HomeMy WebLinkAboutOrdinance-1998-1123
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTULLIO
Council Bill No. 22
Ordinance No. 1123
Series of 1998
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING TREES AND SHRUBS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 24-2 of the Wheat Ridge Code of Laws is hereby repealed
and reenacted to read as follows:
Sec. 24-2 Rules and regulations
The arborist board shall have the power to promulgate rules, regulations and
specifications for the spraying, removal, planting, pruning and protection of
trees, shrubs, vines, hedges and other plants upon public right of way of any
street, alley, sidewalk or other public place in the city, or within any utility
easement.
Section 2. Chapter 24 of the Wheat Ridge Code of Laws is amended by the
addition of a new section 24-15, to read as follows:
Sec. 24-15. Public utilities.
Public utility work affecting trees, shrubs, vines, hedges, or other plants shall
be limited to the actual necessities of the services of the utility company.
Such work shall be accomplished in a neat and professional manner, and
according to the specifications and rules and regulations as promulgated by
the arborist board. The city forester shall be notified before any work is
accomplished within utility easements or within the "root zone" as defined in
rules and regulations, of said trees, shrubs, vines, hedges or other plants.
Section 3. Article II of Chapter 24 of the Wheat Ridge Code of Laws is
repealed and reenacted to read as follows:
Article II. Tree Surgeons, Etc.
Sec. 24-31. License required.
It shall be unlawful for any person to engage for hire, or peddling, soliciting
or canvassing in the business within the city of planting, pruning, removing,
spraying or otherwise treating trees, shrubs or vines, or applying herbicides,
insecticides, fungicides, soil conditioners or fertilizers by spraying or
disseminating materials by any device other than by hand tools not actuated
in whole or in part by compressed air, gas, water or mechanical means or
source without first procuring a license thereof from the arborist board.
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Sec. 24-32. Types of license
(a) Ornamental plant license: shall authorize the business holding the
license to prune or remove small vegetation where the licensee is not
required to leave the ground except by use of a step ladder not exceeding
the height of twelve (12) feet, and then only for the purpose of shearing
evergreens.
(b) Large tree license: shall authorize the business holding the license to
prune or remove trees of any size
(c) Plantinq license: shall authorize the business holding the license to plant
trees, shrubs, etc.
(d) Spray license: shall authorize the business holding the license to spray
or otherwise treat trees, shrubs or vines, or applying herbicides, insecticides,
fungicides, soil conditioners or fertilizers.
(e) Stumo removal license: shall authorize the business holding the license
to remove tree or shrub stumps.
(f) Arboriculturallicense: shall authorize the business holding the license to
perform all of the above categories,
Sec. 24-33. Application.
The application for every license to engage in business under the provisions
of this article 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 if the same be issued and for the performance
and rendition whereof he desires to be licensed. Applications for licenses
shall be accompanied with an application fee in the amount established by
resolution; provided however that no application fee shall be required for
renewal of an existing license. Any change of ownership require a new
application and license with payment of fees thereof. No license shall be
issued or renewed without the approval of the city forester and arborist
board.
Sec. 24-34. Examination of applicants.
Before any license shall be issued under the provisions of this article, the city
forester shall examine the applicant for such license, either orally or in writing
or partly orally and partly in writing as the city forester, in his discretion,
deems proper, covering the applicant's qualification and competency to
engage in the types, classifications or kinds of service for the performance
and rendition whereof his application discloses that 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 or testing as the city forester, in his discretion, deems proper.
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Sec. 24-35. Contents.
Every license issued under the provision of this article shall show upon its
face the types, classifications or kinds of service constituting all or any part
or parts of such business in which the license therein named is thereby
authorized to render or perform.
Sec. 24-36. Rules and regulations generally.
The arborist board may adopt rules and regulations governing those aspects
of the conduct of the businesses defined in sections 24-31 and 24-32 and
any and all parts thereof, 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 workman engaged therein, the
public and private property. It shall be unlawful for any licensee hereunder
to violate, or fail, neglect, or refuse to comply with any such rules and
regulations.
Sec. 24-37. Name, city of license to be displayed.
All automobiles, trucks, trailers and other vehicles operated by licensee
under the provisions of this article 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
city of such licensee displayed on both sides thereof in plain and legible
figures not less than three 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, and it shall be unlawful and ground for
revocation of his license for any licensee to operate any equipment to be
operated or drawn or towed upon the streets, alleys or other public places
within the city unless or without the same being so displayed thereon,
Sec. 24-38. Failure to obtain license.
(a) Any person or business engaging in business as outlined in this chapter
shall present proof of his license for inspection upon request of the city
forester or his designee.
(b) If the person or business is unable to produce proof of the license, or
identify the person in whose possession proof of such license could be
found, the city forester may order the person or business to cease his
operation immediately and not resume such operation until a valid license is
obtained.
(c) Any person or business who fails to comply with such order or directive
may be issued a municipal summons and complaint.
(d) Any person or business who fails to comply with an order to obtain a
license and continues to engage in business in the city, the city may seize
and impound any personal property of the person or business, or his agent,
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located in the city and used in any manner in furtherance of or to facilitate the
transaction of the business in the city, The person or business shall be
notified of the impoundment and shall have the right to demand an
administrative hearing before a hearing officer appointed by the city
manager. The hearing shall be held not later than five (5) working days from
the date of the seizure, unless the vendor requests a later date. The hearing
officer at such hearing shall determine only whether the person or business
had a valid arborist license and whether or not the impounded property was
used in the furtherance of or to facilitate the transaction of business. If no
hearing is demanded or if a hearing is held and it is determined that the
property was so used, the impounded property shall be held until the person
or business has obtained a license. The determination of the hearing officer
shall be appealable to the district court pursuant to Rule 106(a)(4) of the
Colorado Rules of Civil Procedure.
