HomeMy WebLinkAbout~Master - Revising Regulations Pertaining to Trees and Shrubs ORDINANCE NO. 3101
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTIONS 27.1, 27.3,
27.4, 27.5 AND 27.6 THEREOF AND ADOPTING NEW SEC-
TIONS 27.1, 27.3, 27.4 AND 27.5 FOR THE PURPOSE OF
REVISING REGULATIONS PERTAINING TO TREES AND
SHRUBS; REPEALING ALL ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING A PENALTY; ESTABLISHING A PENALTY
AND SETTING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa is
hereby amended by repealing Sections 27.1, 27.3, 27.4, 27.5 and 27.6,
and adopting new Sections 27.1, 27.3, 27.4, and 27.5 as follows:
"Sec. 27.1. CITY CONTROL, TREES AND SHRUBS IN
STREET RIGHT-OF-WAY.
The City has charge, custody and control of all trees and
shrubbery upon the parking and other portions of the public
streets; and has the right and power to plant, prune, care
for, remove and maintain all trees and shrubbery upon the
public street; and, to prune limbs and branches of trees and
shrubbery that extends onto or over public streets. 'Public
Streets' means all land lying between property lines on either
sides of all public streets, avenues, highways, boulevards and
alleys within the corporate limits of the City.
Sec. 27.2. STREET TREES, PLANTING PERMITS.
Trees and shrubs planted within the street limit, and
trees having a trunk more than 50% within the public street as
defined above, are referred to as 'street trees'. The plant-
ing of street trees shall be done by the City or owner of
abutting private property only in accordance with the planting
plan approved by the City Manager and on file in the City
Department of Public Works. Permits will be issued without
charge.
Sec. 27.3. REMOVAL OF STREET TREES
(1) Street trees which are dead or which for some other
reason constitute a clear and present danger to the
public safety may be removed at the direction of the City
Manager or designee at any time without notice.
(2) To remove a street tree for any reason other than as
stated above the City Manager shall cause a notice of
intention to do so to be posted on the subject tree or
trees. The notice shall remain posted for a period of
not less than fifteen (15) days, during which period any
local resident may file a written objection with the City
Manager. If no objections are filed after fifteen days'
notice as aforesaid, the City Manager may cause or permit
the tree to be removed. If objections are filed within
the fifteen days of notice as aforesaid, they shall be
referred to the City Council and a hearing held thereon
at its next regular meeting and the Council may thereaf-
ter sustain the objection or authorize the tree removed
as is deemed in the best interest of the public.
Sec. 27.4. CUTTING, REMOVAL OF TREES, SHRUBS BY
OWNER OR AGENT.
(1) The owner of adjoining property shall keep all street and
private trees and shrubs trimmed so as not to interfere
with the pedestrian use of sidewalks.
(2) Cutting or removing street trees, or of tree limbs that
overhang the traveled portion of a street, or where there
is a risk of limbs falling or coming in contact with
electric utility lines shall be done only with the per-
mission and under the supervision of the City Manager.
Sec. 27.5. TREE SURGEON LICENSE REQUIREMENTS.
(1) No person shall solicit or engage in the work of felling
trees or trimming trees where there is a risk of limbs or
branches falling into contact with electric utility lines
or onto the traveled portion of a street without first
obtaining a tree surgeon's license from the City Clerk
and paying the license fee in such amount as shall be
established for all such licenses by resolution of the
City Council to cover costs of administration.
(2) However, a property owner may trim or fell trees on his
or her own property without a license except where
there is a danger of limbs coming in contact with elec-
tric utility lines.
(3) All licenses shall terminate on June 30th of the year
issued."
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Section Two. Violation of the provisions of this ordinance shall
constitute a municipal infraction, punishable as set out in Section 1.9,
Ames Municipal Code.
Section Three. All ordinances or parts of ordinances in conflict
herewith shall be repealed to the extent of such conflict if any.
Section Four. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this 23rd day of October , 1990.
Nancy Dionigi City Clerk LYrry R. rtis, Mayor
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