HomeMy WebLinkAbout2004-OR-21 ABOLISHED SEE 2012-OR-25
Ordinance No. 2004-OR- 21
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JFFFERSONVILLE
IN THE STATE OF INDIANA
AN ORDINANCE ESTABLISHING CITY TREE BOARD
WHEREAS, the Common Council of the City of Jeffersonville ("the Council) has the
statutoDr authority to enact ordinances to promote the general welfare of the citizens; and
WHEREAS, the City of Jeffersonville ("the City") does not have any ordinance that
effectively regulates and protects trees; and
WHEREAS, the Council desires to establish certain regulations and procedures with the
intent to promote tree conservation;
NOW, THEREFORE, BE IT ORDAINED by the Council that a City Tree Board is
hereby established; and
IT IS FURTHER ORDAINED by the Council that the following rules and regulations
are hereby adopted for the purposes of the City Tree Board:
Street Trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other
woody vegetation on land !y:mg ~etw~cn prc~e~;y !:~n~s cn e:~t!~er sid~ ~f al! ~tr~ets,
avcn~:es~ ~r ways located within public rights-of-way within the city.
Park Trees: "Park Trees" are heroin defined as trees, shrubs, bushes and all other
woody vegetation located within public parks hav:,ng ~n2;~¥:~2~:al names, and all othe~
areas owned by the City._,-cu~te-w~ic~ t~e p~,~b![e has-fq~ee4eee.~a part~.
Section 2. Creation and Establishment ora City Tree Board.,
There is hereby created and established a City Tree Board for the City of Jeffersonville,
Indiana which shall consist of five members, citizens and residents of this city, Three
,::bo shall be appointed by the Mayor, and two shall be appointed by the Common
Council.mayor:
Section 3. Term o['office
The term of the five persons to be appointed~ shall be two years. In the
event that a vacancy shall occur during the term of any member, his successor shall be
appointed for the unexpired portion of the term.
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Section 4. Compensation
Members of the Board shall serve and ............................... r- r
~ ~t5 without comoensation.
Section 5. Duties and Responsibilities.
It shall be the responsibility of the Board to study, investigate, council and develop and/or
update annually, and administer a written plan for the care, preservation, pruning,
planting, replanting, removal or disposition of trees and shrubs in parks, along streets and
in other public areas. Such plan will be presented annually to the Common Council and
upon their acceptance and approval shall constitute the official comprehensive city tree
plan for the city of Jeffersonville, Indiana. The Board, when requested by the Common
Council, shall consider, investigate, make finding, report and recommend upon any
special matter of question coming within the scope of this work.
Section 6. Operation,
The board shall choose it's own officers, make it's own roles and regulations and keep a
journal of its proceedings. A majority of the members shall quorum for the transaction of
business.
Section 7. Street Tree Species to be Planted
The following list constitutes the official Street Tree species for Jeffersonville Indiana.
No species other than those included in this list may be planted as Street Trees without
written permission of the City Tree Board.
Small Trees: Apricot, Flowering Crabapple, Bradford Pear, Redbud, Soapberry, Japanese
Lilac; Tree, Flowering Peach, Plum, Purple leaf, Serviceberry.
Medium Trees: Ash green, Hackberry, Honey locust (thom less), Linden or Basswood,
Red Mulberry (fruitless male), English Oak, Red Oak, Japanese Pagoda tree, Pecan,
River Birch, Osage orange (male, thom less), Persimmon, White Poplar, Sassafras.
Large Trees: Coffee tree, Kentucky Maple, Silver Maple, Sugar Oak, Bur Sycamore,
London Plan tree, Cottonwood (cotton less, male)
Section 8. Spacing
The spacing of Street Trees will be in accordance with the three species size classes listed
in section 7 of this ordinance, and no trees may be planted closer together than the
following: Small Trees, 30 feet; Medium Trees 40 feet; and Large Trees, 50 feet; except
in special plantings designed or approved by a landscape architect and approved by the
Tree Board.
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Section 9. Distance from Curb and Sidewalk
The distance trees may be planted from curbs or curb lines and sidewalks will be in
accordance with the three special size classes listed in section 7 of this ordinance, and no
trees may be planted closer to any curb or sidewalk than the following without written
permission of the City 'Free Board: Small Trees, 2 feet; Medium Trees 3 feet; and Large
Trees, 4 feet.
Section 10. Distance from Street Corners and FireptugsHvdrants
No Street Tree shall be planted closer than 35 feet of any Street Comer, measured from
the point of nearest intersecting curbs or curb lines. No Street Tree shall be planted
closer than 10 feet of any gircp!ugfil'e hydrant.
