HomeMy WebLinkAbout2025-05-8844ORDINANCE NO. 2025-05-8844
AN ORDINANCE AMENDING CHAPTER 118 "VEGETATION" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, the City of Paducah recognizes that trees are a vital public resource,
providing environmental, aesthetic, economic, and health benefits to the community; and
WHEREAS, a healthy and robust tree canopy contributes significantly to the
community's climate resilience by reducing urban heat, improving air quality, managing
stormwater, and supporting biodiversity; and
WHEREAS, the City finds it in the public interest to invest in and protect its tree canopy
through proactive regulations, public education, and community partnerships; and
WHEREAS, the Tree Advisory Board serves as a vital partner in shaping and
recommending urban forestry policies, and expanding its advisory role and oversight
responsibilities will enhance the City's efforts to manage and preserve tree resources effectively.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends Chapter 118,
Vegetation, of the Paducah Code of Ordinances as follows:
ARTICLE I. -IN GENERAL
See. 118-1. Purpose.
The purpose of this chapter is to regulate and control planting of trees and shrubbery to
encourage the protection of existing trees in the streets and public grounds within the City, and to
establish procedures and practices for fulfilling these purposes.
Sees. 118-2-118-30. - Reserved.
ARTICLE II - TREES ONPUBLIC PROPERTY
DIVISION]. —GENERALLY
See. 118-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Appointee means the individual or authorized agent employed by the City and directed by
the City Manager to be responsible for carrying out the duties described in this article and for
administration, implementation, and overseeing of the various duties.
Bole means the main stem of a tree structure also considered the trunk of the tree up to
where main branches begin to stem.
DBH (diameter at breast height) means the total cross sectional diameter in inches of a tree
measured at a height of four and one-half (4'/z) feet.
Drip line means the outermost edge of a tree's canopy. When depicted in plan view, the drip
line will appear as an irregularly shaped circle defining the canopy perimeter. (See Illustration
#1.)
I I P a g e
Rootlets
Illustration #1
Large tree means any tree species that normally attains a full-grown height in excess of fifty
(50) feet.
Medium tree means any tree species that normally attains a full-grown height between
twenty-six (26) and fifty (50) feet.
Person means any person, corporation, partnership, company, contracting firm or other
entity, including those employed under a contract with the City.
Planting area means a pervious area within the right-of-way that lies between the curb and
sidewalk, curb and building, or curb and other structures.
Right-of-way means all improved publicly dedicated and maintained facilities, public utility
and drainage easements. (See Illustration #2.)
Illustration #2
Small tree means any tree species that normally attains a full-grown height of under twenty-
six (26) feet.
Street tree means any tree within the public right-of-way.
Tree means any upright woody plant with one (1) main stem and a minimum DBH of four
(4)inches.
Tree protection area (TPA) means the drip line or a lesser distance provided it will not
adversely affect the health of protected trees as determined by the Appointee.
Sec. 118-32. City department justification, duties and authority.
(a) Appointee.
(1) For the purpose of carrying out the provisions of this article, the Appointee or
designee, shall have the jurisdiction, authority, control, supervision and direction over
trees and shrubs planted or growing in or upon the public right-of-way, and on public
grounds within the City, and the planting, removal, care, maintenance and protection
thereof.
(2) The Appointee shall be responsible for assisting the development of a tree planting
& replacement plan for City -owned lots & rights-of-way.
Street-tree-pla}t. The master streetL'f
tree 1.. shall si fi al. estandards,
and speeies for tree planting within street rights of way and other- publie sites in
the City. Prior- to its publiention, the plan shall be presented to the-T-ree7Adv4soff
_. ____.21Page
ew
SidSidalk
DrI6
Gra.6 Sm
Tlmt
.1,a' n
,a sNWrt Svl
Ditch
Sidewalk
Illustration #2
Small tree means any tree species that normally attains a full-grown height of under twenty-
six (26) feet.
Street tree means any tree within the public right-of-way.
Tree means any upright woody plant with one (1) main stem and a minimum DBH of four
(4)inches.
