[HISTORY: Adopted by the Town Council of the Town of Pinedale 1991 by Ord. No. 219; amended in its entirety 1992 by Ord. No. 220 (Ch. 12.30 of the 1983 Municipal Code). Subsequent amendments noted where applicable.]
This chapter provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places of the Town; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein.
[Amended 3-26-2007 by Ord. No. 2007-406; 3-10-2014 by Ord. No. 508]
There is hereby created and established a Tree/Park Board for the Town of Pinedale, which shall consist of five members, citizens and residents of this area, who shall be appointed by the Mayor with the approval of the Town Council. Members of the Board shall serve without compensation.
The term of the members of the Tree/Park Board shall be three years, except that the initial term of two members shall be for one year and the term of two members shall be for two years. In the event a vacancy shall occur during the term of any member, a successor shall be appointed by the Mayor for the unexpired portion of the term.
Town staff shall propose a comprehensive community tree management program for the care of trees on public property and submit it to the Tree/Park Board to administer.
Town staff shall produce an annual work plan addressing planting, watering, fertilization, removal of dead and hazardous trees, safety, fine pruning and insect and disease control; and then submit it for approval to the Tree/Park Board.
The Tree/Park Board shall recommend to the Town Council needed action to carry out its annual work plan. Any action approved by the Town Council shall be carried out by the Town.
The Tree/Park Board shall recommend to the Town Council needed action in regard to maintenance and improvements to the park system of the Town. Any action approved by the Town Council shall be carried out by the Town.
In new subdivisions or when the development of commercial property occurs, the Town Council, upon recommendation of the Planning and Zoning Commission, may require trees to be planted in any of the streets, parking lots, parks and other public places contained on the plat of lands henceforth developed and/or subdivided.
No trees, other than small trees, may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease of insect infestations, the Town shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified in such notice.
The Town through its designee has the authority to enter onto private property whereon there is located any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct streetlights, traffic signs, or the free passage of pedestrians or vehicles; or a tree that poses a threat to safety, and to require the property owner to abate such condition or conditions.
[Amended 8-23-2010 by Ord. No. 461]
Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violation, shall be subject to the general penalty provisions in Chapter 1, Article IV, General Penalty. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense.