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Home My Public Portal AboutORD-CC-1964-02ORDINANCE 2-64 AN ORDINANCE CREATING THE MOAB CITY SHADE TREE COMMISSION, SPECIFYING ITS DUTIES AND POWERS: PROVIDING FOR A LICENSE AND BOND AND SPECIFYING THE PENALTY FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF MOAB CITY., STATE OF UTAH, AS FOLLOWS: SECTION 2---4-1: SHADE TREE COMMISSION. There is hereby created in the department of parks and public property a subordinate department to be known as the Shade Tree Department, the same to be under the direction of the Moab City Shade Tree Commission. SECTION 2-11-2: ORGANIZATION, MEMBERSII:IP,, VACANCIES. 'Ihe City Council shall _ a-ppo�i_nt a. Shade Tree Commission to be known as the Moab Shade Tree Commission, consisting of five members, one of whom shall be ex officio, the City Engineer, andthe other Four shall be :representative citizens. The in i. t i_a l appointment of said _['our citizens shall be made by said. Council by appointment of one citizen for a term of 2 years and until his successor shall have been appointed andqualified; one citizen shall be appointed for a term ol:' i years and until his successor shall be appointed and qualified; one ci.'ci_zen shall.. be appointed lo:r a term o:f 4 years and until his successor shall have been appointed and qualified and one citizen shall be appointed for a tern of `) years and unlit his successor shall_ have been appointed and qualified. After the initial_ appointments as aforesaid all successive appoin- tees shall_ be appointed for a term of five years and until_ their successors are appointed and qualified. The members of the Moab City Shade Tree Commis- s_iOn shall .serve without pay. The Commission shall select a Chairman from its members who shall serve until_ a successor is duly selected and qualified. The Shade Tree Commission shall_ recommend to the City Council the appoint- ment and employment of such officers and employees as may be necessary to carry on the work of the Shade Tree Department and the City Council may appoint and empty such officers and employees at such salaries as it may designate. SECTION 2-4-3; POWERS, DUTIES. The Moab City Shade Tree Commission shall, on behalf of and with the consent of the City Council, have the auth- ority to receive gifts or bequests from any person for the building, .improve- ment or maintenance of a civic arboretum, or for tree planting or maintenance on any street, avenue or public property. Said gifts or bequests shall be received by the City Treasurer and covered into a special fund for the pur- pose above set out. It shall be the duty of the Moab City Shade Tree Commission to make all plans for the Shade Tree Department and direct all of the operations of the said department, and to further the :interests of shade tree culture within the limits of Moab City. Moab City, through the shade Tree Commission, shall have authority to exercise Full control over the regulation, planting, care and control of shade and. ornamental_ trees and shrubbery now situate or which may hereafter be planted in any public street, avenue or way of Moab City; to direct the work of planting, pruning, spraying, removing and irrigating said trees and shrubs and the protection thereof for: the public good; to regulate and control the use of the grourd surrounding the same, so far as may be necessary for their proper growth., care and protection; to plant trees in. any public parking; to remove any tree, or part thereof, dangerous to public safety, or which has become a nuisance; to prohibit the planting, pruning or removal_ of any tree upon any public street or parking by any person., except under permit from the Shade Tree .Department; to make rules governing the care and treat- ment of street trees; to specify the manner in which planting and pruning of said trees shall be done; to establish a. mun.idipal tree nursery; to foster and establish. a public arboretum and to preserve, mark and maintain historic or notable trees. SECTION 2--4-4: REMOVAL, OF TREES; SHRUBS, LICENSE AND BOND REQUIRED, S. The City of Moab, through the Shade Tree Department shall have au.th- ority to condemn and. remove any tree stump, shrub or vine upon any of the streets, avenues or ways where the :sa:id tree, tree stump, shrub or vine is dead; diseased or for any other reason undesirable. The Shade Tree Department shall have auth- ority to trim or prune any street tree or remove any tree which has been plant- ed in violation of any City ordinance, without serving notice upon the owner of the abutting property. B. It shall be unlawful for any person to engage in the business or