HomeMy Public PortalAboutORD12731 .aft ::.. .'; . .. .. ` .• . •. .. ._ t.,.". ..t_��4. BILL NO. 97-124 SUBSTITUTE C
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SPONSORED BY COUNCILMAN Vincent
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ORDINANCE NO. ✓ �3f
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING SECTION 7-17 !
OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO THE
ENVIRONMENTAL QUALITY COMMISSION BY AMENDING CERTAIN PARAGRAPHS
AND ENACTING A NEW ARTICLE II OF CHAPTER 23 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, PERTAINING TO ESTABLISHMENT OF FORESTRY
COMMISSION. "
.` BE IT ENACTED BY THE COUNCIL. OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS: °z
Section 1. Paragraph B of Section 7-17 of the Code of City of Jefferson, Missouri,
is hereby amended to read as follows:
B. Surny Monitor the streets street rights-of-way and public parking lots of the
city to.ascertain the quality of existing street tree planting plantings. After consulting with the
Department of Public Works and the Department of Parks and Recreation,andFshall prepare or r
cause to have prepared and/or amend a long range street tree Plug Plan,including
cost of installation mid inshitenance,such mthnates to include die p,*t nutintenance
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existing-street trees.for planting trees within city street rights-of-way and public parking lots.
Such plan shall specify and list varieties of trees approved for planting within designated streets x
rights-of-way and parking lots and shall,after Council approval,constitute the Non-Park Tree
Planting Plan for the City of Jefferson.
Section 2. Paragraph C of Section 7-17 of the Code of the City of Jefferson,
Missouri, is hereby amended to read as follows:
C. Prepare a long range city beautification program,includin
dition to sticet trees mid provisions t
recommendations to the Council for new plazas,fountains,
statuary and similar elements of a civic beautification. {' j
)[ reconnitendins beactificatio, Net1pull. t ."
Section 3. A new Article il,. entitled Forestry Commission, is hereby added to
a� 'Chapter 23,of the Code of the City of Jefferson to read as follows:
ARTICLE H. FORESTRY COMMISSION
Sec.23-11. Establishment and Desiguatioa of a City Forestry Commission. .
There is hereby established a_City Forestry Commission(hereinafter,,"Forestry
Commission"). The Parks and Recreation Commission of the City of Jefferson,Missouri,in . a'
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addition to other duties and responsibilities,is hereby designated as the Forestry Commission
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y Sec.23-12. Functions Generally.
A. The Forestry Commission shall have responsibility for implementation of the
Non-Park Tree Planting Plan,approved by the Council as provided in Section 7-17 of the Code `
of the City of Jefferson, in accordance with recognized horticultural, arboricultural and
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forestry standards and within budgetary constraints. J
B. The Nan-Park Tree Planting Plan approved by the Council and the Park Tree
Plan approved by the Forestry Commission shall together constitute the Comprehensive Tree
; ;. Plan for the city. Such plans will be incorpa � d the annual rsystem presented to he Council
requests for streets,parking lots,public grounds
for approval.
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C. Subject to other provisions of this article and the Code of the City of Jefferson,
r'<'r. the Forestry Commission shall undertake any action,or program and may formulate,adopt, r
and enforce rules and regulations it finds advisable or necessary for the Bare,preservation,
pruning, planting, removal and replanting of trees and shrubs and other landscaping and
establish standards for distances,clearances and species in parks,along street rights-of-way and
¢} in public parking lots.
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Sec.23-13.
Definitions.
City forester. The employee of the Parks and Recreation Commission so designated ,,
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by the director to administer the city's forestry program.
{ and Recreation Commission,as a part
t Park Tree Plan. The plan adopted by the Parks
of its duties to study, investigate, develop, update and administer plans for the care,
preservation,pruning,planting,replanting,removal or the disposition of trees and shrubs in
parks,greenways and public grounds maintained by the Parks and Recre ation Commission in t
accordance with recognized horticultural,arboricultural and forestry standards.
Park trees. Trees,shrubs,bushes,and all other woody vegetation in public parks," ;
grounds and greenways owned, controlled or maintained by the Parks and Recreation
Commission of the city.
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Private community trees: AD other trees within municipal boundaries not Included in
the definition of park trees,street trees,or public parking lot trees. f
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r Street trees and uublic uarkine lot trees, Trees,shrubs,bushes,and aB other,woody }
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+ vegetation located on land within the right-of way of all streets,avenues,and public parking
lots within the city with the exception of those trees and shrubs planted and maintained by the
t.., City.State of M�SSOUri on or abutting state grounds and tacillties or by agreement with the Ci
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To in Topping, rounding-off,or pollarding means a system
Topping, back of
limbs within the tree's crown to such a degree as to remove the normal canopy and disfigure
*5 the tree.
xR` Tree lawn. That part of a street or highway,right-of-way not covered by sidewalk or
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other paving,lying between the property line and that portion of the street or highway usually
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Sec.23-14. Designation of Director of Forestry.
