HomeMy WebLinkAbout94-12-5233119
ORDINANCE NO. - 67oZ33
AN ORDINANCE AMENDING SECTION 4 AND ABOLISHING
SECTION 11 OF ORDINANCE NO. 92-3-4739, RELATING TO PROTECTION
OF TREES ON PUBLIC PROPERTY WITHIN THE CITY OF PADUCAH
WHEREAS, the Paducah City Commission has determined
that the protection of trees on public property within the City
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of Paducah is desirable and essential to the present and future
health, safety and welfare of all citizens; and
WHEREAS, by Ordinance No. 92-3-4739, adopted on March
24, 1992, the City of Paducah established a tree protection
program for trees on public property within the City; and
WHEREAS, the City finds it expedient to amend this
ordinance at this time.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The following section, "Definitions",is
hereby created and ordained to read as follows:
"Street trees. Street trees are herein defined as
trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets,
avenues or ways within the City.
"Park trees. Park trees are herein defined as trees,
shrubs, bushes and all other woody vegetation in public parks
having individual names, and all areas owned by the City, or to
which the public has free access as a park."
SECTION 2. The following section, "Establishment of
the position of City Forester", is hereby created and ordained
to read as follows:
"On June 25, 1991, the City of Paducah authorized the
Mayor to execute a Memorandum of Agreement with the Kentucky
Natural Resource and Environmental Protection Cabinet, Division
of Forestry, for the establishment of a grant position of city
forester, through which an official program of tree planting,
maintenance and site design will be implemented."
SECTION 3. The following section, "Duties and
Responsibilities", is hereby created and ordained to read as
follows:
"It shall be the responsibility of the city forester
to study, investigate, counsel, develop and/or update annually,
.
and administer a written plan for the care preservation,
pruning, planting, replanting, removal, or disposition of trees
and shrubs in parks, along streets, and in other public areas.
Such plan will be presented annually to the City Commission,
and upon their acceptance and approval, shall constitute the
official comprehensive tree plan for the City of Paducah.
"The city forester, when requested by the City
Commission, shall consider, investigate, make findings, report
and recommend upon any special matter of question coming with
the scope of his work."
120 120
SECTION 4. The following section, "Street Tree
Species to be Planted", is hereby amended to read as follows:
"The 0XKj'/f0t4jt0t grounds resource specialist will
formulate an official street tree species list for the City of
Paducah. The list of allowable species shall be broken down
into categories of small, medium and large trees. Planting of
any trees, shrubs or other woody plants within the Cid
right-of-way must be approved by the grounds resources
specialist, and must be from the official street tree list.
Exceptions to the official street tree list may be allowed to
meet specific design criteria with the prior approval of the
grounds resources specialist. D�sd/�KKXK$/sbiK/KK�t�i/iK�
SECTION 5. The following section, "Spacing", is
hereby created and ordained to read as follows:
"The spacing of street trees will be in accordance
with the three species classes referred to in Section 4 of the
ordinance, and no trees may be planted closer together than
the following: small trees, 30 feet; medium trees, 40 feet;
and large trees, 50 feet, except in special plantings designed
or approved by the city forester."
SECTION 6. The following section, "Distance from
Curb, Sidewalk, and Powerlines", is hereby created and ordained
to read as follows:
"The distance trees may be planted from curbs or
curblines and sidewalks will be in accordance with the three
species size classes listed in Section 4 of this ordinance, and
no trees may be planted closer to any curb or sidewalk than the
following: small trees, 2 feet; medium trees, 3 feet; and
large trees, 4 feet. Only small trees can be planted within 15
feet of powerlines. Exceptions to these criteria may be
allowed for specific design needs upon approval by the city
forester."
SECTION 7. The following section, "Distance from
Street Corners and Fireplugs", is hereby created and ordained
to read as follows:
"No tree shall be planted closer than 20 feet of any
street corner, measured from the point of nearest intersecting
curbs or curblines. No street tree shall be planted closer
than 10 feet of any fireplug. Exceptions to these criteria may
be allowed for specific design needs upon approval by the city
forester."
SECTION 8. The following section, "Public Tree
Care", is hereby created and ordained to read as follows:
"The City shall have the right to plant, maintain and
remove trees, plants and shrubs within the lines of all
streets, alleys, avenues, lanes, squares and public grounds, as
121
may be necessary to insure public safety or to preserve or
enhance the symmetry and beauty of such public grounds. The
city forester may remove or cause or order to be removed, any
tree or part thereof which is in an unsafe condition or which
by reason of its nature is injurious to sewers, electric power
lines, gas lines, water lines, or other public improvements, or
is affected with any injurious fungus, insect or other pest.
This section does not prohibit the planting of street trees by
adjacent property owners providing that the selection and
location of said trees is in accordance with Sections 4 through
8 of this ordinance."
SECTION 9. The following section, "Tree Topping", is
hereby created and ordained to read as follows:
"It shall be unlawful as a normal practice for any
person, firm or city department to top any street tree, park
tree or other tree on public property. Topping is defined as
the severe cutting back of limbs to stubs larger than three
inches (3") 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
certain trees under utility wires or other obstructions where
other pruning practices are impractical may be exempt from this
ordinance at the determination of the city forester."
SECTION 10. The following section, "Pruning, Corner
Clearance", is hereby created and ordained to read as follows:
"Every owner of any tree overhanging any street or
right-of-way within the City shall prune the branches so that
such branches shall not obstruct the light from any street lamp
or obstruct the view of any street intersection and so that
there shall be a clear space of eight feet (81) above the
surface of the street or sidewalk. Said owners shall remove
all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public.
The City shall have the right to prune any tree or shrub on
private property when it interferes with the proper spread of
light along the street from a street light or interferes with
visibility of any traffic control device or sign."
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122 122
SECTION 1211. The following section, "Business
License", is hereby created and ordained to read as follows:
"It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing street
or park trees within the City without first applying for and
procuring a City Business License." 0'
SECTION XZ12. The following section, "Review by City
Commission", is hereby created and ordained to read as follows:
"The City Commission shall have the right to review the
conduct, acts and decisions of the city forester. Any person
may appeal from any ruling or order of the city forester to the
City Commission, who may hear the matter and make the final
decision."
SECTION 1413. The following section, "Planting Plans
Review", is hereby created and ordained to read as follows:
"All tree planting plans will be reviewed thirty (30) days.
prior to actual planting of stock by the city forester and the
director of the Department of Environmental and Engineering
Services with respect to placement of water and sewer lines and
other public utilities."
SECTION 1%14. The following section, "Penalty", is
hereby created and ordained to read as follows:
"Any person violating any provision of this ordinance
shall be, upon conviction or a plea of guilt, subject to a fine
not to exceed Five Hundred Dollars ($500.00)."
SECTION X615. This ordinance shall be read on two
separate days and will become effective upon publication
pursuant to KRS Chapter 424.
ATTEST:
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Introduced by the Board of Commissioners December 20, 1994
Adopted by the Board of Commissioners Aed,_ /9-st-
Recorded by Lenita Smith, City Clerk, A;�.
Published by The Paducah Sun.
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