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HomeMy WebLinkAboutOrdinance-1970-0034 - Regulation of Licensing and Controlling of Plant MaintenanceINTRODUCED BY ALDERMAN Caly n.O..-Hulse ORDINANCE NO. 34 Series of 1970 TITLE. AN ORDINANCE REGULATING LICENSING AND CONTROLLING PLANTING,, MAINTENANCE AND REMOVAL OF TREES, SHRUBS, OR DINES OR -APPLYING _ HERBICIDES,-WSEDICIDES, INSECTICIDES, FUNGICIDES, SOIL CONDITIONERS-, _ FERTILIZERS, AND SIMILAR ITEMS AND PROVIDING PENALTIES THEREFORE. BE IT DRDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,"THAT: Section 1. City Council to Appoint-an Arborist Board. 1-1. The City Council shall.appoint an Arborist Board consisting of three members who shall serve, initially, one, two, and three year terms. All future Board members shall serve full three year terms, one term expiring each year".- When a vacancy occurs; the Council shall appoint a replacement for the remainder-of-the unexpired term. 1-2: The City Council, with the advice of the Arborist-- Board, shall appoint a Tree Warden for the City of Wheat Ridge, The Tree Warden shall be responsible to the Arborist Board for the performance of work as detailed and assigned by the Arborist Board.. 1-3. The Arborist Board shall submit to the Wheat Ridge Parks and Recreation Commission at the proper time recommendations regarding financial support for the administration of this ordinance. Section 2. Mayor's Power to Adopt Rules and Specifications. The Mayor, through the Arborist_ Board, shall have the power-to pro- mulgate rules, regulations--and specifications for the spraying, removal planting, pruning--and, protedtion-of trees, shrubs, vines , hedges, and other plants upon the public right-of-way of any street, alley, sidewalk, or other public place in the City. Section 3. Mayor's Power to Care for Trees and Collect Costa. _ 3-1. The Mayor, through the Arborist-Board, shall have the power to prunes spray, remove, plant, and protect all trees, _ shrubs, vines, hedges, and other plants upon the public right-of-way Of any street; alley, sidewalk or other public place orrequire the owner of property abutting on the right-of-way of any street; alley or sidewalk to.assume the above responsibilities as detailed in Section 6. 3-2. The Mayor shall also have the Power to require the owner of property abutting on the right-of-way of any street, alley, sidewalk, or other_public_place to prune, remove or properly care for any tree,_shrub, vine, hedge, or other plant which may project beyond the property line of such owner; onto or over public pro- party in an undesirable manner.- 3-3. If the property owner refuses or neglects to prune, protect, or remove any such-tree, shrub, vine, hedge, or other plant within ten (10) days after receipt of a written notice from the Tree Warden so to do, the Tree Warden may do or c80se-to be done the necessary work incident thereto, and the expense thereof.shall be recovered from -the owner of such property in a proper action at law. Section-4. Removal of Dead or -Dangerous Trees. 4-1. It shall be the duty of.the owner or.occupant of- any property to remove any dead trees or dead, Overhanging boughs dangerous.to life, limb, or property located on the premises of such owner or upon public right-of-way abutting the premises ofsuch owner, upon receipt of written notice from the-Tree Warden so to do and within such reasonable time as specified in said notice. 4-2. If such owner fails to remove same within the time required, the Tree Warden is authorized to remove br cause to be removed such trees or_bTanches at the expense of such owner; such expenses to be recover:ed_in_e proper `action at law. Section 5. Removal or Treatment of Infected or Infested Trees. 5-1. The Arborist Board is empowered to inspect any trees, shrubs, vines, hedges, plants, logs, or branches _existing _or growing upon any property within the City. The Tree Warden or his authorized representatives, shall from time to time conduct surveys to determine -2- if any destructive-or communicable disease or other pestilence exists which may_be_ detrimental or endanger the_good..health and_ well being of trees or other plant life in the City. 5-2. -Upon discovery of any destructive or communicable disease _or_oth,er pestilence which endangers the growth, health, life, or well being of other trees or.plants orwhich is capable of causing an,epidemic spread of communicable disease or insect-infestation such as Dutch elm disease, the Mayor or the Tree Warden shall at once notify in writingthe owner, agent-, or occupant cf the premises whereon the same are located _of-the condition thereof, and direct such owner, agent oroccupant to eradicate, 'remove, .--or.otherwise- control such condition 'Within a reasonable time to be specified in said written notice. - 5-3. It shall be unlawful for the owner, agent or occupant of said premises-to fail or refuse to-comply with the--terms-of the written notice provided for in Section 5-2. 5-4. Should the owner, agent or occupant of said premises fail or refuse_.to comply with the terms of the written notice provided- for=in Section 5-2, the TreeWarden or his authorized representatives may enter upon the premises and arrange to remove, treat or otherwise care for by competitive bids-or other appropriate means, infected - or infested trees, shrubs, 'vines, hedges, plants, logs,-or branches in order to eradicate, control, or preuent the spreading of any threatening communicable disease orr:insect infestation. The expenses of such operations shall be recovered from the owner, agent or occupant in a proper action at law. Section 6. Planting and Maintenance of Tree and Plant Growth on Public Right-of-Way. 6-1. Plantingaon public right-of-way.areas by owners of abutting properties-are a privilege allowed by the City of Wheat Ridge under certain regulations with the provision that the property owner or :owners thereafter will be responsible for acceptable main- tenance and removal of such growth in..accordance-with _municipal- ordinances and regulations. 6-2. The Mayor, through the Arboriat Qoard and the_Tree -3- Warden, is authorized to require any owner, agent, or occupant-of_ any premises to prune, spray; treat, remove, or otherwise care for trees or--other plants upon that portion of the public right- of-way upon which such premises abut.whenever the condition of such trees or plants interferes with, obstructs, or in any way endangers the safe public use of streets, alleys, sidewalks, or-other public, places. Whenever any tree or other-plant upon that portion of the public right-of-way is in such condition as to jeopardize its own health or well being of other trees or plants by virtue of insect pestilence or disease,_ the_Mayor,_through the Tree Warden, is author-_ ized.to re.quire_the_owner, agent or occupant of premises which abut that portion of the public right-o,f-way to prune, spray, treat, re- move or otherwise care for such trees_or plants. 6-3 Whenever the Tree Warden, after investigation, determines that any trees or other plants are in a condition describedin Section 6-2 hereof, he shall notify in writing the owner, agent, or occupant of such.premises that_certain conditions exist which must be corrected within a-reasonable time to be.specified in said notice. It shall be unlawful to fail or refuse to comply with the requirements.-set forth in said notice within the time specified. Section 7. Regulations Pertaining td Species of Trees. It shall be unlawful to plant upon any public right-of-way or other public place in the City any trees, shrubs or other plants other than as prescribed in rules and regulations promulgated by the Mayor through the Arborist Board. Section B. Regulations Pertsj,n t❑ Spacing ❑f Trees._ It shall be unlawful to_space'trsee, shrubs or other plants upon the public right-of-way or other public place within the City other than as,prescribed.in,rules and regulations promulgated by the Mayor through the Arborist Board. Section9., Permit Re uired to Plant dr Remove Trees and other Plants, unless otherwise authorized by the Mayor, and except for -4- routine upkeep and maintenance; it shall be unlawful to cut, prune, spray, remove, treat or plant any tree, vine, shrub, hedge, or other plant upon the public-right-of-way or other public place within the City without first having obtained-a permit from the Mayor or his designated agent. Section 10. License Required. It shall be unlawful for any person to engage for hire in the_business.within the City of planting, pruning, removing, spraying, or otherwise. treating trees ' , shrubs, or vines, or-applying herbicides, weedicides, insecticides, fungicides, soil conditioners; or fertilizers by spraying or dis- seminating any such materials by any. device other than by hand tools not actuated in wholeor in partby compressed air, gas,-water; - or mechanical means or source without first procuring-a license therefar from the Mayor. Section 11. Application for License. The application for every license to Engage in such business shall specify the types,- classifications or kinds of service, constituting all or any part or parts of such business which.the applicant desires to perform or render ifthe same be issued and for the performance and rendition whereof he desires to be licensed. Applications for license shall be accompanied by an application fee in the amount of Ten and N❑/100 Dollars ($10.00); provided, however, that no application fee shall be required for renewal of an existing license. Any change of owner- - ship of a license shall require a new application and license, with payment'.of fees therefor. Section 12. Before any such license shall be issued,--the - - Arborist Board shall examine the applicant for such license, either orally or in writing or.partly orally and partly in writing as the said Board, in its discretion, deems proper, covering the applicants qualifications and competency to engage.-in-the types, classifications, or kinds of service for-the performance and rendition whereof his application disclosesthat_he desires to be licensed, and who shall require such demonstration of actual practical ability and competence or the furnishing of such.evidence of previous satisfactory experience as the Arborist Board, in its discretion, deems proper-. -5- 15) 7" Section 13._ Contents of Licensee. Every such licenseshall show upon its face-the-types, classifications, or kinds of service consti_tuting.all. pr..any_.part ❑r parts of such business in which the licensee therein named is thereby licensed, and authorized to render or perform. Section 14. Insurance Requirement. No such license shall- be effective and no such license shall be issued until the applicant or licensee shall have filed with the City Clark a satisfactory public liability insurance- policy covering all operations of such applicant or licensee i-n such business in the City of Wheat.Ridge in the sum. of at least $100,000.00 for'each pers-On injured and not containing a limitation of liability of less than $300,000.00 in case of injury--- of-two or more persons in any one accident, and in the sum''of not less than $25,000.00 fo_damage to property. Said policy may be written to allow the first_,Fifty Dollars ($50.00) of liability for damage to property to be deductible. Should any policy be cancelled, the City of Wheat Ridge shall be notified of such cancellation-, within ten (10) days after such cancellation is effective, aild-a provision to that effect, which shall also place upon the company writing such policy the duty to give such.notice, shall be incur porated_-in each such-policy.In the event any-such insurance policy at any time fails, in the opinion of the Arborist.Hoard to, comply with the provisions hereof-or to.afford_reasgnably satisfactory protection to the persons intended to be protected thereby, it shall in writing so notify the licensee andthe Mayor and failure to maintain _the_insurance required hereby shall be -a ground for revocation -of any such license, or in the discretion of the Mayor, for the suspension-thereof until the insuraT e'rrequired hereby,. be so-furnished, and it shall he unlawful for.