[Code 1979, § 4.101]
(a)
It is in the best interest of the City and its citizens that a comprehensive
tree management program be adopted, and that laws be adopted to regulate
this program to better control tree planting, tree removal, tree maintenance
and tree protection activities within the City; and in order to better
control problems of air pollution, landscape deterioration and noise
while enhancing the beauty of our City and upholding property values.
(b)
The purpose of this article is to permit management and protection
of trees for public health, safety and the general welfare; to preserve
and promote the City and its landscape resource values; and to define
the power and duties of those who administer this article.
[Code 1979, § 4.102(1) — (8); amended 8-6-2004 by Ord. No. 04-04]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The City Forest Management Commission.
That part of a street not covered by sidewalk or paving,
lying between the property line and the street or alley right-of-way.
The Department of Public Works of the City.
All persons or an organization of any kind who shall engage
in new construction or other improvements in any zoning district of
the City.
Brick, stone, rock, cement, wood (imitation or real) and
metal building materials.
All public parks having individual names and all areas, whether
owned by the City or not, to which the public has free access as a
park.
Any person owning or operating any pole, line, pipe or conduit
located in any public street or over or along any public easement
or right-of-way for the transmission of electricity, gas, telephone
service or telegraph service.
Any tree so determined by the City Forest Management Commission.
All the land lying between property lines on either side
of all streets, alleys, and highways and public right-of-ways in the
City.
The Superintendent of the Department or an authorized representative.
Trees, shrubs, bushes and all other vegetation, whether potted
or not.
[Code 1979, § 4.102(9)]
The provisions of this article, except as otherwise specifically
stated, shall apply only to public streets, parkways, parks and other
land publicly owned or controlled by the City.
[Code 1979, § 4.117]
Any person, including any form of legal entity, who shall violate any provision of this article or who shall disobey any lawful order issued in pursuance of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in § 1-14. Imposition of any penalty for a violation of this article shall not be construed as a waiver of the right of the City to collect from the defendant the costs of the tree work done by the City which the defendant was required to pay but failed to pay under the provisions of this article.
[Code 1979, § 4.118; amended 8-6-2004 by Ord. No. 04-04]
The Superintendent is hereby designated as the agent to enforce
the provisions of this article. If at any time a bona fide dispute
arises or shall exist relative to or under the provisions of this
article, such dispute must first be submitted to the City Forest Management
Commission in accordance with the rules and regulations set forth
by the Commission as provided for under this article.
[Code 1979, § 4.109; amended 8-6-2004 by Ord. No. 04-04]
The planting, maintenance or removal of trees in public places
in the City will be done by the Department of Public Works or their
authorized representative in accordance with adopted policies and
may be accomplished by order of the Superintendent or the City Manager
upon recommendation of the Commission, by resolution of the City Council,
or by petition of parties owning a majority of the lineal footage
of the fronting property along a street or alley. In cases where a
situation of immediate attention is required to ensure public safety,
the Superintendent, City Manager, or their authorized representative
may act independently from the Forestry Commission to resolve the
safety issue.
[Code 1979, § 4.110; amended 8-6-2004 by Ord. No. 04-04]
(a)
Required for tree planting or removal and landscaping within the
right-of-way.
(1)
No person shall plant, transplant or remove any tree, nor landscape
exceeding 12 inches in height upon or from any curb tree lawn, street,
park or public place in the City, nor cause such act to be done by
others without first obtaining a written permit from the office of
the City Clerk and shall do so only on the condition that such plantings
or excavations shall be considered an agreement on his part to maintain
such plantings and excavations at all times during his ownership or
control of them, and to indemnify and save harmless the City against
all damages or actions at law that may arise or be brought by reason
of such planting, removal or excavation. Prior to a permit being issued
for tree removal, the abutting property owner shall be notified and
shall have the first opportunity to acquire the wood from the tree.
(2)
Any planting or excavation exceeding a maximum height of 12
inches at full maturity shall have prior approval of the Forestry
Commission.
(3)
Persons receiving such permit shall abide by the ordinances
and policies adopted by the City.
(b)
Application for permits. Applications for permits must be made at
the office of the City Clerk not less than 72 hours in advance of
the time the work is to be done.
(c)
Permit expiration.