Section 11. Utilities
No Street Trees other than those species listed as Small Trees in Section 7 of this
ordinance may be planted under or within 10 lateral feet of any overhead utility wire, or
over or within 5 lateral feet of any underground water line, sewer line, transmission line
or other utility.
Section 12. Public Tree Care
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs
within the linc:, of all :,treets, attey~, avenue'o, 1~~ all ublic r'~q~ts-of-wa
public parks and other.public grounds, as may be necessary to insure public safety or to
preserve or enhance the symmetry and beauty of such public grounds.
The City Tree Board may remove or cause or order to be removed, any tree or part
thereof which is in an unsafe condition or which by reason of it's nature is injurious to
sewers, electric power lines, gas lines, water, or other public improvementS, or is affected
with any injurious fungus, insect or pest. This selection does not prohibit the planting of
Street Trees by adjacent property owners providing that the selection and location of said
trees is in accordance with sections 7 through 11 of this ordinance and are approved bi
the Board of Public Works and Safety
Section 13. Tree Topping
40 It is unlawful as a normal practice for any person, firm or city department to top any
41 Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe
42 cutting cutting back of limbs to stubs larger than three inches in diameter within the tree's
43 crown to such a degree so as to remove the normal canopy and disfigure the tree. Tree's
44 severely damaged by storms or other causes, or certain tree's under utility wires or other
45 obstructions where other running practices are impractical may be exempted from this
46 ordinance at the determination of the City Tree Board.
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Section 14. Pruning, Corner Clearance
Every owner of any tree overhanging any street or right-of-way within the city shall
prune the branches so that such branches shall not obstruct the light from any street lamp
or obstruct the view of any street intersection and so that there shall be a clear space of
eight feet (8') above the surface of the street or sidewalk, said owners shall remove all
dead, diseased or dangerous tree's or broken or decayed limbs, which constitute a menace
to the safety of the public. The city shall have the right to prune any tree or shrub on
private property when it interferes with the proper spread of light along the street from a
streetlight or interferes with visibility of any traffic control device or sign.
Section 15. Dead or Diseased Tree Removal on Private Propert~
The city shall have the right to cause the removal of any dead or diseased trees on private
property within the city, when such trees constitute a hazard to life and property, or
harbor insects or disease which constitute a potential threat to other trees within the city.
The City Tree Board will notify in witing the owners of such trees. Said owners at their
own expense shall do removal within siXty days after the date of service of notice. In the
event of failure of owners to comply with such provisions, the city shall have the
authority to remove such trees and charge the cost of removal on the owners property tax
notice.
Section 16. Removal of Stumps
All stumps of street and park trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground.
Section 17. Interference with Cit~ Tree Board
It shall be unlawful for any person to prevent, delay or interfere with the City ~T_ree
Board, or any agents, while engaging in and about the planting, cultivating, mulching,
pruning, spraying, or re~noving of any Street Trees, Park Trees, or trees on private
grounds, as authorized in this ordinance.
Section 18. Arborists License and Bond
It shall be unlawful for any person or firm to engage in the business or occupation of
39 pruning, treating, or removing street or park trees within the City without first applying
40 for and procuring a license. The license fee shall be $25.00 armually in advance;
41 provided, however, that no license shall be required of any public service company or
42 city employee doing such work in the pursuit of their public service endeavors. Before
43 any license shall be issued, each applicant shall first file evidence of possession of
44 liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000
45 property damage indemnifying the City or any person injured or damaged resulting from
46 the pursuit of such endeavors as herein described.
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Section 19. Review b~, Common Council
The Common Council shall have the right to review the conduct, acts and decisions of the
City Tree Board. Any person may appeal from any ruling or order of the City Tree Board
to the Common Council who may hear the matter and make final decision.
Any person violating any provision of this ordinance shall be, upon conviction or plea of
guilty, subject to a fine not to exceed $2,500.00.
Section 21. Effective Date
The Clerk-Treasurer shall publish this ordinance in The Evening News__Fithin thiry (301
d~ays of passa~his ordinance shall be in full force and effect upon its publication.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this _r~ day of~
2004.
COMMON COUNCIL OF
THE CITY/OF'J ~/L~SONVILLE,
By:_ ['" /
Ro'b~rt L ~aiz, Jr.
Presidi~ Officer
ATTEST:
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Peggy ~er
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~ dayof~.nx ~ 2004.
Peggy Wfmer
Clerk-Treasurer
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2004.
This Ordinance approved and signed by me th~.~/~ of
Robert L. Waltz, Jr., Mayor
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