[HISTORY: Adopted by the Common Council of the City of Lockport 3-25-1946.
Sections 176-1, 176-2, 176-4, 176-5, 176-8, 176-9, 176-10A, B, C and F, 176-11,
176-12C, E, H and I, 176-13, 176-14 and 176-15 amended during codification;
see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
[Amended 11-2-1983]
The Park and Shade Tree Commission of the City of Lockport shall have
exclusive jurisdiction, authority, control, supervision and direction over
all trees, plants and shrubs planted or growing in or upon the public highways
and all public places of the City of Lockport, and the planting, removal,
care, maintenance and protection thereof. All powers or directions given to
the Superintendent of Parks in the following provisions of this chapter shall
be subject to the approval of the Park and Shade Tree Commission.
[Amended 11-2-1983; 1-20-1988]
A.
Except upon order of the Superintendent of Highways and
Parks or his official designee, it shall be unlawful for any person, firm
or corporation or the officer or employee of a corporation, without a written
permit from the Superintendent of Highways and Parks, to remove, destroy,
cut, spray, break, climb or injure any tree, plant or shrub or portion thereof
that is planted or growing in or upon any public highways or public place
within the City of Lockport or to cause, authorize or procure any person to
remove, destroy, cut, spray, break, climb or injure any such tree or shrub
or portion thereof or to injure, misuse or remove or cause, authorize or procure
any person to injure, misuse or remove any device set out for the protection
of any tree, plant or shrub in or upon any public highway or public place.
B.
Any person, firm or corporation or officer or employee of a corporation desiring for any lawful purpose to remove, destroy, cut, spray, prune, treat with a view to its preservation from disease or insects or trim any tree, plant or shrub in or upon any public highway or public place shall make application on blanks furnished by the City to the Superintendent of Highways and Parks or his official designee. Such application must state the number and kind of trees to be trimmed, removed or treated and the kind and condition of the nearest trees upon the adjoining property. If, in the judgment of the Superintendent of Highways and Parks or his official designee, the desired removing, cutting, spraying, pruning, treatment or trimming shall appear necessary and the proposed method and workmanship thereof shall be such as the Superintendent of Highways and Parks or his official designee approves, the Superintendent of Highways and Parks or his official designee may thereupon issue a written permit for such work and forward said permit to the City Clerk for his review under Subsection C below. Any work done under such written permit must be performed in strict accordance with the terms thereof, including a description of the location of the tree, the person who will do the work and the work that is to be done, and the provisions of this chapter and under the supervision and direction of the Superintendent of Highways and Parks or his official designee.
C.
Any permit issued by the Superintendent of Highways and
Parks or his official designee must also be countersigned by the City Clerk.
Before the City Clerk signs said permit, he shall require the prospective
holder of the permit to furnish a certificate of insurance naming the City
as an additional insured and holding the City harmless from any and all claims
or lawsuits arising out of or connected to the work done under the permit.
The certificate of insurance shall include a clause that requires at least
a ten-day notice of cancellation.
It shall be unlawful for any person, firm or corporation owning or using
or having control or charge of gas or other substance deleterious to tree
life to allow such gas or other deleterious substance to come into contact
with the soil surrounding the roots of any tree, shrub or plant in any public
highway or public place in such manner as shall kill or destroy or may injure
such tree, shrub or plant. It shall also be unlawful for any person, firm
or corporation to cause, authorize or procure any salt, brine water, oil,
liquid dye or other substance deleterious to tree life to lie, leak, pour,
flow or drip on or into the soil about the base of such tree, shrub or plant
or onto any sidewalk, road, pavement or gutter therein at a point whence such
substance may be lying on or be flowing, dripping or seeping into such soil,
or in any other manner whatsoever injure such tree, shrub or plant, or to
cause or procure such lying, leaking, flowing, dripping, seeping or injuring.
[Amended 1-20-1988]
It shall be unlawful for any person, firm or corporation, except with
a written permit of the Superintendent of Parks, to place or maintain upon
the ground in any public highway or public place any stone, cement or other
impervious material or substance in such a manner as may obstruct the free
access of air and water to the roots of any tree, plant or shrub in any such
highway or place. Unless otherwise provided for in such written permit, there
must be maintained about the base of the trunk of each tree in such highway
or place at least nine square feet of ground for a tree three inches in diameter,
and for every two inches of increase of such diameter, there must be an increase
of at least one square foot of open ground.
