HomeMy WebLinkAboutOrdinance 93- 1365, Adds Ch. 12.30, trees and other vegetation
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ORDINANCE NO. 1365
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED
CHAPTER 12.30 FOR THE PROTECTION, REGULATION, MAINTENANCE,
REMOVAL AND PLANTING OF TREES AND OTHER VEGETATIVE
MA TIER IN THE PUBLIC STREETS, BOULEVARDS, ALLEYS, PARKS AND
OTHER PUBLIC PLACES; LICENSING TREE SERVICE BUSINESSES;
ESTABLISHING THE CITY FORESTER; AND PRESCRIBING PENAL TIES
FOR VIOLATIONS OF ITS PROVISIONS.
PREAMBLE
It is the policy of the City of Bozeman, Montana, to regulate and control
planting, removal, maintenance, and protection of trees and shrubs, in the
public areas of the City; to eliminate and guard against dangerous
conditions which may result in injury to persons using the public areas of
the City; to promote and enhance the beauty of the City; to minimize
adverse effects to any public sewer or water main, street, sidewalk or
other public property; to protect public areas from undesirable or unsafe
planting, removal, maintenance, and protection practices; and to guard all
trees and shrubs within the City against the spread of disease or pests.
The provisions of this ordinance shall apply to all trees and shrubs
presently or hereafter planted in or upon any public area and to all trees
and shrubs planted in or upon any private premises which shall endanger
the life, health, or safety of persons or property.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Title 12 of the Bozeman Municipal Code be amended by adding a new Chapter
to be numbered Chapter 12.30, to read as follows:
"Chapter 12.30 - TREES AND OTHER VEGETATION
Section 12.30.010 - Definitions.
For the purpose of this ordinance, the following terms, phrases, words, and their
derivations shall have the meaning given herein. When not inconsistent
with the context,
words used in the present tense include the future, words in
the plural include the singular,
and words in the singular include the plural. The word "shall"
is mandatory and not merely
directory.
A. Board: appropriate advisory board, such as Cemetery, Park or Tree Board,
appointed by the City Commission and charged with the overseeing of a
particular public area.
B. City Forester: the EitliBiI'Rsuperintendent in charge of
forestry or
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designee, assigned as part of the professional staff of the Forestry
Division to implement this Chapter and carry out its enforcement.
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C.
Hazard: tree, or parts thereof, that by some natural cause or accident,
becomes an immediate threat to life or property.
D.
large Tree: trees attaining a mature height of twenty-five (25) feet.
E.
Maintenance or maintaining: includes but not limited to pruning,
fertilization, insect and disease control, guying, cabling, bracing, and
repair of trees.
F.
Person: any individual,
corporation, partnership, joint venture,
association, or any group of organized persons, including state and local
governmental agencies thereof.
G.
Public Area: Sunset Hills Cemetery, public ways, city parks, and all other
lands owned, leased, managed or occupied by the City.
H.
Public Nuisance: any tree or shrub or part thereof upon private or public
property which is: dead or dying; interfering with the use of public
property by reason of its location or condition; by reason of location or
condition constitutes an imminent danger to the health, safety, or welfare
of the general public or which obstructs the free safe passage of
pedestrian or vehicular traffic, or obstructs a street light or sight triangle;
or harboring insects or diseases which reasonably may be expected to
injure or harm other trees or shrubs.
I.
Public Way: all City property deeded or recorded as public streets, roads,
boulevards, alleys, sidewalks, and parking strips.
J.
Sight Triangle: area on the public way as described in the Bozeman Zone
Code.
K.
Small Tree: trees attaining a mature height of less than twenty-five (25)
feet.
L.
Street level: the highest point of elevation of the finished surface of the
street.
M.
Street Tree: trees planted in the public way.
N.
Tree Service Business: any person engaged in one or more of the
following activities for profit:
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1. diagnoses the condition of trees or shrubs;
2. recommends or supervises treatment of trees or shrubs;
3. treats trees or shrubs by feeding, fertilizing, pruning,
topping
trimming, cutting, or bracing; or
4. treats cavities in trees or shrubs.
This definition shall include any person who is deemed by the City to be
an "arborist" or "tree expert." The term "tree" shall also include a stump.
Section 12.30.020 - City Forester.
The City Forester with input from the Tree Advisory Board shall have the following
responsibilities and duties:
A. Administer, direct, manage, supervise and control all the various City tree
programs; the Forestry Division; the establishment and maintenance of
professional standards, training, titles and certification for Forestry
Division Personnel; and the Forestry budget.