Tree protection area (TPA) means the drip line or a lesser distance provided it will not
adversely affect the health of protected trees as determined by the Appointee.
Sec. 118-32. City department justification, duties and authority.
(a) Appointee.
(1) For the purpose of carrying out the provisions of this article, the Appointee or
designee, shall have the jurisdiction, authority, control, supervision and direction over
trees and shrubs planted or growing in or upon the public right-of-way, and on public
grounds within the City, and the planting, removal, care, maintenance and protection
thereof.
(2) The Appointee shall be responsible for assisting the development of a tree planting
& replacement plan for City -owned lots & rights-of-way.
Street-tree-pla}t. The master streetL'f
tree 1.. shall si fi al. estandards,
and speeies for tree planting within street rights of way and other- publie sites in
the City. Prior- to its publiention, the plan shall be presented to the-T-ree7Adv4soff
_. ____.21Page
(3) The Appointee shall have the authority to review all requests for permits for any
planting, removal and/or trimming or cutting of trees in any public area. The Appointee
shall also have the authority to attach reasonable conditions to these permits and to
grant or deny permits.
(4) The Appointee shall provide staff support to the Tree Advisory Board.
5) The Appointee shall consult with the Citv Engineer, Public Works Director
Director of Parks and Recreation, and the Director of Planning as necessary to
carry out the roles and duties outlined in this article.
(6) The Appointee may consult with arborists, landscape architects, and other
resources to fulfill the roles and duties outlined in this article.
(7) The Appointee shall develop and implement a tree voucher program to benefit
City residents and enhance the City of Paducah's tree canopy. The tree voucher
program shall only be administered in fiscal years when funding for the program
is appropriated and approved by the City Commission as part of the annual
budget process.
(b) Planning Department. The Planning Director or designee shall have the jurisdiction,
authority, control, supervision, and direction over trees and shrubs planted or growing in or
upon private property as set out in section 126-83 62 73. In addition, the Planning Director
shall have the authority over planting, removal, care, maintenance, protection and
preservation of trees in accordance with section 126-83 62-73.
Sec. 118-33. Tree Advisory Board.
(a) A Tree Advisory Board, appointed by the City Commission, consisting of five 5 trine (9)
members, shall be established. All members shall be appointed by the Mayor and approved
by the Board of Commissioners. The Tree Advisory Board shall consist of three (3)
concerned and interested citizens of the City; one (1) member shall be a Certified Arborist
Landscape Arch or actively engaged in horticulture or experienced in a tree -related
field; one (1) member shall be a Utility Company Representative. and the Publie
Works Dire t... Parks Sen,iees Di „t.. City L'.,..:nee Planning Dire_a_ _
Utility Company Repr-esentative shall be permanent members of the Tfee��
Beard. A Chairperson will be appointed by these members. The terms of the Tree Advisory
Board members, , Parks Sen4ees DireetofXhy
Engineer-, Planning Director-, a the Utility Repr-esentative, shall be four (4) years
staggered. The duties of the Tree Advisory Board shall be as follows:
(1) To hear all appeals from denials of applications for permits required by this article.
(2) To adopt rules for the conduct of such hearings, which rules shall uniformly apply to
all such appeals.
(3) To follow the hearing of such appeal to cause its decision to be reduced to writing.
(4) To advise appropriate municipal agencies on matters of care, preservation, planting,
removal, replacement or disposition of trees in parks, along streets and in public areas
as needed.
(5) To promote urban forestry.
(6) To provide an annual report to the Board of Commissioners related to the Tree
Advisory Board's activities and goals.
(7) To assist the Appointee in the development and implementation of a tree voucher
program.
_31 Page
(8) Develop and maintain a list of recommended tree species acceptable for use in public
rights-of-way, parks, and public areas.
(b) In the event a vacancy shall occur during the term of any appointed member, a successor
shall be appointed for the un -expired portion of the term. All members of the Tree Advisory
Board shall serve without pay. The Tree Advisory Board shall establish the Board's rules,
regulations and procedures and arrange for the holding of meetings on a regular basis, with
not less than four (4) meetings per calendar year.