[Amended 11-2-1983]
It shall be unlawful for any person, firm or corporation to cause, authorize
or procure a wire or other conductor charged with electricity to come into
contact with any tree, plant or shrub in or upon any public highway or public
place in such manner as may injure or abrade or shall destroy or kill such
tree, plant or shrub. Every person, firm or corporation shall, when and if
the Superintendent of Parks determines it to be necessary in order to prune
or cut down any tree growing in or upon a public highway or public place,
temporarily remove any wire or wires or cut off the electricity within 24
hours after service upon the owner of such wire or wires, or his or its agent,
of a written notice signed by the Superintendent of Parks to remove such wires
or cut off such electricity.
It shall be unlawful for any person, firm or corporation to attach or
keep attached to any tree, plant or shrub in or upon any public highway or
public place, or to the guard or stake intended for the protection of such
tree, any rope, wires, chains, signs or other device whatsoever, except for
the purpose of protecting it or the public.
It shall be unlawful for any person, firm or corporation to tie any
horse or other animal to any tree, plant or shrub in or upon any public highway
or public place, or, having charge of such horse or other animal, to allow
or cause or procure it to injure such tree, plant or shrub, or for any person
in charge of such horse or other animal to cause or allow it to stand so that
it can injure such tree, plant or shrub.
During the erection, repair, alteration or removal of any building or
structure, it shall be unlawful for the person or persons in charge of such
erection, repair, alteration or removal to leave any tree in or upon any public
highway or public place in the vicinity of such building or structure without
such good and sufficient guard or protectors as shall prevent injury to such
tree arising out of or by reason of such erection, repair, alteration or removal.
All moving or removing of trees, plants and shrubs in or upon any public highway
or place made necessary for the moving of a building or structure or any other
purpose shall be done by the Superintendent of Parks or under his supervision,
at the expense of the applicant. Should such moving or replanting cause the
death of such tree, plant or shrub, the applicant shall replace the same at
his expense.
Trees on any lot or land adjacent to any public highway or public place
and having branches projecting into the public high-way or place shall, under
the supervision of the Superintendent of Parks, be kept trimmed by the owner
or owners or occupant of the property on which such trees are growing so that
the lowest branches shall not be less than 15 feet from the ground. The Superintendent
of Parks may, however, allow newly planted trees to remain untrimmed, provided
they do not interfere with persons using the sidewalk or obstruct the light
of any street electric lamp. In case the owner or owners, occupant or occupants
shall neglect or refuse to trim such tree or trees on being notified in writing
so to do by the Superintendent of Parks, it shall be the duty of such Superintendent
of Parks, after one week from the date of such written notice, to cause the
trimming to be done and the cost thereof to be collected from such owner or
occupant.
A.
It shall be unlawful for any person, firm or corporation
to plant or set out any tree or cause or authorize or procure any person to
plant or set out any tree in or upon any part of any public highway or public
place without first obtaining from the Superintendent of Parks a written permit
so to do and without complying in all respects with the conditions set forth
in such written permit and with the provisions of this chapter.[1]
C.
After the receipt of such an application, the Superintendent
of Parks or his representatives shall investigate the locality where the tree
or trees are to be placed and shall grant a permit only if, in his judgment,
the location is such as to permit the normal growth and development of each
tree.[3]
D.
Such permit shall specify the location, variety and grade
of each tree and the method of planting, including, among other things, the
supplying of suitable soil.
E.
The permit shall be good only for the season stated in
the same in the year issued, and no charge shall be made for the same.
F.
Before any permit shall be issued for planting more than
25 trees under any one permit, the Superintendent of Parks may request from
the applicant a detailed declaration of intentions in the form of either a
planting plan or a written statement in duplicate. All planting plans shall
be drawn on tracing cloth in ink. One copy of each plan or statement of intention
shall, when approved by the Superintendent of Parks, be returned to the applicant
and the other copy shall be kept on file by the Superintendent of Parks. All
planting plans shall show accurately:[4]
(1)
The proposed street, together with its subdivision of
pavement, curb, gutter, parking strip and sidewalk areas, to a definite indicated
scale.
(2)
The proposed location of each and every proposed tree,
together with the location of each existing tree within the proposed street
lines, in scaled relation to the other features of the plan.
(3)
The variety of each and every tree proposed to be planted
and of those already existing within the proposed street lines, either indicated
on the plans or referenced with a number to key list.
(4)
The distance between trees in any one row in feet.
(5)
The nature of the soil in the planting space to a depth
of three feet, and all existing and proposed surface or subsoil drainage system.