A. The Director of the Parks and Recreation Commission shall also serve as a=S
r: Director of the Forestry Commission and is charged with responsibility for carrying out the �.
policy directives of the Forestry Commission. The Director of the Forestry Commission shall '.
hire such qualified forestry staff as necessary and delegate to them such duties as deemed ,
appropriate and shall designate a "city forester"within the organizational structure of the
Department of Parks and Recreation.
Sec 23-15. Duties of City Forester.
J A. Under the supervision of the Director of the Forestry Commission,it shall be
the duty of the city forester to see that all statutes and ordinances for the planting and
protection of trees are strictly enforced; to direct the time mad method of planting and
maintaining all trees in the streets and public places of the city,to consult with the Council,the
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Environmental Quality Commission,other city departments, the Forestry Commission and
property owners regarding the kind of trees and method of planting deemed desirable on
particular streets; to report to the Forestry Commission whenever trees have deed or need
attention,in order that the Forestry Commission may care for such trees or cause the same to _
be replaced,and to perform such other duties relating to his office as may be prescribed from`
' time to time by the Director of the Forestry Commission.
Z B. All planting, cutting, trimming,.and pruning of trees shall be under the j t
rune,or otherwise rt
' supervision of the city forester. It shall be unlawful to plant,cut,trim,top,p
disturb any tree or shrub in street rights-of-way or public property of the city,or cause such
F. acts to be done by others,without first obtaining a written permit from the city forester. The
.: city forester shall have authority to issue and deny permits for the planting,care and re moval :}
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of tress as provided for in this ordinance. The city forester shall issue the permit if the desired
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work is necessary'and the proposed method and workmanship are of a satisfactory nature;
provided that a permit Will not be required for the trimming or maintaining of shrubbery
,E growing on any streets rights-of-way for the purpose of maintaining proper clearance. The ! t
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n } Forestry Commission may establish fees for such permits as may be reasonable to recover the
r� cost of issuance and inspection and may require compensatory payments for the removal and ar
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C. of trees. E
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apt,f C. Any person aggrieved by the decision of the city forester to deny a permit may ;
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' appeal to the Director of the Forestry Commission whose decisions may be appealed to the
t Forestry Commission which shall have final authority. f 1
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I :Ste.,' 3-16: Funding and Operations. `
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The Parks and Recreation Commission has the responsibility to fund the care of park '
`&x trees as a part of its normal park system maintenance.and operations duties. The Forestry
Cori�mission,utilizing parks and recreation employees and equipment,will also be responsible ' '
for the care and maintenance of street trees and public parking lot trees with additional funding ti s
as appraved by the Council. Requests for such funding shall be clearly;distinguished from the. ;y#;
general fund operating subsidy for parks and recreation and shall be accounted for in stick way
3 as to accurately propose the cost of street tree and public parking lot tree care.. A.
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Sec.23-17. Removal of Dead,Dangerous,Damaged,or Diseased Trees. r
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The Forestry Commission shall have the right to cause the pruning, maintenance,
an removal of trees,plants and shrubs on public or private property within the city when s
such trees,plants or shrubs 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 forester shall have the
authority to follow the abatement procedures under the nuisance section of the code.
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Sec.23-18. Public Education and Training.
The Forestry Commission may from time to time offer consultation, training, and
education programs to homeowners,businesses,utilities,other public agencies,and tree service
companies regarding proper selection,planting,care,pruning,and removal of trees and shrubs
to protect and enhance the value of the urban forest in Jefferson City.
�= Sec.23-14. Interference with the Forestry Commission. x
y, A. It shall be unlawful for any person to prevent, delay, or interfere with the
Forestry Commission or any of its agents while engaging in and about the planting,cultivating,
mulching,pruning,spraying,or removing of any park tree,city grounds tree,street tree,p
parking lot tree,or trees on private grounds,as authorized in this ordinance.
., B. It sball be unlawful for any person to prevent,delay,.or interfere with access
to private property by the Forestry Commission or its representative in the legal performance
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of any section of this ordinance. ;
Sec.23-20. Penalty. '
An person violating any provision of this ordinance shall be subject b,in addition to t
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any ether penalties,the penalty as provided for the abatement of a nuisance. In addition,if as
a result of the violation of any provision of this ordinance,the injury,mutilation,or death off
any park tree,city grounds tree,street tree or public parking lot tree is caused,the cost of
repair or replacement of such tree or shrub shall be borne by the party in violation. The d
replacement value of trees and shrubs shall be determined in accordance with accepted
x� arboricultural standards.
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} Cross References-City Charter;Article VI;Chapter 1,General Provisions,sec.1-13; ,
' Chapter 21,Nuisances,sec.21-36,2143.
Section 4. Nothing contained in this ordinance shall serve to limit the ability of the s, 5`
ublic Works to control public rights-of-way for the purposes for.which.it was r
,Department of.P.
�t `donated or"acquired. g
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Section 5. Nothing contained in this ordinance shall serve to limit the ability of the
Parks and.Recreation Commission to manage, direct and operate park property.
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Section 6. If any section, subsection, sentence, clause, phrase or portion of this i
ordinance is for any reason held invalid or unconstitutional by any court of competent
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} Section 7. This Ordinance shall be in full force and effect from and after its passage
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Passed:
3 ' l Approved: .3' 3 , ?� "
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Presiding Officer Mayor
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