CHAPTER 939
Trees
939.01   Definitions.
939.02   City Tree Commission.
939.03   Municipal Arborist.
939.04   Enforcement.
939.05   Authority of Arborist.
 
CROSS REFERENCES
Destruction of trees - see GEN. OFF. 541.06
Removal of dead trees and tree limbs - see GEN. OFF. 565.03
 
939.01 DEFINITIONS.
   For the purpose 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 the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word " shall" is mandatory and not merely directory.
   (a)    "Municipal Arborist" is the Superintendent of the Park Department of the City assigned to carry out the enforcement of this chapter.
   (b)    "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
   (c)    "Street or highway" means the entire width of every public way or right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
   (d)    "Park" means all property under the jurisdiction of the Lancaster Park Board.
   (e)    "Public places" include all other grounds owned by the City.
   (f)   "Property line" means the outer edge of a street or highway.
   (g)    "Treelawn" is that part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
   (h)   “Public trees” include all shade and ornamental trees now or hereafter growing on any street or any public places where otherwise indicated.
   (i)    "Property owner" means the person owning such property as shown by the County Auditors Plat of the City.
(Ord. 20-75. Passed 6-23-75.)
939.02 CITY TREE COMMISSION.
   (a)    There shall be created a commission to be known and designated as the City Tree Commission composed of seven citizens, five of whom shall be residents of the Municipality. The five resident members shall be appointed by the Mayor with approval of Council. The sixth member shall be the Director of Public Service and the seventh member shall be the Superintendent of the Department of Parks. All members of the Commission shall serve without pay. The five members appointed by the Mayor shall be appointed as follows: two for two years, two for three years and one for four years, and serve until their successors are duly appointed and approved by Council. Successors to those members appointed by the Mayor shall, thereafter be appointed for terms of four years. Vacancies caused by death, resignation or otherwise, shall be filled for the unexpired term in the same manner as original appointments are made.
   (b)    The duties of the City Tree Commission are as follows:
      (1)    To study the problems and determine the needs of the Municipality relative to a tree care and tree planting program.
      (2)    To recommend to the proper authority, the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks is designated.
      (3)    To assist the properly constituted officials of the Municipality as well as Council and citizens of the Municipality, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the trees are on private or public property, and to make such recommendations from time to time to Council as to desirable legislation concerning the tree program and activities of the Municipality.
      (4)    To provide regular and special meetings at which the subject of trees insofar as it relates to the Municipality may be discussed by the members of the Commission, officers and personnel of the Municipality and its several divisions, and all others interested in the tree program.
   (c)    Within a reasonable time after the appointment of the Commission and the approval of the members thereof, upon call of the Mayor, the Commission shall meet and organize by the election of a chairman and the appointment of the Municipal Arborist as secretary. The Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as the Commission deems advisable and necessary in order to perform the duties set forth.
(Ord. 20-75. Passed 6-23-75.)
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