B. Within two (2) years of the passage of this ordinance, develop and
periodically review
and revise, as necessary,
the Arboricultural
Specifications Manual. This manual shall contain
regulations and
standards supplementing this Chapter for establishing the valuation and
appraisal of trees and shrubs, and the planting, maintenance, and removal
of trees and shrubs upon all City-owned property.
C. Enforce or cause the enforcement of the provisions of this Chapter.
Section 12.30.030 - Master Street Tree Plan.
The City Forester and the Tree Advisory Board, with a public hearing and approval
by the City Commission, shall develop a master street tree
plan which shall include but not
be limited to a City-wide, street-by-street written evaluation
of all space and site factors
which aid in the determination of the tree species best suited
to a particular planting site in
regard to growing habits, shape, form, health, disease and
past resistance, conflicts with
wires, lights, pavement, traffic, pedestrians, sidewalks, environmental
pollution, sewers, and
space availability. The Master Street Tree Plan shall also
include a plan for a cost share tree
program.
From and after the effective date of the Master Street Tree Plan, or any
amendment thereof, all planting shall conform thereto.
Section 12.30.040 - Arboricultural Specifications and Standards.
The following specifications and standards are hereby established for the removal,
planting, trimming, maintenance and care of trees and shrubs
in the public area:
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A. Removing:
1. No
person shall remove a tree or shrub without first obtaining a permit
and paying
IIIn.Y permit fee established by resolution of the City
Commission.
2. All
trees and shrubs which are marked for removal shall be completely
removed
from the growing site and disposed of in an authorized manner,
as determined
by the City Forester. The stump shall be ground out to a
depth
suitable for future planting of turf.
3. Any
person may make a request to the City Forester for a tree to be
removed.
The City Forester's decision to approve removal of a tree shall
be based
on its detriment to the community, due to disease, insect
damage
or other damage which creates a hazard to the public health,
safety
and welfare. Any person, aggrieved by the City Forester's decision
to remove
or not remove the tree may then apply to the appropriate Board
having
jurisdiction over the public area to overturn the City Forester's
decision,
except when the City Forester determines the tree to be a
hazard.
The person may appeal the Board's decision to remove or not
remove
the tree to the City Commission.
4. If
said tree is to be removed, full compensation for the cost of removal
and the
value of the tree will be paid by persons requesting removal.
B. Planting:
1. No
tree shall be planted without first obtaining a permit from the City
Forester
and paying mi any permit fee established by resolution of the
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City Commission.
No tree with a mature height in excess of twenty-five
(25) feet
shall be planted under any utility line.
2. All
street trees shall be planted in line with each other and at a spacing
of a minimum
of thirty (30) feet on center for large trees and twenty-five
(25) feet
on center for small trees.
3.
Single-stem canopy trees may be permitted in sight vision triangles,
provided
that mature trees do not significantly affect safe driving
conditions
and are maintained such that no canopy foliage exists below
a height
of fourteen (14) feet from street level.
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C. Trimming:
1. No person, except for City crews or licensed arborists with which the
City has contracted for tree trimming services, shall trim a tree without
first obtaining a permit and paying i any permit fee established by
resolution of the City Commission.
2. All trees and shrubs, including trees and shrubs on private property,
which have branches overhanging a public street, shall have said branches
trimmed to a minimum clearance height of fourteen (14) feet above the
parking lane, unless the City Forester determines the clearance at this
location would be detrimental to public safety. All trees and shrubs,
including trees and shrubs on private property, which have branches
overhanging a public sidewalk, shall have said branches trimmed to
minimum clearance height of nine (9) feet, unless the City Forester
determines the clearance at this location would be detrimental to public
safety. The City Forester may waive the provisions of this section if the
City Forester determines that the tree or shrub does not interfere with
public travel, obstruct the light of any street light, or endanger public
safety .
3. All dead wood, stubs, broken branches, badly formed branches,
disease-infected and insect-infested branches interfering with public
travel, lighting, existing buildings and traffic signs shall be removed with
consideration given to the symmetry and beauty of the tree or shrub.
4. Topping of trees is prohibited.
D. Maintenance
and Duty to Avoid Damage to Trees and Shrubs:
1. No person or animal under person's control shall break, injure,
mutilate, kill or destroy any tree or shrub; permit any fire to injure any
portion of any tree or shrub; or permit any toxic chemical to seep, drain,
or be emptied on or about any tree or shrub.
2. During building operations the builder shall erect suitable protective
barriers around public trees and shrubs which may be injured. If any tree
is damaged or must be removed during construction, the person causing
the removal of a tree shall replace the tree with a tree of equal value or
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pay the value of the tree as established by the Bozeman Street
Tree
Analysis and
Recommendations, dated December
11, 1990, and
amendments thereto, until updated through adoption of the arboricultural
Specifications Manual.
