[1]
Prior ordinance history: Ords. 28 and 917.
A. 
Much of the beauty of the city of Prosser is concentrated in the trees situated in and along the public rights-of-way within the city of Prosser.
B. 
In order to maintain, preserve and enhance the beauty of the city of Prosser, it is desirable that standards be established.
C. 
Regulation of planting, pruning, and removal of street trees in the public rights-of-way is necessary to public health, safety or welfare.
(Ord. 1255 § 1, 1983; Ord. 3200 § 1, 2023)
A. 
"Street trees"
are defined as trees on public rights-of-way within the city.
B. 
"Top"
is herein defined as the severe cutting back of tree limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ord. 1255 § 2, 1983; Ord. 3200 § 2, 2023)
A. 
The American National Standards Institute, Inc., ANSI A300 pruning standards as now existing or as hereafter may be amended are hereby adopted by the city of Prosser. All persons pruning street trees shall comply with ANSI A300's standards.
B. 
All persons pruning or removing street trees shall comply with Chapter 296-45 WAC as now existing or as hereafter may be amended.
(Ord. 1255 § 3, 1983; Ord. 3200 § 3, 2023)
A. 
The mayor or his or her designee shall prepare standards for street trees for recommendation to the city council. The standards for street trees for the city shall be adopted by resolution by the city council, which shall apply for all purposes of this chapter.
B. 
"Standards" for the purpose of this section shall mean the following:
1. 
Preparing a list of trees that are both suitable for Prosser's climate and which will not damage adjacent public infrastructure for planting as street trees.
(Ord. 1255 § 5, 1983; Ord. 3200 § 5, 2023)
It shall be unlawful to prune, trim, repair, remove, or plant street trees without having secured a permit therefor. Application for such permits shall be made to the city clerk and referred to the public works director before issuance, and shall be subject to this chapter and the standards adopted under this chapter. No permit shall be issued without the applicant having signed an agreement in writing to comply with this chapter and the standards adopted under this chapter. The city's public works director may waive the requirement for a permit for utilities or franchisees working in the right-of-way.
(Ord. 1255 § 6, 1983; Ord. 3200 § 6, 2023)
It shall be unlawful for any person to top any street tree. Street 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 chapter at the determination of the city's public works director.
(Ord. 1255 § 7, 1983; Ord. 3200 § 7, 2023)
All stumps of street trees shall be removed six inches or more below the original ground level existing before the removal of the street tree.
(Ord. 1255 § 8, 1983; Ord. 3200 § 8, 2023)
Every permit for the removal of a street tree shall state whether a replacement tree meeting the standards adopted by the city of Prosser shall be planted, and the location the replacement tree is to be planted. The replacement street tree shall be planted by the permittee within one growing season after the street tree was removed unless additional time is granted by permit.
(Ord. 1255 § 9, 1983; Ord. 3200 § 9, 2023)
Fees for all permits required by this chapter shall be paid in the amount established on the city's fee ordinance.
(Ord. 3200 § 10, 2023)
Any person violating any provisions of this chapter, or the standards adopted under this chapter, shall commit a Class 1 civil infraction and shall pay the penalty provided for in Chapter 1.40.
(Ord. 1255 § 11, 1983; Ord. 3200 § 11, 2023)