CHAPTER 8
TREES

SECTION:

9-8-1: Purpose

9-8-2: Scope Of Application

9-8-3: Definitions

9-8-4: Specifications

9-8-5: Responsibilities Of The Property Owner

9-8-6: Inspection And Other Duties

9-8-7: Hazards And Nuisances

9-8-8: Diseased And Infested Trees On Private Property

9-8-9: Topping Trees

9-8-10: Pruning Standards

9-8-11: Vandalism Or Damage To Trees

9-8-12: Permits To Prune, Plant, Or Remove Street Trees

9-8-13: Replacing Removed Park And Street Trees

9-8-14: Stop Work Order

9-8-15: Tree Service Contracting

9-8-16: Appeal From Order Of Department

9-8-17: Review By The City Council

9-8-18: Penalties

9-8-1: PURPOSE:

The purpose of this chapter is to protect the health, safety, and welfare of both the public citizenry and the trees within the city of Havre. This chapter establishes policies necessary to ensure the city will continue to realize the benefits provided by its urban forest. This chapter is intended to establish just and fair standards and regulations to control planting, planning, maintenance, removal, and protection of trees, shrubs, bushes, and other woody vegetation, within the public right of way and public place. The provisions of this chapter are enacted to:

   (A)   Eliminate and guard against dangerous conditions which may result in injury to persons using public areas within the city;

   (B)   Prevent damage to public water and sewer lines, streets, sidewalks or other public properties;

   (C)   Maintain city trees in a healthy and nonhazardous condition through approved and recognized arboricultural practices and standards;

   (D)   Promote and enhance the natural beauty of the city;

   (E)   Make clear the parties responsible for tree issues in the community;

   (F)   Guard all trees in the city against the spread of disease or pests;

   (G)   Establish and maintain the maximum sustainable amount of tree cover on public and private lands within the city; and

   (H)   Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest. (Ord. 873, 11-1-2010)

9-8-2: SCOPE OF APPLICATION:

This chapter applies to all park and street trees and any private property trees that encroach on public right of way, or create conditions that are hazardous to public safety, health, property, or other trees within the city. The provisions of this chapter and specification manual pertaining to planting or species of trees shall not apply to any tree existing at the time of the enactment of this chapter. All other provisions of this chapter shall apply to existing trees and to all trees planted or growing after adoption of this chapter. (Ord. 873, 11-1-2010)

9-8-3: DEFINITIONS:

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in their present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" means mandatory and not merely discretionary.

CITY: The city of Havre, Montana.

DEPARTMENT: The department of parks and recreation.

MAINTENANCE: Preserving from decline. Including, but not limited to, pruning, removal, fertilizing, insect and disease control, guying, cabling, bracing and repair.

NOTICE: A written announcement of maintenance work or remedial actions that are to be carried out.

PARK TREES: All trees, shrubs, bushes, and other woody vegetation on city owned, leased, managed, or occupied land other than street trees.

PERSON: Any individual, contractor, partnership, joint venture, association, other entity, or organization of any kind. Does not include the city or any of its departments.

PRIVATE PROPERTY TREES: All trees, shrubs, bushes, and other woody vegetation on privately owned land.

PROPERTY OWNER: The person or persons owning such property as is shown by the records of the clerk and recorder's office of Hill County, Montana.

PUBLIC RIGHT OF WAY: The entire width between the dedicated boundaries of all public streets, roads, boulevards, and alleys, including all sidewalks and public parking strips located within any such boundaries.

REMEDIAL ACTION: To remedy a hazard, potential hazard or problematic condition existing in a tree by performing maintenance.

STREET TREES: All trees, shrubs, bushes, and other woody vegetation on land located on either side of all dedicated public streets, avenues or rights of way within the city.

TOPPING: 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 tree canopy and disfigure the tree. (Ord. 873, 11-1-2010)