A. A violation of any provision of this chapter may be a misdemeanor punishable by a fine of up to three hundred dollars ($300.00) and/or six (6) months in the County Jail. Additionally, the City may seek civil remedies for damages and to enjoin the continued violation of this chapter.
B. In the event that any person removes, destroys, or damages any public tree except as otherwise required by law, that person shall be required to replace such tree with a tree(s) of equivalent dollar value on public property as determined with accepted plant appraisal methods set forth in the 10th edition of the Guide for Plant Appraisal published by the International Society of Arboriculture or the same as may be amended from time- to-time. If no suitable location exists in the vicinity of the tree removed or if the replacement tree(s) is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the City of Chubbuck equal to the difference in value between the tree removed and any replacement tree(s). Any public tree that is determined by the City to be damaged, but not sufficiently to justify its removal, shall be considered to be devalued. The amount of devaluation shall be paid to the City by the person causing the damage. Compensatory payments shall be paid into a fund established for that purpose and restricted to use for community forestry programs. Nothing in this chapter shall prohibit the City of Chubbuck from negotiating agreements with other governmental entities regarding penalties and compensatory payment for removal, damage or destruction of public trees. (Ord. 792, 2019)