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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 f; 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." S��xX�K/XX///DKK/f�XXK�XK�/�K�KX�K�/f�KK�/KK/�X�KK�K� xKKK/K��K�KX/KK/�KX�KKK/�KK��KK��I/X�/KKKKK�/�KKKKK�/KKK �, KtKKXKK�/KK/tKK�/K�/fKXX���1 KKKK�/�XKKXK/KKK/�XK$///xKK/�XK�/fKKK�KKK/LXXX/KKKXX�/XK �KXKXK�/KKK/K�KKK�/KK/�K�K/KKKK�///KK�K�KX/�KKXX/KK/KKK/K� �KX�/K�KKK�/KK/KKKXK/KIK/K��KK�K�/�XKKXK/�X�K�/�K��/�88�/KfKKt KKK/KKK/Kf/�KK�X�K/�x/KKKX�KI//XK/KKK/K�KKK/Kf/fKXXKKK/�K ..m ,Mm.. �,1�.��. �..��,14.w».,r�«»w,,,.,�. , ,,, ,..i, ...:... .. , s��s�lehld•���^ �m.� mss., �,....: n L.:._:_�1=,—� I i I I� n�Wi�lwwu�al�w,a ..��w� �, .. '.I SIM; I I� I :: , , wl 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: ity Jerk 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. v=an=e@