(1)
Each permit granted shall contain an expiration date of one
year as set forth by the Forestry Commission and the work shall be
completed in the time allowed in the permit, and in the manner described
in the permit.
(2)
Any permit issued shall be void if its terms are violated, or
if the work described is not substantially completed by its expiration
date.
(3)
Permit extensions may be considered by the Forestry Commission
if conditions warrant.
(d)
Permit contents.
(1)
Every permit issued by the City Clerk shall describe work to
be done, or state the number of trees to be removed or planted and
the location, size, species or variety of each tree, the method of
planting, landscaping and landscaping materials, and other information
that the Superintendent and Forestry Commission may require to ensure
that the work will be done properly.
(2)
Whenever any tree or landscaping is in conflict with the provisions
of the permit, it shall be lawful for the Superintendent to cause
removal of the tree, and the cost for removal shall be assessed to
the permittee as provided by law in the case of special assessments.
(e)
Permit fee and supervision.
(1)
No charge shall be made for any permit unless it is necessary
to retain a consultant to supervise the provisions of the permit,
and in such case the Forestry Commission shall determine the charge
for the service based on actual cost plus an additional 1% of the
actual cost of the service for City administrative purposes.
(2)
In issuing any and all permits, the City Clerk shall act promptly
and shall keep duplicate records of all permits issued and of compliance
therewith.
(3)
Permits for all tree management activities will be issued only
after the Superintendent or the Commission makes a thorough investigation
as to the advisability of the proposed work.
[Code 1979, § 4.111; amended 8-6-2004 by Ord. No. 04-04]
(a)
Generally. Developers shall be required to fulfill tree planting
and protection requirements as provided under the ordinances and policies
of the City and its Forestry Management Commission including, but
not limited to, subdivision regulations and site plan requirements.
[Code 1979, § 4.112; amended 8-6-2004 by Ord. No. 04-04]
Unless a permit shall have been issued by the City Clerk and
approved by the Forestry Commission, it shall be unlawful for any
persons to do the following to any trees in or upon any curb tree
lawns, parks or other public places:
(1)
Fasten any sign, card, poster, wire, rope or other material to, around
or through any tree or its guard, except in emergencies such as storms
or accidents, except for any nursery tag identifying its species or
care.
(2)
Remove, break, injure, mutilate, kill, cut, peel or destroy any tree
or shrub by any means or in any manner.
(3)
Permit any fire to burn where such fire will injure any portion of
any tree or shrub.
(4)
Permit any toxic chemical to seep, drain, or to be emptied on or
about any tree or shrub.
(5)
Deposit, store, place or maintain, on any street, highway or other
public place, any brick, sand, stone, concrete or other material which
may impede free passage of water, air and fertilizer to the roots
of any tree or shrub growing therein.
(6)
Fail to repair or stop any leak existing or occurring in any gas
pipe or main within a radius of 40 feet of any tree.
(7)
Knowingly permit any electrical wire to come into contact with any
tree or shrub.
(8)
Allow excavations and driveways to be placed within five feet of
any tree without written permit from the Forestry Commission or Superintendent.
Any person making such excavation or construction shall guard any
tree within six feet thereof, and all building materials or other
debris shall be kept at least four feet from any tree.
(9)
Plant any prohibited species of tree.
(10)
Place any tree or landscaping material in the right-of-way that creates
a public nuisance or safety issue.
[Code 1979, § 4.113; amended 8-6-2004 by Ord. No. 04-04]
The cost of public trees growing on streets, curb tree lawns,
parks or other public places which are destroyed or damaged to the
point where repair or replacement is needed shall be paid for by the
owner and or the person causing such damages in the amount needed
to replace or repair the destroyed or damaged trees. The Commission
shall determine all questions of cost related to damage. Any value
realized from any tree removed from public property shall be for the
exclusive benefit of the City.
[Code 1979, § 4.114; amended 8-6-2004 by Ord. No. 04-04]
The Superintendent, Forestry Commission, or their agents, shall
have authority to enter upon private property at all reasonable hours
for purposes of examining any trees, shrubs, plants or vines where
hazardous conditions, destructive insects or diseases are suspected.
The Superintendent, Forestry Commission, or their agents may remove
such specimens as are required for analysis to determine the presence
of insect, disease or other detrimental conditions. It shall be unlawful
for any person to prevent the Superintendent, Forestry Commission,
or their agents from entering private property for purposes of carrying
out his duties under this article.
