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Home My Public Portal About049-1993 - GENERAL ORDINANCE AMENDING AND RESTATING CHAPTER 97ORDINANCE NO. 49-1993 A GENERAL ORDINANCE AMENDING AND RE -STATING CHAPTER 97 OF THE RICHMOND CODE WHICH CREATED THE STREET TREE COMMISSION WHEREAS Ordinance No. 47-1986 adopted July 7, 1986, created the Street Tree Commission and was amended by Ordinance No. 7-1987 adopted April 20, 1987, Ordinance No. 9-1988 adopted February 1, 1988, and Ordinance No. 20- 199A adopted April 20, 1992, and WHEREAS the development of the Commission's programs and its experience to date in working to achieve its objectives has indicated additional amendments of the ordinance, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Chapter 97 of the Richmond Code be amended and re -stated as follows: 97.00 STREET TREE COMMISSION There is hereby established a Street Tree Commission for the City of Richmond, Indiana. 97.01 DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number. The word "shall" is defined as mandatory and not merely directory. A. "City" is the City of Richmond. B . "Municipal Property" is a parkway, parking lot, or other property under the control or jurisdiction of the City. C. "Person" is any public or private individual, group, company, firm, corporation, partnership, association, society or any other combination of human beings whether legal or natural. D. "Public Right -of -Way" is the width between property lines abutting a street, alley, or boulevard. E. "Street Tree" is any tree in a public place. F. "Commission" shall mean the Richmond, Indiana, Street Tree Commission 97.02 MEMBERSHIP The Commission shall be comprised of 10 members, each of whom shall be entitled to one vote. Said members shall serve without compensation and shall adopt their own by-laws including the designation and election of officers. A. Three citizen members shall be appointed by the Mayor, for 3 year staggered terms beginning with 1, 2, & 3 year terms respectively; B . Three citizen members shall be appointed by Common Council, for 3 year staggered terms beginning with 1, 2 & 3 year terms respectively; C. One member shall be appointed annually by the Richmond Advisory Plan Commission; D. The Director of the Department of Public Works, Sanitation and Aviation shall serve by virtue of holding such office; E. The Superintendent of the Transmission and Distribution Department of Richmond Power and Light shall serve by virtue of holding such office or the designated representative of such person, and F. A member of Common Council shall be designated by the President of the Council annually. 97.03POWERS AND DUTIES A. The Commission shall control the care, planting, removal and disposition of trees and shrubs in public streets and right-of-ways. B. The Commission shall give advice to Common Council, provide leadership in the development of understanding of the objectives and methods of the tree program, and assist the City in the development and maintenance of technical specifications and guidelines. C. The Commission shall produce and maintain a list of the kinds and species of trees suitable and desirable for planting and the areas and conditions under which such trees should be planted. 4 STREET TREE COMMISSION The Commission .shall have the authority to regulate the planting, maintenance, and control of all trees, shrubs, and plants planted, or to be planted, on the public right-of-way and on municipal property. 97.05 INTERFERENCE. WITH STREET TREE COMMISSION No person shall hinder, prevent, or interfere with the agents or representatives of the Commission while such persons are carrying out the provisions of this chapter. 97.06 PLANTING, AND REMOVAL A. It shall be a violation of this Chapter for any person to plant any trees, shrubs, or any other plants on any public right-of-way or municipal property until a permit has been obtained from the Commission. The purpose of this restriction is to reduce overhead line clearance and tree removal costs, and lessen potential highway hazards by reducing interference with street lighting and the danger of falling limbs and trees. The Commission is authorized to refuse the granting of a permit when the planting is likely to create a public danger or nuisance or be detrimental to the growth of adjacent trees. B . The Commission may remove, prune or cause to be removed and pruned, all trees, shrubs, or plants that are planted on the public right-of-way or municipal property, when it is determined the pruning or removal will be beneficial to the peace, health, and safety of the public and public improvements or where trees, shrubs, or plants are detrimental to the growth of adjacent trees. 97.07 LOCATION OF TREES ALQ Q THE STREET A. On streets with a narrow planting strip between the sidewalk and curb, consideration should be given to planting trees on private property inside the sidewalk. B. Where there is a planting strip of at least three feet, trees can be grown satisfactorily on the city -owned property between the sidewalk and curb. The Commission shall determine the kind of trees that should be planted, taking into consideration the space available. 97.08 PERMISSION TO PLANT A. Permission must be obtained before planting any tree or shrub in the planting strip between sidewalk and curb. This permit to plant shall be granted by the Commission. The purpose of this permit is to insure the planting of good kinds of trees and proper spacing along the streets. B . No permit is needed to plant trees on private property inside the sidewalk. It is suggested, however, that the property owner use trees such as those mentioned in this chapter as being desirable and take into consideration the space available for tree growth. 97.09 PLANTING AND CARE A. In general it will be more satisfactory to engage a nurseryman, arborist, or someone familiar with tree care to do the planting. If the property owner does the planting, he or she should familiarize himself or herself with the requirements for successfully transplanting trees. Property owners should follow the planting guidelines found in the publication of the Commission, "Street Trees for Richmond". - B . All materials to be planted should be nursery stock. C. Proper watering is extremely important for trees the first two years following transplanting. During dry periods, add enough water to soak the soil to root depth once a week. Transplanted trees can be over watered. If the soil is heavy and drains poorly the trees can be injured by too much water as well as too little. Instructions for watering can be found in "Street Trees for Richmond" and in the Street Tree leaflet. Bark or cypress mulch applied to the soil around the tree will help conserve moisture. 