3. It shall be the duty of the abutting property owner and
tenant to
maintain all street trees and vegetative growth in front of
and adjoining
their property and keep them free of becoming a public nuisance
or
hazard.
E. Fastening Materials to Trees and Shrubs:
No person shall fasten any sign, rope, wire or other materials
to or around
or through any public trees or shrubs without obtaining written
permission
from the City Forester, except in emergencies such as storms
or
accidents.
F. Public Utilities:
Public utility work affecting trees or shrubs shall be limited
to the actual
necessities of the service of the company and such work shall
be done in
a neat and professional manner and according to the Arboricultural
Specifications Manual.
The City Forester may supervise the work
performed and 1m has the authority to stop work if not in accordance
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with the Arboricultural Specifications Manual.
The public utility shall
replace any tree that dies or is removed with a tree of equal
value or pay
the value of the tree as established by the Bozeman Street
Tree and Park
Tree Analysis and Recommendations, dated December 11, 1990,
and
amendments thereto, until updated through adoption of the arboricultural
Specifications Manual.
G. Planting, Removal, Maintenance and Protection of Trees and
Shrubs:
All trees or shrubs shall be planted, removed, maintained and
protected
according to the Master Street Plan and the Arboricultural
Specifications
Manual.
Section 12.30.050 - Hazards and Public Nuisances.
A. It shall be unlawful for any person having supervision or control
of any lot,
tract, parcel of land or portion of it, occupied or unoccupied,
improved or
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unimproved, within the City limits to permit or maintain on
any such lot,
tract, or parcel or part any tree, shrub, or part thereof which
is a public
nuisance or hazard and it shall be the duty of such person
to promptly
remove, eradicate or otherwise control such condition in accordance
with
this Chapter and the Arboricultural Specifications Manual.
B. Trees and Shrubs in Public Areas:
If the City Forester determines, with reasonable certainty
upon inspection
QI'.QI examination, any tree or shrub exists in or upon any
public area in
a hazardous condition or as a public nuisance, the City Forester
shall
immediately cause it to be treated, trimmed, removed or otherwise
abated
in such manner as to prevent the spread of the hazard. The
manner in
which the hazard shall be abated, shall be determined by the
City
Forester.
C. Trees and Shrubs on Private Premises:
If the City Forester determines, with reasonable certainty,
upon inspection
or examination, that any tree or shrub exists in or upon any
private
premise in a hazardous condition or as a public nuisance, the
City Forester
shall immediately, in writing, notify the owner or tenant having
charge of
such premises of the existence of the public nuisance or hazard
and issue
said owner or tenant an order detailing the requirements of
and the
reasons for the abatement to be completed within a reasonable
time to be
specified in the order, but not less than 15 days. If the owner
cannot be
found, a copy of said notice shall be placed upon said infected
tree or
shrub. The owner may appeal the order of the City Forester
to the City
Commission within the time specified for abatement in the order.
The
appeal shall be filed with the City Clerk and the appeal shall
be placed
upon the Commission agenda as soon as practicable.
Until a final
determination by the City Commission, work required to be done
by the
City Forester shall not be required, and if the City Commission
sustains all
or any part of the order, it shall set the time within which
the work
required to be done shall be completed.
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D. Abatement at Owner's Expense:
In
the event that the public nuisance or hazard is not abated by the date
specified
in the notice or specified by the City Commission, the City
Forester
is authorized to cause the abatement of said nuisance. The
reasonable
cost of such abatement shall be filed as a lien against the
property
on which the public nuisance or hazard was located.
Section 12.30.060 - Cost of Planting, Removing, Maintaining and Protecting Trees and
Shrubs.
The entire cost of planting, removing, maintaining and protecting trees and shrubs
on all public areas and public ways of the City, when done by City employees or their
contractors at the direction of the City Forester, shall be borne by the City out of the Tree
Maintenance District Fund and from funds donated specifically for this purpose. When a
private party other than the City. with aDDroDriate permit. plants, removes, maintains or
protects trees and shrubs, the private party shall incur all expenses.
Section 12.30.070 - Tree Service Businesses and Licensing.
A. License Required:
Any
person who engages in the tree service business within the corporate
limits
of the City shall first obtain International Society of Arboriculture
nSA)
certification, or an equivalent, and obtain and maintain a City license
in
accordance with Title 5 of the Bozeman Municipal Code. If a license
or
permit to engage in the tree service business is required by the State
of
Montana, the issuance of a State license shall be a prerequisite to the
issuance
of a City license. The licensee shall display the license to any of
its
customers or City officials upon demand. The City may suspend or
revoke
a license when the tree service business violates any provision of
Chapter
5.04; this Chapter; any ordinances provisions relating to the
health,
safety and welfare of the citizens of Bozeman; or secures any
license
by fraud or misrepresentation to include false or incorrect
information
on the license application. The procedure for license
suspension
or revocation is set forth in Sections 5.04.180 and 5.04.190
of
the Bozeman Municipal Code.