Sec. 118-34. Suggested tree species.
Trees with characteristics which make them acceptable for use in public right-of-way and
which are recommended for street trees are those listed in the Approved Tree Species Schedule
master street tr-eejAan.
Sec. 118-35. Undesirable tree species.
Some trees have characteristics which make them unacceptable for use in public rights-of-
way and are not recommended for street trees. See specific information in the Approved Tree
Species Schedule master street tree-pka.
Sec. 118-36. Tree planting.
(a) Any person may plant a tree within the public right-of-way immediately adjacent to such
person's property upon obtaining a permit from the Appointee. The permit shall be granted,
providing the following conditions are met:
(1) The tree to be planted is not an undesirable tree species, as provided in section 118-35.
(2) The tree species is not a large tree.
(3) The spacing between street trees is sufficient so as not to create a site obstruction.
(4) The minimum width of the planting area is six (6) feet for small trees. Medium trees
may be planted in the right-of-way only when the planting area between the curb and
sidewalk is eight (8) feet or greater.
(5) The tree location shall be such that all regulatory and warning signs are not obscured
and will remain clearly visible throughout the maturing of the tree.
(6) Only a small tree may be planted within twenty (20) lateral feet of overhead utility
wires. The property owner shall maintain the tree after the tree is planted.
(7) The minimum distance between the tree and the edge of the street (curbline) is six (6)
feet for all street trees.
(b) The Appointee, in consultation with the City Engineer of and Public Works Director, may
waive any of the conditions in granting a permit where such action would promote the
preservation of the health, integrity or appearance of an area's tree population. The
Appointee, in consultation with the City Engineer of and Public Works Director, shall
check proposed planting sites for compliance with requirements relating to utilities,
obstructions and potential interference with future construction.
(c) When requesting approval to locate a street tree, the appointee may require a tree -planting
plan showing location of utilities, planting location and public improvements.
(d) The Appointee may deny a permit although all conditions have been met, but only for just
cause based on circumstances unique to the property affected which would create a threat to
public welfare and/or safety if the proposed planting were permitted.
(e) The decision of the Appointee shall be made within fourteen (14) days after an application
is filed.
Sec. 118-37. Tree removal.
(a) No person may remove a tree larger than three (3) inches in diameter, measured at the breast
height (DBH) on the public right-of-way without obtaining a permit from the Appointee.
41 Page
(b) The Appointee may issue permits for the removal of live trees only in special
circumstances. Instances where a permit for the removal of a live tree may be issued
include, but are not limited to, the following:
(1) The tree is a threat to public safety;
(2) The tree is a threat to the health of other trees in the community;
(3) The tree is to be replaced by a more desirable tree; or
(4) The permit shall be granted provided the tree to be removed is dead or dying.
If the Appointee determines that diseased or insect -infested trees pose a health threat to
neighboring trees, such trees shall be removed in a timely manner.
(c) Standards for tree removal include:
(1) The entire tree including the stump is removed where possible and practical.
(2) The area is refilled to ground level with soil, so as to prevent the creation of a hole.
(3) The area is re -seeded or planted in other appropriate manner.
(4) There is no damage done to any property belonging to the City or third party.
(5) The entire removal may be done without danger or inconvenience to the public.
(6) If possible and approved or directed, a replacement tree of appropriate species is
planted.
Sec. 118-38. Tree maintenance; public rights-of-way.
(a) Adjoining property owners shall provide reasonable care and maintenance to street trees
within the public right-of-way.
(b) It shall be unlawful for the owner or occupant of any building or lot to permit any tree,
including street trees, to grow in a manner which interferes with public safety in the public
rights-of-way due to obstruction of view, obstruction of passage, or in any other manner.
(c) The minimum clearance of any overhanging portion thereof shall be ten (10) feet over
sidewalks and sixteen (16) feet over all streets.
Sec. 118-39. Tree topping.
It shall be unlawful as a normal practice for any person to top any tree within the public
right-of-way. The term "topping" means the severe cutting back of limbs to stubs larger than
three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees under
utility wires or other obstruction where other pruning practices are impossible, are hereby
exempted from this section.
