HomeMy WebLinkAbout013 - 12/28/1951 - PERTAINING TO TREES, THEIR CARE AND PROTECTION (EMERGENCY ORDINANCE) ORDINANCE NO. 13 1951
BEING AN EMERGENCY ORDINANCE, PERTAINING TO TREES, THEIR CARE
AND PROTECTION, AND PROVIDING A PENALTY FOR THE VIOLATION
THEREOF,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 The City Manager to Employ Forester
The City Manager shall employ or contract a consulting forester to
advise and assist in carrying out the provisions of this ordinance who shall
be responsible to the City Manager and the Commissioner of Public Works
Section 2 Manager=s Power to Adopt Rules and Specifications
Subject to the approval and direction of the Commissioner of Public
Works the City Manager shall have the power to promulgate rules, regulations,
and specifications for the trimming, spraying, removal, planting, pruning,
and protection of trees, shrubs, vines, hedges, and other plants within the
limits of any street, alley, sidewalk, or other public place in the City of
Fort Collins
Section 3 Trimming, etc of Trees
The City Manager shall have the power to trim, spray, remove, plant,
and protect all trees, shrubs, vines, hedges, and other plants within the
limits of any street, alley, sidewalk, or other public place, or to require
the owner of any property abutting on any street, alley, sidewalk, or other
public place to trim any tree, shrub, vine, hedge or other plant, which may
project beyond the property line of such owner, onto or over public property,
or which may obstruct the light from any street lamp, the movement of
pedestrians, or the vision of drivers of vehicles at intersection, or which
may interfere with power lines at the expense of such owner
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Section 4 Removal of Dead or Dangerous Trees
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 property
abutting the premises of such owner, upon receipt of written notice of
the City Manager so to do and within such reasonable time as specified in
said notice
Section 5 Removal or Treatment of Infected or Infested Trees
It shall be the responsibility of the Forester to inspect all trees,
shrubs, vines, hedges, plants, logs, and branches upon any property within
the limits of the City of Fort Collins. Upon discovering any such trees,
shrubs, vines, hedges, plants, logs, or branches to be infected with any
disease or infested by any insects detrimental to the growth, health, and
life of such plants, the Forester shall notify the City Manager, who will
at once notify in writing the owner, agent, or occupant of the premises
whereon the same is located, of the condition thereof, and direct such owner,
agent, or occupant to eradicate, remove, and destroy such condition, or to
remove and destroy such trees, shrubs, vines, hedges, logs, branches, or
other plants
Section 6 Owner must care for Trees when Required.
The City Manager is authorized to require any owner or agent of any
premises to plant, trim, spray, remove or otherwise care for trees upon that
portion of any street upon which such premises abut It shall be the duty
of such owner, agent or occupant of such premises to comply with such re-
quirements within a reasonable time after receiving written notice so to do
from the City Manager, such time to be stated in said notice In the event
the owner, agent or occupant of any premises fails or neglects to comply
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with notice provided herein or notice provided for in Sections 3, 4 or 5
of this Ordinance, the City Manager is authorized to take the action re-
quired by said notice at the expense of the owner, agent or occupant of
said property, which expenses shall be collected in appropriate action
at law
Section 7 Regulations Pertaining to Species of Trees to be Planted
It shall be unlawful to plant in any street or other public place
in the City of Fort Collins any tree of the pistillate cottonwood, box elder,
or upright poplar species, and no upright evergreen shall be planted in the
Streets of the City of Fort Collins,
Section 8 Regulations Pertaining to Spacing of Trees
It shall be unlawful to space trees in any street or other public
place, other than as prescribed in the specifications promulgated by the
City Manager
Section 9, Pprmit Required to Plant or Remove Trees
It shall be unlawful to cut, trim, spray, remove, or plant any tree,
vine, shrub, hedge, or other plant within the limits of any streets, alley,
sidewalk, or other public place within the City of Fort Collins without
first having obtained a permit so to do from the City Manager
Section 10 Responsibility for Damaging Trees on Public Property
Any person, firm, or corporation, who shall injure, damage, or destroy
