[1]
Editor's Note: Former Art. VI, Eureka Tree Ordinance, adopted
by Ord. No. 1809 § 1, 12-21-2004, was repealed by Ord. No. 2510,
10-1-2019.
[Ord. No. 2596, 6-15-2021]
This Article shall be known and may be cited as the "Eureka
Tree Ordinance" of the City of Eureka.
[Ord. No. 2596, 6-15-2021]
(a)Â
Purpose.
It is the purpose of this Article 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 Eureka.
(b)Â
Intent.
It is the intent of the Board of Aldermen that the terms of this Article
shall be construed so as to promote:
(1)Â
The
planting, maintenance, restoration and survival of desirable trees
and shrubs that are on public property within the City of Eureka.
(2)Â
The
protection of community residents from personal injury and property
damage, and the protection of the City of Eureka from property damage
caused or threatened by the improper planting, maintenance or removal
of trees, shrubs or other plants located within the community.
[Ord. No. 2596, 6-15-2021]
As used in this Article the following terms shall have the meanings
indicated:
The official Parks and Recreation Department designed by
the City Administrator given responsibility for administration of
the community forestry program.
Trees, shrubs, bushes and all other woody vegetation in public
parks.
All trees within the municipal boundaries of the City but
not owned by the City.
All street and park trees, and other trees owned by the City.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the City.
The severe cutting back of limbs in stubs larger than three
(3) inches in diameter within the tree's crown to such a degree so
as to remove the normal canopy and disfigure the tree.
[Ord. No. 2596, 6-15-2021]
There is hereby created and established a Forestry Department
for the City, which shall consist of the appropriate Parks and Recreation
staff.
[Ord. No. 2596, 6-15-2021]
No Forestry Department worker shall receive compensation for
services performed on behalf of the City except as it relates to this
tree ordinance.
[Ord. No. 2596, 6-15-2021]
The Forestry Department shall have the following duties:
(a)Â
Review
and approve policies and procedures for the planting, maintenance,
preservation and removal of trees and shrubs on City rights-of-way
and property.
(b)Â
Review
and recommend to the Mayor and Board of Aldermen a budget for the
planting, management, preservation and removal of trees and shrubs
on City rights-of-way and property.
(c)Â
Review
and submit to the Mayor and Board of Aldermen an annual report with
recommendations for the management of trees and shrubs on City rights-of-way
and property.
(d)Â
Perform
such other duties as may be requested by the Mayor and approved by
a majority of the members of the Board of Aldermen.
[Ord. No. 2596, 6-15-2021]
The City Administrator may designate an individual to serve
as the Community Forest Manager and to perform the duties and exercise
the authority conferred upon him/her by City ordinance. This person's
duties will be to execute the management plan for the planting, care,
cultivation, pruning and removal of trees, shrubs and plants to be
planted, preserved and removed or replaced for the City.
[Ord. No. 2596, 6-15-2021]
The City shall maintain an extensive 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 by the Community Forest Manager
to reflect new developments or species that will affect the population
of the community forest.
[Ord. No. 2596, 6-15-2021]
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 ensure public safety. All work done on public trees
will be consistent with the most current American National Standards
Institute A300 Tree Shrub and Other Woody Plant Maintenance - Standard
Practices.
[Ord. No. 2596, 6-15-2021]
No street tree shall be planted that the Community Forest Manager
deems to present an unsafe, hazardous or unlawful location due to
the proximity to streets, sidewalks, curbs, street comers, fire hydrants
or utilities.
[Ord. No. 2596, 6-15-2021]
It shall be unlawful as a normal practice for any person, or
City department to top any street tree, park tree or other tree on
public property. Trees severely damaged by storms or other causes
where other pruning practices are impractical may be exempted from
this Section at the determination of the Community Forest Manager.
[Ord. No. 2596, 6-15-2021]
The City shall have the right to cause the removal of any dead
or diseased trees on private property within the City, when such trees
constitute a hazard to life and property, or harbor insects or disease
which constitute a potential threat to other trees within the City.
The City Forestry Department will notify in writing the owners of
such trees. Said owners at their own expense shall perform the removal
within sixty (60) days after the date of service notice. In the event
of failure of the owners to comply with such provisions, the City
shall have the authority to remove such trees and charge the cost
of the removal on the owners' property tax notice, or directly bill
the owner.
[Ord. No. 2596, 6-15-2021]
The Community Forest Manager or his/her designee is hereby charged
with the responsibility for the enforcement of this Article 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 appropriate proceeding to that end.
[Ord. No. 2596, 6-15-2021]
Any person who violates or causes a violation of any provision of this Article shall be punishable, upon conviction, in accordance with Section 1-7 of this Code, and each day such violation continues shall be deemed a separate offense. Any charge brought under this Section shall be brought by the City, at its option, to the Associate Circuit Court of the City or the Circuit Court of the County. The municipal prosecutor may bring an action in the name of the municipality, to restrain or prevent a violation of any provision of this Article or any continuance of any such violation.
