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0554 Tree Advisory Commission 2002• CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 5 4 • AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER 2.34, TREE ADVISORY COMMISSION AND STANDARDS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Purpose. It is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs and vegetation, and controlling other accumulations, including accumulations of deleterious growths, weeds, trash, rubbish, noxious matter, or decaying or deteriorating matter on public and private lands within the City. Section 2. Chapter 2.34 Adoption. The following Chapter 2.34 is hereby adopted: 2.34.010 Definitions 2.34.020 Commission Authority and Power 2.34.030 Terms of Office 2.34.040 Work Plan 2.34.050 Applicability 2.34.060 Authority to Regulate and Enforce 2.34.070 Landscaping 2.34.080 Public Tree Care 2.34.090 Violations 2.34.100 Public Nuisances 2.34.110 Duty to Abate or Remove Public Nuisances 2.34.120 Notice 2.34.130 Penalties 2.34.010 Definitions: As applied in this section, the following definitions will apply: A. Hazardous trees and shrubs: Public or private trees that prevent safe and appropriate passage or safe vision on any public property and/or right of way. B. Trees: Shall be defined as self-supporting wood plants of species which normally grow to an overall height of a minimum of fifteen feet (15') in Bannock County, Idaho. C. Pest Infested Tree(s): Any tree or shrub that, because of disease from pest or pathogens, can affect the health of other trees and shrubs in the City. D. Owner(s): Shall be considered to include not only the person(s) possessing Ordinance - Page 1 blj chubbuck01.232.wpd title to any real property fronting any public right-of-way, but also any person(s) leasing, renting, purchasing under contract, or otherwise having a possessory interest in said real property. E. Park(s): Includes all public parks, green ways, squares, commons, and lands owned by the City which are distinguished by individual names. F. Right -of -Way or Street: Includes all lands lying between the property lines on either side of any public roadway, boulevard, alley, or other similar area dedicated to the public use for vehicular and/or pedestrian travel, whether improved or not. G. Parking Strip or Planting Strip: Is that portion of the public right-of-way, commonly landscaped or "planted" in some fashion, which is located between the back of the curb and the sidewalk portion of the right-of-way, or, in the absence of curb and/or sidewalk, between the edge of the right-of-way pavement and the property line. H. Public Place(s): Includes all lands and grounds owned by the City of Chubbuck not distinguished by individual names as parks, squares, or the like. I. Open Land(s): Shall be considered any private yards, landscaped areas, and the like, visible from a pubic right-of-way. J. Work Plan: Is a document used to address present and future requirements for developing, sustaining, and maintaining the community forest. 2.34.020 Commission Authority and Power: A Tree Advisory Committee shall be created and established, consisting of five (5) members, citizens and residents of the City, who shall be appointed by the Mayor with the approval of the City Council. This committee will assist the Mayor and Council in the planning, planting, maintenance, preservation, and removal of trees on City owned Public lands. 2.34.030 Terms of Office: The terms of the five (5) members are as follows: A. One (1) member will serve for one (1) year, B. Two (2) members will serve for two (2) years, C. Two (2) members will serve for three (3) years. In addition, one (1) City council member and the City Parks and Recreation Superintendent shall serve on the committee as ex -officio members. The Mayor will appoint the chairperson. The Committee will select a secretary to keep minutes. If any committee member leaves the Committee before his/her term is finished, a successor shall be appointed by the Mayor for the remainder of that term. The Committee shall meet once a month until a Plan of Work is completed and thereafter meet no less than once every other month, or as frequently as requested by the Chairperson or Mayor. Ordinance - Page 2 blj chubbuck01.232.wpd • 2.34.040 Work Plan: The Work Plan must include the following: Provides the foundation for effective, continuous community forestry programs. 2. Assures that all the needs of the community forest are recognized. 3. Reduces the risk to property and human safety. 4. Makes sure that all work is prioritized. 5. Provides a defensible basis for budget and grant requests. 6. Leads to a continuous program from year to year, regardless of personnel changes. 2.34.050 Applicability: The Plan of Work shall include all trees, plants, and shrubs located within street right-of-ways, parks, buffer zones and public places within the City limits, and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. 2.34.060 Authority to Regulate and Enforce: The Parks and Recreation Superintendent is authorized to establish procedures for planting, care, and replacement of public trees within the City and enforce the provisions where applicable as they relate to public and private trees, vegetation, and accumulations of material on open and public lands. 