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
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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~)
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.'--Block n~bers co~espond t5
:/lY- ,street ~n~bering system.
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