[Code 1979, § 4.115; amended 8-6-2004 by Ord. No. 04-04]
(a)
When the Superintendent, Forestry Commission, or their agents shall
discover that any tree growing on private property within the City
is afflicted with any dangerous insect, infestation, disease or condition,
he shall immediately serve a written notice upon the property owner
or his agent describing the tree, the location, the nature of the
insect infestation, disease or condition, and order the owner or his
agent to take necessary measures to abate the insect infestation,
or disease or condition, to prevent the spreading thereof, and shall
specify the corrective measures required to be taken. This notice
may require the pruning, treatment or destruction of the affected
trees as reasonably necessary. Every such notice shall be complied
with within a definite time as stated in the notice.
(b)
If at the expiration of the time limit in the notice, the owner has
not complied with the requirements of the notice, the Superintendent
or his agents shall carry out the requirements of the notice. The
cost of completing the work necessary to resolve the condition complained
of shall be assessed against the property on the next general assessment
roll of the City.
[Code 1979, § 4.116; amended 8-6-2004 by Ord. No. 04-04]
(a)
Any tree growing on private property and so located as to extend
its branches over a public street, highway, sidewalk, park or other
public place, or so located as to become a traffic hazard, shall be
trimmed or removed by the property owner on whose property the tree
stands, so as to remove the obstruction from the public street, highway,
sidewalk, park or public place and so as to eliminate the traffic
hazard and the menace and the danger to the public, pursuant to written
notice by and under the supervision of the Superintendent.
(b)
When notice is given pursuant to Subsection (a) of this section, the property owner will be given a reasonable and definite time to comply with the order as set by the Forestry Commission, unless an immediate hazard exists. If the work is not satisfactorily completed within that time, the Superintendent or his agents may enter upon the property, make the necessary trimming or removals, and properly dispose of them. All or part of the costs involved in the trimming or removal when done by the Superintendent or his agents shall be assessed against the property on the next general assessment roll of the City. The City shall have the right to trim any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light.
[Code 1979, § 4.103; amended 3-17-2003 by Ord. No. 03-03]
There is hereby created and established a City Forest Management
Commission for the City, which shall consist of five members, citizens
and residents of the City, who shall be appointed by the Mayor with
the approval of the City Council. Included in the five shall be at
least one Councilmember. The City Forest Management Commission shall
be referred to in this article as the Commission.
[Code 1979, § 4.104; amended 3-17-2003 by Ord. No. 03-03; 7-19-2004 by Ord. No. 04-03]
(a)
The term of office of the five appointed members of the Commission
shall be three years; except that the term of the Councilmember shall
coincide with the term of the office of Councilmember.
(b)
The Forestry Commission shall meet on a monthly basis with an annual
meeting being held in January of each year.
[Code 1979, § 4.105]
(a)
The Commission shall have full power and authority over all trees,
plants and shrubs planted or hereafter planted in the streets, highways,
parks and public grounds of the City, and upon lands within the control
of the City.
(b)
Furthermore, the maintenance of such trees, plants and shrubs shall
be subject to such rules and regulations as the Commission may adopt,
and the Commission shall have the right to add new rules and regulations
from time to time as may be required for the proper care of such trees,
plants and shrubs.
[Code 1979, § 4.106; amended 7-19-2004 by Ord. No. 04-03]
(a)
It shall be the responsibility of the Commission to study, investigate,
counsel and develop and/or update annually, and administer a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Such plan will be presented annually to the City
Council along with the department's proposed budget and upon its acceptance
and approval shall constitute the Official Comprehensive City Tree
Plan for the City.
(b)
The Commission may retain a consultant to assist the Commission in
the technical matters of forestry management.
(c)
The Commission, when requested by the City Council or administration,
shall consider, investigate, make a finding, report and recommend
upon any special matter or question coming within the scope of its
work.
[Code 1979, § 4.107; amended 7-19-2004 by Ord. No. 04-03]
[Code 1979, § 4.108]
(a)
The Commission shall, on behalf of and with the consent of the City
Council, have authority to receive gifts or bequests from any person
for the planting and/or maintenance of trees and shrubs on any street
or public property.
(b)
Such gifts or bequests shall be received by the City and maintained
in a special fund for the above purpose.