G.
All statements filed in lieu of a planting plan shall
contain the same information as required on the plan.
It shall hereafter be unlawful for any person, firm or corporation to
plant a poplar, box elder, bass wood, willow or evergreen tree within any
public highway or upon any public place or anywhere within the limits of the
City, the roots of which will penetrate over, on or under the surface of any
public highway or other public place. The Superintendent of Parks is hereby
authorized and empowered to cause to be served upon the owner of any premises
having thereon any such tree or trees a notice directing such owner to remove
such tree or trees within 30 days after the receipt of such notice. Such notice
may be served by delivering the same personally to such owner or by leaving
the same with any person of suitable age and discretion residing at or upon
such premises, or by affixing the same to such premises in a conspicuous place
thereon. If at the expiration of such period the owner of such premises shall
not have removed such tree or trees or caused the same to have been removed,
the Superintendent of Parks is hereby authorized, directed and empowered to
enter such premises and remove such tree or trees. The Superintendent of Parks
shall thereafter mail to the owner or agent of such premises at his last known
address a statement of the cost and expense of removing such tree or trees,
with a demand that the owner pay to the City Treasurer of the City of Lockport
within 30 days from the date of such statement the amount thereof, and if
such amount shall not have been paid within such 30 days, the cost and expense
of doing such work shall be collected in an action at law.
The following regulations are hereby established for the planting, trimming
and care of trees in or upon the public high-ways and public places of the
City:
A.
All trees from one to three inches in diameter of trunk
one foot above the ground must be protected and supported by tree guards.
When guarded with one stake only, the stake must be toward the prevailing
wind.
B.
No tree shall hereafter be planted at the intersection
of two or more streets or within 20 feet of such intersection.
D.
All cuts above one inch in diameter must be water-proofed.
F.
No tree shall be planted where the clear space between
the curb and the sidewalk is less than three feet.
G.
No tree shall be planted where the soil is too poor to
ensure the growth of such tree unless the owner excavates a suitable hole
of not less than 36 cubic feet and replaces the material removed with suitable
loam or soil stripped from pastureland.
The Superintendent of Parks shall have the right to plant, trim, spray,
preserve and remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lands, lanes, squares and public grounds as may be necessary
to ensure safety or preserve the symmetry and beauty of such public grounds.
The Superintendent of Parks, under the power here given, may remove or cause
or order to be removed any tree or part thereof which is in an unsafe condition
or which by reason of its nature is injurious to sewers or other public improvements
or is affected with any injurious fungus, insect or other pest. The Superintendent
of Parks shall also have power to enter upon any private grounds in the City
and to spray or otherwise treat, or cause or order to be sprayed or otherwise
treated, any tree or shrub or plant infected or infested by any parasite or
insect pest when it shall be necessary in his opinion so to do in order to
prevent the spreading or scattering of any parasite or animal pest and to
prevent danger therefrom to trees and shrubs planted in the public streets
or other public places; and whenever in the opinion of such Superintendent
of Parks the trimming, treatment or removal of any such tree or shrub located
on private grounds shall be deemed wise, such Superintendent of Parks shall
have power to trim, treat or remove any such tree or shrub or cause or order
the same to be trimmed, treated or removed. The cost of the removal of a tree
or trees by the Superintendent of Parks shall be a charge upon the real property
on which such tree or trees shall be removed. Such cost shall be certified
by the Superintendent of Parks to the City Treasurer and shall thereupon become
and be a lien upon such property, shall be included in the next tax bill rendered
to the owner or owners thereof unless paid before, and shall be collected
in the same manner as other taxes against such property. Notice to remove
under this section shall be served personally at least 10 days before such
removal on the owner or agent of the property or abutting property, unless
in the opinion of the Superintendent of Parks immediate removal shall be necessary
for public safety.
It shall be unlawful for any person, firm or corporation to prevent, delay or interfere with, or cause or authorize or procure any interference or delay with, the Superintendent of Parks or any of his employees, agents or servants while they are engaged in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees, plant or shrub in or upon any public high-way or public place or upon any private grounds as authorized in the previous section, or in removing any device attached to such tree, plant or shrub or in such removing of stone, cement, sidewalk or other materials or substance as may be necessary for the protection and care of any such tree, plant or shrub in accordance with the requirements set forth in § 176-4 hereof as to the area of open ground to be maintained about the base of the trunk of each tree in the public highways or other public place of the City.