22,IQ SPACING OF STREET TREES A. The spacing of shade trees classified as small or medium in the list of acceptable trees in "Street Trees for Richmond" shall be established by the mature height of the tree and in no instance shall be less than that of the anticipated mature height desired tree or trees. Large trees can be spaced a minimum of 50 feet apart, medium trees 45 feet apart and small trees 40 fee apart. B. No trees shall be planted within 10 feet of a fire hydrant. C. No tree shall be planted within 3 feet of a curb cut. D. The clearance from existing features such as utility poles, existing trees, or alley lines shall be maintained at one-half the anticipated mature height of the tree. E. No tree shall be planted within 30 feet of a curb defining an intersection of streets or the edge of the pavement at an intersection of streets where there is no curb. F . Areas which are unique for purposes of tree planting should be addressed to the Commission for study and recommendation. 97.11 PROTECTION OF TREES A. No person shall prune, cut, molest, break, deface, destroy, repair, or do surgery on any tree or part thereof, or in any manner interfere with, disturb, or injure any tree, shrub, or plant on public right-of-ways or municipal property, nor shall any person permit any chemical, either solid or fluid to seep, drain, or be emptied on or about any tree, shrub, or plant that is now or thereafter, growing on a public right-of-way or municipal property. B . No person shall fasten to a tree or shrub, for the purpose of anchorage, any wire, rope, chain, or cables. No person shall nail, tie, or in any other manner fasten any cords, signs, posters, boards, or any other particle to any tree, shrub, or plant that is now or may hereafter be growing on any right-of-way or municipal property. The only exception to this rule will be the 1st year staking of newly planted trees. 97.12 REMOVAL OF TREES Any tree removed from the public right-of-way or municipal property, must be cut low to the ground and no brush, limbs, or other parts of the tree shall be allowed to remain on any city street overnight. 97.13 LIABILITY OF CITY AND RESPONSIBILITY OF OWNER OR OCCUPANT Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property in a safe condition. 97.14 ABUSE A. It shall be unlawful for any person to: 1. damage, cut, carve or injure any street tree; 2. attach any sign, wire, or injurious material to any street tree; 3. cause or permit any wire charged with electricity to come in contact with any street tree, and 4. remove any street tree without permission from the office of the Director of the Department of Public Works, Sanitation and Aviation. • ' •II•�► • ► M: •J II • ► • ' M • ►I In connection with the erection, alteration or repair of any building or structure, or other construction activity, the owner thereof, or his agent or independent contractor, shall take all necessary steps to prevent injury to any trees or shrubs growing in any public street, alley, way, place or public park. 97.16 REQIM ED PRUNING Any person who occupies real property abutting a street or alley or sidewalk and has trees or shrubs on his or her private property with limbs extending over public streets, alleys or sidewalks shall prune such trees or shrubs in order to prevent such limbs from striking vehicular traffic, pedestrians, and cyclists and obstructing the view of traffic signs or signals. The minimum clearance shall be S feet over sidewalks and 14 feet over the travelled portion of streets or alleys. 97.17 PUBLIC UTILITIES Any public utility furnishing services to residents of Richmond, Indiana, may be authorized by the Director of the Department of Public Works, Sanitation and Aviation to prune and trim street trees as may be necessary to maintain a safe operation of its business. Such pruning and trimming shall be done in the manner and methods prescribed by the Commission. Notices of the rules and regulations adopted by Commission pertaining to public utilities shall be sent by certified mail by the Commission to each utility servicing the residents of the City of Richmond at least once every calendar year. 97.18 ENFORCEMENT AND PENALTIES A. Any person or entity who violates this Chapter shall be guilty of an ordinance violation and subject to a fine of not less than $25.00 nor more than $250.00. Each act of violation constitutes a separate offense. B. If such violation results in permanent injury or the death of any tree or shrub protected by this Chapter, the cost of replacement of such tree or shrub shall be borne by the party in violation in addition to any fine assessed under Part A of this section. C. In addition to Imes, the City of Richmond may seek injunctive relief to obtain compliance with this Chapter. D. All fines collected by the City for violation of this Chapter shall be available to the Commission for planting projects. Passed and adopted this 4th day of October 1993, by the Common Council of the City of Richmond, Indiana. Q. i ,President (Etta J undy) ATTEST. —0,City Clerk orma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this 5th day of October 1993, at 9:00 a.m. i Clerk ty (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this 5th day of October, 1993, at 9:05 a.m. ATTEST. LCO._M\. -" I City Clerk (No Carnes) DISPOSITION OF ORDINANCE NO. IL -M 3 RESOLUTION NO. -199— by Common Council Ordinance No. Resolution No. Elstro Lundy Brookbank Donat McBride Parker Dickman Alien Hutton Susp. rules Ist read t... Title only Proof of Publicaton Seconded Move to Znd read Seconded Engrossment ................................ ------•- --- ------ - Seconded Susp rules 3rd read Seconded Passage ✓ ✓ ✓ 14y� ✓ ✓ ✓ ✓._. -- -- --O R- _.---..................�I� -- -------------- ----------- Rejection Date Passed COMMITTEE ASSIGNME TS: Committee Date Commttee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: