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
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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
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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
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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-.
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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
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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
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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.
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,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