This chapter shall be known and may be cited as the "Tree Ordinance
of the City of Lapeer."
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular
and words in the singular include the plural. The word "shall" is
mandatory and not merely directory.
LARGE TREES
Those trees attaining a height of 45 feet or more at maturity.
MEDIUM TREES
Those trees attaining a height of 30 to 45 feet at maturity.
MUNICIPAL ARBORIST
The person(s) designated by the City Manager and assigned
to enforce and otherwise carry out the provisions of this chapter.
PARK
All City parks having individual names.
PERSON
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
PROPERTY LINE
The person owning such property as shown by the property
tax records at the City.
PUBLIC TREES AND SHRUBS
All shade and ornamental trees, shrubs, bushes, and all other
woody vegetation, now or hereafter growing in any street right-of-way,
public parks, or public places.
SMALL TREES
Those trees attaining a height of 20 to 30 feet at maturity.
STREET or HIGHWAY
The entire width of every public way or right-of-way, including
alleys, when any part thereof is open to the use of the public for
vehicular and/or pedestrian traffic.
TREE LAWN
That part of a street or highway, not covered by a sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
All shrubs and bushes located in the triangle formed by two
right-of-way lines at the intersection of two streets, and extending
for a distance of 25 feet each way from the intersection of the right-of-way
lines on any corner lot within the City, shall be limited to a height
of not more than 30 inches from the top of the curb at street level
in order to permit drivers of vehicles approaching such intersection
to have an unobstructed view. Trees existing in such triangles, whether
on private property or in public rights-of-way or publicly owned property,
may continue to be so located provided that all branches are trimmed
to maintain a clear vision for a vertical height of 12 feet above
the roadway surface, and provided there is sufficient spacing between
trees so that there is no vision obstruction creating a potential
hazard for drivers using the street.
With regard to trees in City streets, parks, or public places,
unless specifically authorized by permit, no person shall:
A. Damage, cut, or carve any such tree.
B. Attach any rope, wire, nails, advertising posters or other contrivance
to such trees.
C. Allow any gaseous, solid or liquid substance which is harmful to
such trees to come into contact with any such tree.
D. Set fire or permit any fire to burn when such fire or the hear thereof
may injure any portion of any such tree.
No person shall interfere with, hinder, or attempt to hinder
or prevent the Municipal Arborist or any of his/her designees from
the performance of their duties under the provisions of this chapter.
It shall be the duty of the owner or occupant of real property
upon which trees are growing to maintain such trees so the trees do
not:
A. Obstruct or shade streetlights.
B. Obstruct the passage of pedestrians on sidewalks.
C. Obstruct the vision of traffic signs.
D. Obstruct the view at any street or alley intersection.
E. In any way present a public menace or hazard. The minimum clearance
of any overhanging potion of any such tree shall be eight feet over
sidewalk, and 12 feet over all streets except those designated as
truck thoroughfares, in which case, the minimum overhang shall be
16 feet.
Should any section, clause, or provision of this chapter be
declared by the courts to be invalid or unenforceable, the same shall
not affect the validity of the remaining provisions of this chapter.
Any person, firm, or corporation violating any of the provisions
of this chapter shall be guilty of a misdemeanor, and upon conviction
thereof, shall be subject to a maximum penalty of 90 days in jail
and/or a $500 fine.