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B.
Insurance and Bond:
Any applicant for a tree service business license shall provide at the time
of application a certificate of insurance showing insurance coverage for
general liability, automobile liability, worker's compensation, and other
coverages required by law in minimum amounts set by the City
Commission resolution. The certificate of insurance shall name the City
and its officials and employees as additional insured for work on public
lands. The applicant shall also provide a street obstruction bond in an
amount set by the City Commission resolution for work to be performed
within any public street, alley, or right-of-way in the City.
C.
License exemptions:
Any person acting within the scope of his or her employment with any
public utility, with the City, or with any governmental entity shall be
exempt from the licensing provisions of this Chapter. However, the public
utility or the governmental entity, except for the City of Bozeman, desiring
to do work on trees or shrubs located in public areas shall be required to
obtain a permit to do such work as required by Section 12.30.040.
D.
Protection of Utilities:
A licensee shall, before commencing work on any tree or shrub, determine
the location of utility facilities, including water and sewer lines, and shall
be responsible for contacting any joint utility locator entity in operation for
subsurface work or, if such entity is not in operation or does not provide
service for above-ground work, each utility or entity owning such
facilities. This section applies to overhead and underground facilities.
E.
Permit tor Removal of Trees on Public Right-at-Way:
At least 48 hours prior to engaging in any work (except in the case of a
hazard), a licensee shall apply for a permit to do any work on any tree or
shrub which is located in any public area. The permit application shall be
filed with the City Manager or the City Manager's designee lilt on a form
provided by the City. The application shall contain any information
required by the City for processing the application, including the scope
and nature of the work to be performed on the specified tree or shrub.
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The City shall issue the requested permit only if the proposed work
complies with all applicable laws and ordinances, any master street tree
plan, any urban forestry plan, and any Aboricultural Specification Manuals
adopted by the City and upon payment of permit fee as established by
City Commission resolution.
F. Debris
Removal:
A licensee shall clean the work site and remove any debris after
completing any work on public or private property, including the removal
of branches, twigs, and chips.
G. Stump
Removal:
All stumps on public right-of-way shall be removed to a depth of at least
eight (8) inches, and all holes remaining from the stump removal shall be
filled with dirt and covered with. appropriate ground cover.
H. Power
Equipment:
All power equipment used by a licensee shall include reasonable safety
devices to protect employees and other persons.
Section 12.30.080 - Enforcement.
A. Authority
of City Forester to Enter Private Premises:
The City Forester is charged with enforcement of this Chapter and to that
end may enter upon private premises at any reasonable times for the
purposes of examining and inspecting any suspected public nuisance or
hazardous tree or shrub in order to carry out duties assigned under this
Chapter; provided that the City Forester first makes a reasonable effort to
locate and notify the owner or other persons who have charge or control
of premise and demand entry.
B. Interference
with the City Forester or Staff:
No person shall prevent, delay or interfere with the City Forester, or the
City Forester's assistants or agents, while engaged in or carrying out the
execution or enforcement of this Chapter.
C. Penalty:
Any person who violates any provision of this Chapter or who fails to
comply with any notice or order issued pursuant to the provisions of this
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Chapter, upon a conviction or plea of guilty shall be fined in an amount
not to exceed $500.00 or be imprisoned for any term not to exceed six
months or both. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as
such hereunder. The court, also, shall order restitution to the City for
each tree or part thereof, unlawfully damaged, destroyed or removed. II
Section 2
REPEALER
All resolutions, ordinances, and sections of the Bozeman Municipal Code, or parts
thereof, in conflict herewith are hereby repealed.
Section 3
SAVINGS PROVISION
This ordinance does not affect the rights and duties that matured, penalties that
were incurred or proceedings that were begun before the effective
date of this ordinance.
Section 4
SEVERABILITY
If any portion of this ordinance is declared unconstitutional or the applicability
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other
provisions or applications of this ordinance which may be given
effect without he invalid
provision or application and, to this end, the provisions of
this ordinance are declared to be
severable.
Section 5
EFFECTIVE DATE
This ordinance shall be effective thirty (30) days after second reading and final
adoption as provided by law.
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the
12th day of April 1993.
TIMOTHY SWANSON
Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
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FINAll V PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 26th day of April 1993.
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TIMOT Y S SON
Mayor
ATTEST:
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ROBIN l. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
PAUL J. LUWE
City Attorney
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