[HISTORY: Adopted by the Mayor and Town Council of the Town of North
Beach 1-15-1997 by Ord. No. 6-96 as Art.
XX of the 1982 Code. Amendments noted where applicable.]
A. To promote public awareness and pride in our native trees,
to observe Arbor Day and to become a "Tree City, USA" community.
B. To establish a North Beach Tree Committee to be responsible
for the tree program which regulates the planting, maintenance and removal
of trees in public places.
All trees in the public domain Town of North Beach are considered a
part of the town's urban forest and are subject to the provisions of
this article.
A. Creation. There shall be created a committee to be known
and designated as the "North Beach Tree Committee" composed of three members.
Appointments to the Committee shall be made by the Mayor with the approval
of the Council. Appointments to initially establish the Committee shall be
as follows: one member for one year, one member for two years and one member
for three years. Subsequently, the terms of the members shall be three years.
All members shall serve without pay. Vacancies caused by death, resignations
or otherwise shall be filled by the Mayor with the approval of the Council
to fill the balance of unexpired term.
B. Duties and responsibilities. It shall be the responsibility
of the Committee to study, investigate, counsel, develop and/or update annually
and administer a written plan for the care, preservation, pruning, replanting,
removal or disposition of trees and shrubs in parks, along streets and in
other public areas. Such a plan will be presented annually to the Town Council
and, upon its acceptance and approval, shall constitute the official Comprehensive
Town Tree Plan for the town. All recommendations, publications and/or documents
emanating from the Committee shall be signed by each member of the Committee.
C. Meetings. The Committee shall meet at least one time
in the first month of each calendar quarter. Meetings shall be established
and published prior to the first of the year. Additional meetings may be called
by the Chair or by the Mayor. All meetings shall be open to the public.
D. Chair. The Committee shall elect an individual to serve
as Chair for the purpose of conducting meetings.
E. Secretary. The Town Clerk shall serve as Secretary.
[Amended 2-12-2004 by Res. No. 04-01]
A. A tree may be removed by recommendation of the Committee
and the state forester and approval of the Mayor and Town Council if it is
affected by untreatable injurious fungus, insect or other pests, or if it
is deemed by the Town Code Enforcement Officer to be in a hazardous condition.
B. To remove a live tree that is not an immediate danger
to persons or property and is located on the state road right-of-way, a permit
must be obtained from the Maryland Department of Natural Resources, after
concurrence by Mayor and Town Council.
A. No person shall remove or destroy or cause the removal
or destruction of a tree on any public property or undertake construction
or other action that may significantly and permanently detract from the health
or growth of a tree without first having obtained permission from the Town
Code Enforcement Officer, which shall only be issued with the concurrence
of the Mayor, based on recommendation of the North Beach Tree Committee.
B. It is unlawful as a normal practice for any person, firm
or town department to top any street, park or other tree on public property
to such a degree as to remove the normal canopy and disfigure the tree. Trees
severely damaged by storms or other causes or certain trees under utility
lines or other obstructions where other pruning practices are impractical
may be exempted from this chapter (as determined by the Town Tree Committee).
The official street tree species list is to be established by the Mayor
and Town Council on recommendation of the Committee in concert with the State
Forest Ranger.
A. Municipal infractions.
(1) Any of the following shall constitute a municipal infraction
for which a citation may be issued:
(a) Doing any of the acts prohibited in §§
103-5 and
103-6 without written permission.
(b) Any violation of an order of the North Beach Tree Committee,
including but not limited to the violation or nonperformance of conditions
imposed in connection with the issuance of a permit.
(2) (2) Municipal infractions shall be punishable as provided in Chapter
1, General Provisions, Article
III, Penalties.
B. It shall be a misdemeanor to do any of the following:
(1) Any of the acts specified above to three or more trees
which are part of the urban forest, whether or not such trees are located
on the same property.
(2) Any of the acts prohibited after permission has been
denied.
C. A misdemeanor violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
III, Penalties.
No permission shall be required when performing professionally accepted
tree maintenance under the authority of the Town Code Enforcement Officer.