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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 i 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 -2- 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 -3- 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 { 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 -5- 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 -6-