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HomeMy WebLinkAbout2076 Street and Park TreesORDINANCE NO. 2076 AN ORDINANCE REGULATING STREET AND PARK TREES WITHIN THE CITY; PROVIDING FOR DEFINITIONS OF TERMS, RULES, AND REGULATIONS; ESTABLISHING PENALTIES FOR VIOLATIONS AND AN EFFECTIVE DATE, AND AMENDING ORDINANCE NO. 1690. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED DO ORDAINAS FOLLOWS: Sec.tipB 1p~Br4~4zse.>. Much of the beauty of the City of Port Townsend is concentrated in the trees situated in and along the public right of ways within the City of Port Townsend. In order to maintain, preserve and enhance the beauty of the City, it is desirable that the rules andsta~rds~- set forth in this ordi- nance be established. Section 2 Definition. s. (a) "Street Trees": Street Trees are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between the property lines on either side of all streets, avenues, or ways within the City, as shown by Exhibit A attached hereto and by this reference incorporated herein as if set forth in full. (b) "Park Trees": Park Trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, or located on all other property owned by the City of Port Townsen~thin-the City Limits. Section 3. Public Street and Park Tree Care. The City Parks Department shall have the sole right to cut, trim, prune, maintain and remove all street trees and park trees within the City as may be necessary for public safety or to preserve or enhance the symmetry and beauty of such public grounds, streets and side- walks, within the areas shown on ~x~hih~ A attached hereto. -%~he ~t~et Dcpa~t~nt ~i~ii i~ve the same ~thoriLy ~nd £e~ponsi- Section 4. Abuse or Mutilation of Street Trees. It shall be unlawfu~ for any person to intentionally damage, cut, trim, prune, carve, transplat or remove any street tree or park tree; or to attache any rope, wire, nail, poster, sign or other object or con- trivance to any street tree or park tree; or to allow any gas, chemical or liquid or any solid substance of any kind which is harmful to such trees to come in contact with such trees, including but not limited to gasoline, oil, paint, paint thinner, construc- tion material, plaster, garbage, litter, waste water, sewage, soap or detergents, solvents, herbicides, fertilizers, or bleach, regardless of whether any such materials harm any such tree or not; or to set fire'-~ or permit or allow any fire to burn when such fire or the heat thereof will injure any portion of any street tree or park tree. Section 5. Review by _Ci.t~ Council. The City Council shall have the right to review the conduct, acts and decisions of the City Parks Department. In addition, any person may -1- appeal from any ruling or order of the City Parks Department to the City Council, within thirty days of the date of such ruling or order, by filing a request for review with the City Clerk of the City. The request for review shall contain a statement of the ruling or order being appealed from, and a statement~' df-~he basis for the appeal. The City Council shall schedule a hearing on the matter and make a de- cision, which decision shall be final. Section 6. Amendment of prdinance ~1,6.9.,0r, Section 1. Sec- tion 1 of Ordinance No. 1690 together with Section 12.10.010 of the Port Townsend Municipal Code are each amended to read as follows: "1,2..1,0.~1,0 c~.t,t,.~nq cert, ain tre.es.. Notwithstanding Se~tigD 4 of Ordinance. No,..2O3~ ., (N)~o tree having a diameter of six (ewe~ve~ inches or more, when measured one inch above normal grade, shall be cut down, damaged (e~)~ removed ~. ~trimmed or pruned on or from any street right-of-way .~ al!~ey or sidewalk in the city except upon approval of the city council by motion passed at a (~e~a~) city council meeting." S.~.c~i0n' 7,...~AmeD,d~.n,t,,o.f O,r~DBng~.,1.6.,9D_, .Section 2. Section 2 of Ordinance No. 1690, together with Section 12.10.020 of the Port Townsend Municipal Code are each amended to read as follows: "1,~,...10.020. Pruning. Nothing herein shall be construed to prevent the necessary pruning of trees for purposes of (e~e~a- ~e~?-~ame~a~--~~es-~-~-~e~ee~) prD~c~.ing telephone, electrical or other above ground u.til.!ty wiring~ or for vehicular or other safety ~.urpos.es by _~ity. emp_lgye~s~." ' ' Se'6t'i'o'n 8.' PeD.al~ie.s .f.or ~i.olatio~s. Any person~ violating any provision of this ordinance or of Ordinance No. 1690, as amended, shall be guilty of a misdemeanor, the penalty for which shall be a fine of not less than $25.00 nor more than $1,000.00. Section 9... Sever.ability. if any term or provision'of this ordinance is declared to be invalid by any court of competent jurisdiction, then in such event the remainder of this ordinance or parts thereof not affected shall continue in full force and effect. Section.!0 Ef~c.~iye. D~te. This ordinance shall take effect upon its passage, approval and pUblication in the form and manner provided by law. Read for the first, second and third times~passed by the City Council for the City of Port Townsend on 1987, and signed by the Mayor of the City on 1987. Dave/~rove, Ci~ Clerk kpp ~v~L-9 s, t~/f o rm: MAYOR BRENT SHIR~) -2- :¥ .'--Block n~bers co~espond t5 :/lY- ,street ~n~bering system. .r ! -I II 1 . ILINE 17