(e) If the person or business fails to apply for a license within ten (10) days
from the date of impoundment the city shall arrange to sell the personal
property at a public auction after thirty (30) days public notice by publication
not less than two (2) times in a newspaper of general circulation within the
city. Such property may be redeemed by the owner at any time prior to sale
by paying such license fees, together with such costs as have accrued from
the seizure and preparation for sale,
Sec. 24-39. Insurance required.
No license issued under this article shall be effective and no such license
shall be issued until the applicant or licensee shall have file with the city
forester a satisfactory public liability insurance policy covering all operations
of such applicant licensee in such business in the city in the sum of at least
two hundred fifty thousand dollars ($250,000.00) for each person injured and
not containing a limitation of liability of less than one million dollars
($1,000,000.00) in case of injury of two (2) or more persons in anyone (1)
accident, except that ornamental, planting and fertilizing licenses contain a
limitation of liability of less than six hundred thousand dollars ($600,000.00)
and in the sum of not less than one hundred thousand dollars ($100,000.00)
for damage to property. In addition, Workmen's Compensation insurance
satisfying the statutes of the State of Colorado shall be on file with the city
forester Should any policy be canceled, the city shall be notified of such
within ten (10) days after such cancellation is effective, and a provision to
that effect, which shall also place upon the company writing such policy the
duty to give such notice, shall be incorporated in each such policy. In the
event any such insurance policy at any time fails, in the opinion of the city
forester to comply with the provisions hereof or to afford reasonably
satisfactory protection to the persons intended to be protected thereby, it
shall in writing so notify the licensee and the arborist board and failure to
maintain the insurance required hereby shall be a ground for revocation of
any such license, or in the discretion of the city forester, for the suspension
thereof until the insurance required hereby be so furnished, It shall be
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unlawful for any person to engage in the business defined in this article while
his license to do so is for any reason suspended or atter the same is for and
reason revoked.
Sec. 24-40. Fee; limits on licensee's activity.
The annual license fee for every licensee to engage in the business under
the provisions of this article or in any type, classification or kind of service
constituting all or any part or parts of such business shall be established by
resolution and the issuance of such license shall entitle and authorize the
licensee therein named to engage in only such types, classifications or kinds
of service constituting all or any part or parts of such business shall be
designated or shown upon the face of such license. It shall be unlawful and
a ground for revocation of such license, for the licensee to engage in any
other or different type, classification or kind of service constituting all or any
part or parts of business.
Sec. 24-41. Violations.
It shall be a violation of this chapter to conduct landscape business within the
scope of this chapter within the city without a valid license or without an
application filed in a timely manner with the city forester. Each day that a
business is conducted in violation of this article shall be a separate offense.
Sec.24-42 Denial.
A license may be denied for any reason that it can be suspended or revoked.
Sec. 24-43 Revocation.
An arborist license may be revoked by the city forester:
(a) When the city forester determines that issuance of the license was
illegal or improper.
(b) When the license was issued to the wrong person, business or
premises or the wrong license was issued.
(c) When it appears that the license was obtained by fraud or
misrepresentation or false statements within the application.
(d) When it appears that the activity conducted pursuant to such license is
a public nuisance as defined by this code, state statute, or decided case law.
(e) Upon other grounds provided by this code, state statute or decided
case law.
Sec. 24-44 Suspension.
An arborist license may be suspended with or without conditions, by the city
forester when the license has, in the opinion of the city forester:
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(a) Conducted an activity pursuant to such license which violates this Code
or state statute.
(b) Demonstrated incompetence, as measured by generally accepted
industry standards.
(c) Misused the license
(d) Violated of the provisions or conditions of the license.
(e) Failed to comply with any of the license responsibilities imposed by this
chapter.
(f) Knowingly conspired with a person to permit a license to be used by
another person.
(g) Acted as an agent, partner, associate or in any capacity with persons
to evade the provisions of this article or rules and regulations of the city
forester or arborist board.
(h) Willfully violated or disregarded any of the provisions of Colorado
Statutes regarding the use of pesticides.
(i) Repeatedly violated the provisions of this chapter, the rules and
regulations of the city forester or arborist board, or repeatedly failed to obey
orders in a timely fashion.
0) Acted in a manner which would authorize revocation of a license except
actions which make revocation mandatory.
(k) Acted in a manner which would authorize suspension provided by this
Code.
Section 4. Application to Wheat Ridae Greenbelt. The requirements of
Sections 24-2,24-15 and 24-31 through 24--44 of Chapter 24 of the Code of Laws, as
amended by this Ordinance, shall not apply to the Wheat Ridge Greenbelt between
Youngfield and Harlan Streets The Mayor, City Forester and Arborist Board are hereby
directed to follow and consider, as appropriate, the Environmental Analysis and Evaluation
of Trail Corridors of the Wheat Ridge Greenbelt dated June 9, 1995, in enforcing the
provisions of this Ordinance within the Wheat Ridge Greenbelt, as described above.
Section 5. Safety Clause, The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that
this Ordinance is necessary for the preservation of health and safety and for the protection
of public convenience and welfare. The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be attained.
Section 6. Severabilitv: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections and clauses shall not be affected
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thereby. All other ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this
8th day of June, 1998, ordered published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final passage set for
June 22, 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado,
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0 , this 22nd day of June . 1998.
SIGNED by the Mayor on this 26th day of June , 1998.
'dJd :/ A"
WANDA SANG, CITY
ATTEST'
K
AS TO FORM BY CITY
First Publication' June 12, 1998
Second Publication: July 3, 1998
Wheat Ridge Transcript
Effective Date: July 18,1998
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