2.34.070 Landscaping: All new development shall include trees and required by the City's landscape requirements and shall be selected from the list of recommended trees and shrubs developed by the Tree Advisory Committee. Tree planting shall comply with the "site vision triangle" of intersections and at proper set back distances as revised by City code sections 16.12.040 and 18.14.020. 2.34.080 Public Tree Care: A. The planting and care of public trees shall be the responsibility of the City, which shall be accomplished either through its employees or through parties officially hired or contracted by it to perform such work, or by public utility companies performing work necessary to protect their utility lines. B. The Parks and Recreation Superintendent and staff shall be responsible for management of all public trees in the parking strips, public parks, squares, commons, and other public places within the City. All work on public trees shall be performed by City staff as set forth above, or by tree service providers under the direction of the Parks and Recreation Superintendent, provided such tree service provider has on staff at least one ISA certified arborist, or by public utility companies performing trimming operations necessary for protection of its utility lines, provided prior notification is given to the Parks and Recreation Superintendent. Ordinance - Page 3 bfjchubbuck01.232.wpd 2.34.090 Violations: It shall be unlawful: A. For any person to plant, trim, remove, replace, cut, prune, spray, brace, or otherwise work on any public tree within the City without the express written consent of the Parks and Recreation Superintendent. B. For any person to fasten any sign, card, poster, wire, rope or other material to or around or through any public tree, shrub, or its protective barrier, except authorized personnel in the event of an emergency. C. For any person to deposit, place, store, or maintain upon any public area of the City, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and/or fertilizer to the roots of any tree or shrub growing thereon. D. For any person to take any action which would break, injure, mutilate, kill or destroy any public tree, shrub or other vegetation in any public park or public place, nor permit any toxic chemical or other injurious substance to seep, drain, or be emptied on or about any public tree, public place, or public park. E. For any public tree to be "topped" or "headed" in such a way that the crown is removed or severely cut back. 2.34.100 Public Nuisances: The following are declared to be public nuisances: 1. Trees whose roots are lifting up into the right of way or upraising and cracking sidewalks, curbs, or gutters. 2. Trees that are infested with disease or insects that are detrimental to the health of the tree and any and all surrounding trees due to the spread of the disease. 3. Trees whose branches and leaves which overhang any sidewalk, parkway or roadway present in such a manner to create a hazard to, or impediment to the progress or vision of, any person traveling on any street, sidewalk, or roadway, or which covers or impairs the view of any traffic control device by a person operating a motorized vehicle on a roadway. 4. Trees that may endanger the security and usefulness of any public right-of-way, public sewer or water main. 5. Any weeds, deleterious materials, unhealthful growth, garbage, rubbish, trash, or other noxious matter that are growing or lying on open lands within the City. 2.34.110 Duty to abate or remove public nuisances: It shall be the responsibility of the owner(s) of property on which a tree(s) or vegetation are growing that have been declared public nuisances to remedy the nuisance as herein set out. 1. Trees on property abutting public right-of-ways. It shall be the responsibility of any owner or occupant of the property upon which a tree(s) is growing that has been declared a public nuisance to trim or remove the tree so that the hazard will cease. Ordinance - Page 4 blj chubbuck01.232.wpd 2. It shall be the responsibility of the owner or occupant of property within the City to maintain any trees, other vegetation, and landscaping on open lands under their control as defined herein a neat, orderly, and healthy condition; to prevent the accumulation of weeds, unlawful vegetation, and other deleterious materials owner or occupant of the open land shall gather and remove any substantial amount of fallen or trimmed leaves, cuttings, branches, or stumps. 2.34.120 Notice: The Chubbuck Chief of Police or the Chief s designee is authorized to notify in writing the occupant, owner, and/or agent of such owner, to trim, cut, destroy and/or remove any such trees, weeds, grass, deleterious, unhealthful growths, rubbish, trash or other noxious matter growing, lying or located on open lands on such owner's property, or upon the sidewalks or other public right of way abutting their property. 2.34.130 Penalties: A violation of any provision of this Chapter shall be a misdemeanor punishable by a fine of up to Three Hundred Dollars ($300) and/or six (6) months in the county jail. Additionally, the City may seek civil remedies for damages and to enjoin the continued violation of this Chapter. Ordinance - Page 5 blj chubbuck01.232.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent -of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 27THday of MARCH , 2002. MAYOR ATTEST: f CITY CLERK Ordinance - Page 6 blj chubbuck01.232.wpd