[HISTORY: Adopted by the Common Council of the City of Port
Jervis 3-14-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 389.
Streets, sidewalks and public property — See Ch. 464.
Trees — See Ch. 492.
[1]
Editor's Note: This local law also repealed former Ch.
153, Shade Tree Commission, adopted 1-23-1995 by L.L. No. 2-1995 (Ch.
149 of the 1981 Code).
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the City or to
which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways and four feet of street frontage property lines within the
City.
There is hereby created and established a City Shade Tree Commission
for the City of Port Jervis. The Commission shall consist of seven
members. Of those seven members, one shall be a resident of the First
Ward of the City, one shall be a resident of the Second Ward of the
City, one shall be a resident of the Third Ward of the City and one
shall be a resident of the Fourth Ward of the City. The remaining
three members shall be at-large members and therefore need only to
be City residents to qualify to serve. All members shall be appointed
by the Mayor with the advice and consent of the majority of the Common
Council. A majority shall mean at least five members of the Common
Council and not simply the majority of a quorum. Members of the Commission
shall serve at the pleasure of the Mayor and Common Council and continue
to serve until their replacements are appointed and qualified.
Members of the Commission shall serve without compensation.
The responsibilities of the Commission shall include but are
not limited to the following issues: to study, investigate, develop
and/or update annually and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition
of trees, shrubs and bushes in parks, along streets and in other public
areas. This plan shall constitute the Official Comprehensive City
Tree Plan for the City of Port Jervis.
The Commission shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
The Commission shall develop and maintain a list of desirable
trees for planting along streets in three size classes based on mature
height: small (under 20 feet), medium (20 feet to 40 feet) and large
(over 40 feet). Lists of trees not suitable for planting will also
be created by the Commission.
The spacing of street trees shall be in accordance with the three size classes listed in § 153-6, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet, except in special plantings designed or approved by a landscape architect.
The distance trees may be planted from sidewalks will be no
closer than four feet of street frontage property.
It shall be unlawful for any person to prevent, delay or interfere
with the Commission or any of its agents while engaging in and about
the planting, cultivating, mulching, pruning, spraying or removing
of any street trees or park trees as authorized in this chapter.
The Common Council shall have the right to review the conduct,
acts and decisions of the Commission. Any person may appeal from any
ruling or order of the Commission to the Common Council, which may
hear the matter and make final decisions.
No street trees other than those species listed as small trees in § 153-7 of this chapter may be planted under or within 10 feet of any overhead utility wire.
If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which judgment shall have been rendered.
This chapter supersedes Chapter 153, which is hereby repealed in its entirety.