Sec. 118-40. Trimming, pruning, planting and removal of trees on public property; permit
required.
(a) No person shall remove, destroy, cut, severely prune (including the root system) or
otherwise treat any tree having its trunk in or upon any public property or contract with
another person to perform such acts without first obtaining a written permit from the
Appointee and without complying strictly with the provisions of the permit and provisions
of this article.
(b) Public and private utilities shall submit written specifications for pruning to the City for
approval. Upon approval of its specifications, a utility shall not be required to obtain a
permit for pruning operations affecting trees having their trunks on public property so long
as such work is done in strict accordance with the approved specifications. Requests for the
removal of trees shall be handled on an individual permit basis. Failure to comply with the
approved specifications is a violation of this article. Specifications shall be reviewed at a
minimum of every two (2) years by the Appointee and the Tree Advisory Board for
necessary improvements as required by modifications in this article.
(c) The permittee shall be solely responsible for and severally liable for any penalties or other
enforcement action imposed pursuant to this article or other provisions of law on account of
work performed in violation of this article.
Page 5 of 8
Sec. 118-41. Trimming of vegetation on private property adjacent to a public street or
place; responsibility of owner.
(a) Trees, vines, bushes, shrubbery or flowers standing in or upon any lot or land adjacent to
any public street or public place and having branches, limbs, trunks, or other parts
projecting into the public street or place shall be kept trimmed by the owner or occupant of
the property on which such vines, trees, bushes, shrubbery or flowers are growing so as not
to interfere with the free and safe passage along the public way by pedestrians and vehicular
traffic, or obstruct the view of any street intersection, commercial entrances and regulatory
or warning signs.
(b) If the owner of such property does not keep this growth from projecting into or on public
ground, the Appointee Fire Prevention Division shall have the authority to order its
removal in accordance with the provisions and fines laid out in Chanter 42 Article II
of the Code of Ordinances of the City of Paducah. The order- shall be :n-writi to eke
owneir responsible for- sueh growth and shall be aeted upon within thirPf-(30Yday*.-1*s
the event the owner has not responded or aeted to remove the pr-ojeeting growth from
sueh vines, trees, bushes, shrubbery or- flower -s, then the Cib, shall have4he-a*therW
to enteF upon the property to per-foFm the work necessary to eor-r-eet the eondition, and
to bill the owner f,,. the aetuall cost.. incurred. In situations deemed necessary to the
public health, safety, or welfare, the City may act without prior notification to the property
owner.
(c) Adjacent property owners that have growth projecting from the public right-of-way into or
on private property may request removal by the City. This request shall be in writing to the
Appointee at which time the Appointee will evaluate said request and determine the best
course of action.
Sec. 118-42. Injuring trees or shrubbery on public places.
(a) It shall be unlawful for any person, except with written permit, to place or maintain upon
the ground in any public right-of-way or public place, any compacted stone, cement or other
impervious matter or substance in such a manner as may obstruct the free access of air and
water to the roots of any tree or shrub in any such street or place. This provision shall not
apply to the paving, repairing or altering of the public streets, sidewalks and other public
places by the City.
(b) No unauthorized person shall perform, or contract with another person to perform,
construction work (including the operation or storage of equipment or materials) within the
drip line of any tree or shrub having its trunk on any public right-of-way or public property
without first obtaining a permit from the Appointee and complying with the requirements
which may include erecting protective barricades or enclosures at designated locations.
Utility companies working within the right-of-way shall be exempt from this section.
(c) No unauthorized person shall intentionally damage, cut, poison, carve or transplant any
street tree without a permit as required by section 118-40; nor shall any unauthorized person
attach any rope, wire nails, advertising posters or other contrivance to any street tree; allow
any petroleum based liquid, herbicide or solid substance which is harmful to trees to come
in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
Secs. 118-43-118-59. Reserved.
DIVISION 2. ADMINISTPATION AND ENFORCEMENT
6 1 p. a g e_.