occu- pation of trimming, pruning, topping, treating, or removing trees that are loc- ated within the public streets parkings, or alleyways in Moab City without first applying for and procuring a. license as :Ln this section provided. C. The license fee which shall be payable to Moab City annually in advance; provided, however, that no License shall be required of any public service company engaging ::in trimming, pruning, topping, or removing trees in public streets, parkings, or alleyways in. the pursuit of their public service endeav- ors.. D. Before any .License shall be issued as above provided, each applicant therefore shall first file with Moab City, a Corporate Surety Bond in the amount of $5,000.00 indemnifying Moab City or any person injured or damaged against any Loss or damage of any kind of description resulting from the pur- suit of such business or occupation as hereinabove described. SECTION 2-i.-So R.EP:LACEMENTS° Whenever trees are removed from any pub- lic street, avenue or parking, adequate replacement shall be rnad.e by per- rn:i_ttees , such replacement to be determined by the Shade Tree Department, and :Ln consideration of said permit to remove said trees, perrnittees shalt sign an agreement to plant or pay for the planting of said replacement trees. When- ever public parkings are paved, an open.sing the size of which shall be speci- fied by Moab City Shade Tree Comm Lss-i_on•will be left unpaved for tree areas. Any pavement that may be laid over any tree location area. shall be ordered opened., or may be opened by the Shade Tree Department, and any rock or rock - work which occup:ied any tree location. area shall be ordered removed, or may be removed by the said Department. A tree guard of a character approved by the Shade Tree Department shall be placed around each tree planted in any public street, avenue or way. SECTION 2-4-6: PLANTING OF TREES. The Shade Tree Department shall desig- nate which species of -trees slra.L.t be planted on each street, avenue and way, and thereafter no other than the kind designated shall be planted on the said streets, avenues and ways without the consent of the Shade Tree Department, provided, that where streets, avenues and ways are not continuous, each section may be regarded by the Shade Tree department as a unit for purposes of tree designation„ Sa:id trees shall_ be planted at distances determined and specified by the Moab Shade Tree Department. The Shade Tree Department shall set stakes or marks to indicate planting locations, and :it shall be un- lawful to move or change the location of such stakes or marks, or to plant in any other location. on the sa:Lci street, avenue and way without the consent of the said department SECTION 2.-11-7: SPRAYING, CU°I:`T;ING AND DEFACING OF TREES AND SI-IRUBS, It shall be unlawful for any person, without a written permit from the Shade Tree Department to plant, prune, spray, remove, destroy, cut, girdle, paint, whitewash or deface any tree or shrub in any part of any of the streets, ave- nues or ways, or to injure any of the said trees or shrubs by root cutting or exposure, or by placing oil or any injurious chemical or substance on the ground around such tree or shrub, or by tying animals to, or by piling building materials about, or by attaching signs, supports, wires or other devices to any of the said trees or shrubs. Said permit shall state speci- fically the work to be dome under :.i.t, and. shall be void. after thirty days Frorn date thereof. SECTION 2--.4.--8: REMOVAI, OF STUMPS FROM STREETS. Any -tree, tree stump, shrub or vine that slral.l_ be removed from any of the streets, avenues, alleys or public ways shall be removed below the surLaee of the ground, so that the top of the stump removed. shall not project above the surface of the ground. SECTION 2-4-9: REVIEW OF ALL ACTS BY CITY COUNCIL. The City Council of Moab City shall have the right to review the conduct; acts and decisions of the Shade Tree Department. Any person may appeal from any ruling or order of the Shade Tree Department- to the City Council, who may hear the matter and make final decision. SECTION 2-4-10: PENALTIES. Any person, firm or corporation violating any provision of this Ordinance and upon conviction thereof shall be pun- ished by fine not exceeding $299.00 or by imprisonment for a period of not longer than 90 days, or by both such fine and imprisonment. Adopted, passed and approved by the unanimous vote of all members of the City Council of Moab City, Grand County, State of Utah, and approved by the Mayor of said City this 17th day of March, A. D., 1964. APPROVED: ATTEST: Mayor of Moab City, Utah City Recorder (SEAL)