[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; 3-25-2019 by Ord. No. 647; 6-24-2019 by Ord. No. 655; 1-11-2021 by Ord. No. 678]
A.
There is hereby created and established a Park and Tree Board for
the Town of Pinedale, which shall consist of five voting members.
A quorum shall consist of three members of the Board. These members
shall be residents of the Town of Pinedale, who shall be appointed
by the Mayor with the approval of the Town Council. Members of the
Board shall serve without compensation.
B.
The term of the members of the Park and Tree Board shall be three
years with terms staggered such that no more than two members'
terms shall expire in any one year. 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. Any member of the Park
and Tree Board may be removed at any time by the Mayor with or without
cause.
C.
Town staff shall propose a comprehensive community tree management
program for the care of trees on public property and submit it to
the Park and Tree Board to administer.
D.
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 Park and Tree Board.
E.
The Park and Tree 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.
F.
The Park and Tree 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.
A.
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.
B.
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.
