HomeMy WebLinkAbout92-3-4739ORDINANCE NO. 92-3-4739
AN ORDINANCE RELATING TO PROTECTION OF TREES ON
PUBLIC PROPERTY WITHIN THE CITY OF PADUCAH
WHEREAS, trees on public property serve the public
interest by providing oxygen, stabilization of the soil,
prevention of erosion, shelter for wildlife, conservation of
energy by providing shade, filtering air, and add to the beauty
u� of the City of Paducah; and
WHEREAS, trees absorb a high percentage of carbon
dioxide and return oxygen, a vital ingredient of life; and
WHEREAS, trees are a valuable asset that can affect
an area economically; and
WHEREAS, the Paducah City Commission has determined
that the protection of trees on public property within the City
of Paducah is not only desirable, but essential to the present
and future health, safety and welfare of all citizens; and
WHEREAS, the City of Paducah recognizes that trees on ✓
public property are valuable contributors to the City's
environment.
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
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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."
SECTION 4. The following section, "Street Tree
Species to be Planted", is hereby created and ordained to read
as follows:
"The city forester 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. No species other than those
included in this list may be planted as street trees without
written permission of the city forester."
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
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 (311) 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 (8') 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."
SECTION 11. The following section, "Dead or Diseased
Tree Removal on Private Property", is hereby created and
ordained to read as follows:
"The City shall have the right to cause the removal
of any dead or diseased trees on private property within the
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City when such trees constitute.a potential threat to other
trees within the City. The city forester will notify in
writing the owners of such trees. Removal shall be done by
said owners at their own expenses within sixty days (60) after
the date of service of notice. In the event of failure of
owners to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost or removal
on the owner's property tax notice." j
SECTION 12. 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."
SECTION 13. The following section, "Review by City
j 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 14. 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 15. 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 16. This ordinance shall be read on two
separate days and will become effective upon publication
pursuant to KRS Chapter 424.
G RY B. NTGOMERY
Mayor
Introduced by the Board of Commissioners March 10, 1992
Adopted by the Board of Commissioners March 24, 1992
Recorded by Lenita Smith, City Clerk, March 24, 1992
Published by The Paducah Sun March 30, 1992.
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