compliance with the terms of the permit. e. Permit Denial: If a planting or removal permit is denied, the reason(s) for denial shall be set forth in writing and given to the applicant, within 20 days of receipt of application. f. Denial Appeal: Any applicant adversely affected by the decision may appeal to the City Tree Board and, finally, to the City Council. F. Areas Not Applicable: The provisions of subsection D above shall not apply to: 1. The removal of trees on public easements/rights of way, conducted by, or on behalf of, a Federal, State, County, Municipal or other governmental agency in pursuance of its lawful activities or functions in construction or improvements. 2. The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facility's operation by the utility. 706.09: DUTIES OF PRIVATE LANDOWNERS: It shall be the duty of any person owning private property to comply with the following: A. Planting on Private Property: No person shall plant or allow to be planted on any privately owned property any tree, shrub or herbaceous plant listed in the Public Tree Master Plan as prohibited. B. Acceptable Plant Materials: Acceptable plant materials shall not have characteristics detrimental to the public welfare such as: 1. susceptibility to pests, as determined by the MNDNR, Minnesota Department of Agriculture (MDA) and the City Forester 2. susceptibility to wind damage 14