[R.O. 1992 § 255.010; Ord. No. 05-9725 § 1, 2-7-2005]
As used in this Chapter, the following
terms shall have these prescribed meanings:
The official (public employee) representative of the Washington
Urban Forestry Council (WUFC) and as such is responsible for administration
of the community forestry program. The Community Forest Manager will
be appointed by the City Administrator.
A tree, shrub, bush and all other woody vegetation in public
parks.
All trees within municipal boundaries but not owned by the
City.
Trees, shrubs, bushes and all other woody vegetation owned
by the City as a total resource.
[R.O. 1992 § 255.020; Ord. No. 05-9725 § 2, 2-7-2005]
A.
It is the purpose of this Chapter to promote
and protect the public health, safety and general welfare by providing
for the regulation of the planting, maintenance and removal of trees,
shrubs and other plants within the City of Washington, Missouri. It
also is to manage Washington's community forest in a strong, healthy
condition for today and the future of Washington, Missouri.
B.
Intent. It is the intent of the City Council
of Washington, Missouri, that the terms of this Chapter shall be construed
so as to promote:
1.
The planting, maintenance, restoration
and survival of desirable trees, shrubs and other plants within the
City.
2.
The protection of community residents
from personal injury and property damage and the protection of the
City of Washington from property damage caused by or threatened by
the improper planting, maintenance or removal of trees, shrubs or
other plants located within the community.
[R.O. 1992 § 255.030; Ord. No. 05-9725 § 3, 2-7-2005]
There is hereby created and established
a Washington Urban Forestry Council for the City of Washington, Missouri,
which shall consist of a maximum of eight (8) members who shall be
appointed by the Mayor with the approval of the City Council. The
Community Forest Manager shall be an ex officio member of the Washington
Urban Forestry Council.
[R.O. 1992 § 255.040; Ord. No. 05-9725 § 4, 2-7-2005]
A.
Of those initially appointed to the first
Board, the term of three (3) members appointed shall be one (1) year,
and the term of two (2) members appointed shall be two (2) years,
and the remaining members shall be appointed for three-year terms.
Upon the expiration of these initial terms, all members shall thereafter
be appointed to terms of three (3) years.
B.
Within thirty (30) days after the appointment
of the initial Board and every year after, the Board will select one
(1) of its members President and one (1) Vice President. It shall
also select a Secretary.
[R.O. 1992 § 255.050; Ord. No. 05-9725 § 5, 2-7-2005]
Members of the Washington Urban Forestry
Council shall serve without compensation.
[R.O. 1992 § 255.060; Ord. No. 05-9725 § 6, 2-7-2005]
A.
It shall be the responsibility of the Washington
Urban Forestry Council to study, investigate, counsel, develop and/or
update annually, and administer written plans (annual or long-range)
for the care, replacement, maintenance and removal or disposition
of trees and shrubs in parks, along streets and in other public areas.
Such plans will be presented periodically to the City Council and
upon its acceptance and approval shall constitute the official comprehensive
City tree plan for the City of Washington, Missouri.
B.
The Washington Urban Forestry Council,
when requested by the City Council, shall consider, investigate, make
funding available, report and recommend upon any special matter or
question relating to trees.
[R.O. 1992 § 255.070; Ord. No. 05-9725 § 7, 2-7-2005]
The Community Forest Manager shall
maintain a list of recommended trees for planting in public areas.
The purpose of this listing will be to maintain diversity in the total
tree population. This list shall be available to residents of the
City upon request to aid in the selection of trees for private and
public properties. The list of recommended trees shall be updated
periodically to reflect new developments or species that will affect
the population of the community forest.
[R.O. 1992 § 255.080; Ord. No. 05-9725 § 8, 2-7-2005]
Special permission must be obtained
from the Community Forest Manager when planting trees within ten (10)
feet of any point on a line on the ground immediately below any overhead
utility wire.
[R.O. 1992 § 255.090; Ord. No. 05-9725 § 9, 2-7-2005]
A.
The City shall have the right to plant,
prune, maintain and remove trees, plants and shrubs within the rights-of-way
or bounds of all streets, alleys, lanes, squares and public grounds
as may be necessary to insure public safety. All tree pruning and
removal will be done in accordance with the most current ANSI A300
Tree Shrub and Other Woody Plant Maintenance Standard Practices.
B.
The City may remove, cause or order to
be removed any tree or part thereof which is in an unsafe condition
or which, by reason of its nature, is injurious to electric power
lines or other public improvements or is seriously affected with any
fatal disease.
[R.O. 1992 § 255.100; Ord. No. 05-9725 § 10, 2-7-2005]
No person, firm or corporation (except
for authorized City personnel or others authorized by the City) shall
cut, prune or remove any part of the public community forest. Violation
of this provision shall, upon conviction, be punished by a fine of
five hundred dollars ($500.00) for each tree, shrub or bush or by
imprisonment in the City or County Jail for a term not exceeding ninety
(90) days, or both fine and imprisonment. Violating any other provision
or failing to comply with any notice issued pursuant to the provisions
of this Chapter shall, upon conviction, be punished by a fine not
exceeding five hundred dollars ($500.00) per violation or by imprisonment
in the City or County Jail for a term not exceeding ninety (90) days,
or by both such fine and imprisonment.
[R.O. 1992 § 255.110; Ord. No. 05-9725 § 11, 2-7-2005]
It shall be unlawful for any person,
firm or City department to top or round off any public tree on public
property. "Topping" or "rounding off" is defined as the systematic
cutting back of limbs within the tree's crown to such a degree as
to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes or certain trees under utility wires
or other obstructions where other pruning practices are impractical
may be exempted from this Section at the determination of the Community
Forest Manager or the Washington Urban Forestry Council.
[R.O. 1992 § 255.120; Ord. No. 05-9725 § 12, 2-7-2005; Ord. No. 08-10438 § 2, 7-7-2008]
Clearance over streets and walkways
shall be the responsibility of the abutting property owner. A clearance
of ten (10) feet must be maintained over walkways and a clearance
of fifteen (15) feet must be maintained over streets and alleys.
[R.O. 1992 § 255.130; Ord. No. 05-9725 § 13, 2-7-2005]
It shall be unlawful for any person
to prevent, delay or interfere with the Community Forest Manager,
the Washington Urban Forestry Council or any of its representatives
or agents while engaging in and about the planting, cultivating, mulching,
pruning, spraying or removing of any trees within the public community
forest.
[R.O. 1992 § 255.140; Ord. No. 05-9725 § 14, 2-7-2005]
The Community Forest Manager is hereby
charged with the responsibility for the enforcement of this Chapter
and may serve notice to any person, firm or corporation in violation
thereof or institute legal proceedings as may be required and the
City Attorney is hereby authorized to institute proceedings to that
end.