-any person to engage in the business defined in this ordinance _while _his license to do so is for'sny reasonsuspended or after the same is for any reason revoked. Section 15.. License Fee: Limitation on Activity of Licensee. The annual license fee for every licensee to engage in the -6- d-J business defined in Section 10 hereof or in any type, classification, or kind of service constituting all or any part or parts of such business shall be $25.00 and the.issua.nce of such license shall entitle and authorize the licensee' therein named to types, classifications, or kinds of service r.. any part or parts of such business as shall upon the face-of such license, and it shall for revocation of such license, for-the lic engage in only such constituting all or be designated or shown be unlawful and a ground ensee-to engage in any other or different type, classification, or kind of service con- stituting-all or any part or_parts of such business. Section 16. Rules and Regulations... The Mayor, through the Arborist Board, may adopt reasonable rules and regulations governing those aspects of the conduct of the business defined in Section 10 hereof, and of any and all-.parts- th__ezeof, directly affecting the public health and safety, and requiring the use-of such safety appliances, apparatus; and equipment as are reasonably necessary for the protection of the workmen engaged therein, the public, and public and private property, and it shall be unlawful for any licensee hereunder _to_Violate, or fail, neglect, or refuse to comply with, any of such rules or regulations. All valid and existing rules and regulations heretofore adopted by the Arborist Board, and not in conflict herewith shall remain effective and en- forceable unless and until amended or repealed. Section 17._ ,Name and Address to be Displayed on Vehicle and Equipment. All automobiles, trucks, trailers, or other vehicles operated by any licensee for the transportation-of the equipment used by-him_in_such business, and all self-propelled, drawn, or towed equipment used by any licensee in such business shall have the, name and address of such licensee displayed on both sides thereof in plain and legible figures an_d letters not less than three (3) inches in height, which shall be kept in/such condition as to permit the same.to be readily distinguished and read-at a distance of at least sixty (60) feet,-end it shall be unlawful and grounds for revocation,.. of his license for-any licenses to operate any such vehicle or cause -7- ~~.~~G7sa'`~1v any such equipment to be operated or drawn or towed upon the streets, alleys, or other public ways or places within the City unless or -without_the same-.being to displayed thereon. Section 18. Each Day's Violation Separate Offense. .Each-land every day's violation of any of the provisions of sections 1 through 17 hereof shall constitute a 5sparate offense. Section 19. Penalty clause. Any person who violates any provision of the Ordinance shall be deemed-guilty of a misdemeanor and upon conviction shall be punished by a fine ❑f not more an Three Hundred Dollars ($300.00) or Ninety (90) days in jail, or both such fine and imprisonment. Section 20. Emergency Clause. The provisions of this ordinance are necessary to the immediate preservation of the public health and safety of the citizens of Wheat Ridge for the following reasons: 1. No Tree service ordinances exist in the City because the City having just completed incorporation August 20, 1969, has not heretofore adopted any ordinances regulating licensing and con-_ trolling planting, maintenance, and removal of trees shrubs, or vines or applying herbicides, weedicides, insecticides, fungicides, soil conditioners, fertilizers and similar items. 2. Tree service ordinances are necessary to allow police officers of the City ofWheat Ridge to preserve the public health and safety. of the City Wheat Ridge. Section 21. Effective Date. This ordinance shall take effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three-fourths (3/4) of the members of the City Council otherwise, said ordinance shall take effect thirty (30) days after publication following final passage:' INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 5 to ❑ this 2nd day of April A.D., 1970. _8- ,ter READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second c3 day of and final reading by a vote of ~ to this - A. D., 1970. T" Al rt Anderson, Maycr ATTEST: - - Louise F.-Turner, City clerk • CERTIFICATE OF POSTING We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 34 was duly posted by us following first reading on the 10th day of April 1970, at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Westridge Sanitation District Office Columbia Heights School Prospect Valley Fire Department Wheat Ridge City Office Wheat Ridge Council Meeting Room We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 34 was duly posted by us following second reading on the let day of May 1970, at the above locations within the City of Wheat Ridge. ~tc2rticv `r R t i ti 4. C~%% ~-7 Louise F. Turner City Clerk Helen Elise McMillen Deputy City Clerk