Sec. 118-60. Modification, inspection, enforcement and appeal.
(a) In the case of emergencies such as windstorms, ice storms, fire or other disasters, the
requirements of this division may be waived by the City during the emergency period so
that the requirements of this division will in no way hamper private or public work to
restore order in the City. This shall not be interpreted to be a general waiver of the intent of
this division.
(b) Nothing contained in this division is intended to infringe on the authority of the City
Engineer or the Public Works Director to remove trees from the right-of-way of any
publicly dedicated road when the trees become a hazard to the traveling public, public
utilities, and/or vital infrastructure.
Sec. 118-61. Notice and appeal.
(a) In the event any party is dissatisfied with a decision of the Appointee adversely affecting
such party in the application, modification, or enforcement of this division, such party may
request a hearing within ten (10) working days of the receipt of such decision. The request
must be in writing and directed to the Chairman of the Tree Advisory Board who may
appoint a three (3) member board selected from the appointed members 1. C Tree -
Advisory
eeneexned. The Tree Advisory Board o: is designated appeal board may grant a variance
from the requirements of this division upon a finding that:
(1) Practical difficulties or unnecessary hardship would result if the strict letter of the law
were followed; and
(2) The variance is in accordance with the general purpose and intent of this division.
(b) After a full and complete hearing held within thirty (30) days of receipt of the request,4he
appeal board er the Tree Advisory Board shall render a written ruling within five (5)
working days, either affirming, overruling or modifying the decision of the Appointee, as
may be fit and proper under the existing circumstances.
(c) The Circuit Court has jurisdiction to determine all questions and issues properly brought
before it on appeal from the decisions of the Appointee, or Tree Advisory Board.
Sec. 118-62. Reserved.
Sec. 118-63. Penalties.
Any unautherizzed-person who violates any provision of this division, for which another
Penalty is not otherwise provided, upon being found guilty of violation, shall be guilty of a
misdemeanor and shall be subject to a fine not to exceed $200.00 for each separate offense. Each
day during which any violation of the provisions of this division shall occur or continue shall be
a separate offense. If, as the result of the violation of any provision of this division or by fault in
accident or vandalism, the injury, mutilation, or death of a tree is caused, the cost of repair or
replacement of such tree shall be borne by the party in violation or fault. The replacement value
of trees shall be determined in accordance with the latest revision of A Guide to the Professional
Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the
International Society of Arboriculture.
Sec. 118-64. Severability.
If any section of this division is held to be invalid or unenforceable, all other sections shall
nevertheless continue in full force or effect.
Sec. 118-65. Applicability.
This article provides full power and authority over public trees, and to all trees, shrubs,
vines, and including ornamental plants located on private property that constitute a hazard or
threat as described herein.
___.. —7 1 P age_.
Sec. 118-66. Interference with City.
It shall be unlawful for any person to prevent, delay, or interfere with the City or any of its
agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or
removing of any public tree, as authorized in this division.
SECTION 2. Board Appointments. Upon adoption of this ordinance, the following
board members are hereby ppointed for staggering terms as follows:
• Brian Thomasson — Utility Representative — Term Expiration: April 22 2026
• Jonathan Perkins — Term Expiration: April 22, 2027
• Jinny McCormick — Term Expiration: April 22, 2028
• Currently Vacant - Term Expiration: April 22, 2029
• Currently Vacant - Term Expiration: April 22 2029
SECTION 3. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 4. Severability. If any section, clause, or provision of this ordinance is
determined to be invalid or unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the remaining provisions of this ordinance, which shall remain in full force and
effect
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and
become effective upon summary publication pursuant to KRS Chapter 424.
-4
George Bray, Mayor
ATTEST:
Claudia S. Meeks, Assistant City Clerk
Introduced by the Board of Commissioners, April 21, 2025
Adopted by the Board of Commissioners, May 13, 2025
Recorded by Claudia S. Meeks, Assistant City Clerk, May 13, 2025
Published by The Paducah Sun, May 16, 2025
ORD\Chapter 118 Vegetation — Tree Advisory Board
81 Page