any tree, shrub, vine, hedge, or other plant situated in any street, alley,
sidewalk, or other public place in the City of Fort Collins shall promptly
notify the City Manager of such fact and shall, within such reasonable time
as specified by the City Manager, repair or replace the same to the satis-
faction of the City Manager upon the advice of the Forester. Should the said
person, firm, or corporation fail or refuse to repair or replace the said
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damaged or destroyed plants within such reasonable time, the City Manager shall
do or cause to be done the necessary repairing or replacement, and the costs
of this work shall be recovered from said person, firm, or corporation
responsible for the damage or destruction by a proper action at law
Section 11 License Required for Tree Care and Removal
It shall be unlawful for any person, firm or corporation to engage
in the business of planting, cutting, trimming, pruning, removing, or spraying
trees, shrubs, vines or hedges without first procuring a license therefor
from the City Clerk No such license shall be issued without 6he written
approval of the City Manager upon the advice of the Forester, who shall first
be satisfied of the competency of the applicant to engage in such business as
indicated by an examination before the Forester, either oral or written
Prior to issuance of such license, the applicant also shall post bond in the
sum of Five Hundred Dollars WOO 00), with sureties to be approved by the
City Clerk, for the payment of all fines, penalties and costs that may be
adjudged against said licensee for violation of this Ordinance, and for the
purpose of indemnifying the City of Fort Collins, or other person, from loss
or damage resulting to any person or property by the negligence of said
licensee Such license shall be issued for a period of one year, and expire
on the 31st day of December following its issuance The license fee shall
be Five Dollars W 00) per year or fraction thereof, payable in advance
Any such license may be revoked by the City Council after hearing upon a show-
ing that licensee has violated the rules and regulations of the City Manager,
or the provisions of this or any other ordinance of the City of Fort Collins
Section 12 Repeal
111 ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed
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Section 13 Severability
If any provision of this ordinance or its application to any person
or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of this ordinance The Council hereby declares
that in these regards the provisions of this Ordinance are severable,
Section 14 Short Title
This ordinance may be cited as an ordinance on Protection of Trees,
or the City Forestry Code
Section 15. Penalty Clause
Any person, firm, or corporation who shall violate any of the pro-
visions of this Ordinance, shall, upon conviction, be punished by a fine
not to exceed three hundred dollars WOO 00), or by imprisonment not to
exceed ninety (90) days, or both such fine and imprisonment.
Section 16 Emergency Clause
In the opinion of the City Council an emergency exists for the
preservation of the public health, peace and safety, and this Ordinance
shall take effect upon its passage under and by virtue of the authority
contained in Sections 6 and 7 of Article IV of the City Charter
Introduced, read at length and adopted by the unanimous vote of all
members of the City Council at a regular meeting held this 28th day of
December, A. D 1951
1F.0m,VG� 3wzzt�
Topmassioner o y an x- c o
Mayor
ATTEST
iyCer
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STATE OF COLORADO)
) ss
COUNTY OF LARIMER)
I, MILES F HOUSE, City Clerk of the City of Fort Collins, do
hereby certify and declare that the aforesaid Ordinance, consisting of
sixteen Sections, was duly proposed and read at length at a regular
meeting of the City Council, held on the 28th day of December, A. D. 1951,
and was duly adopted and ordered published in the Fort Collins Coloradoan,
a daily newspaper and the official �newspaper of the City of Fort Collins,
by the unanimous vote of all members of the City Council as an emergency
ordinance, in accordance with the provisions of Sections 6 and 7 of
Article IV of the City Charter, and thereafter and on, to-wit the 2nd
day of January , 195 2 said Ordinance No. 3-3 was duly
published in the Fort Collins Coloradoan, a daily newspaper published in
the City of Fort Collins, Colorado
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said City, this 2nd day of January A. D 195 2
s
City Clerk
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