(a) Definitions.
(1) "Street trees" means 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.
(2) "Park trees" means 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.
(b) Commission Established. There is hereby created and established a City Tree Commission which shall consist of five members, who are citizens and residents of this City. At least one of the members of the Tree Commission shall be a current member of Council of the City. The five members of the Commission shall be appointed by the Mayor with the approval of Council. In addition, the Commission shall have the right to call in consultants as they see fit.
(c) Term of Office. The term of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first Commission shall be for only one year and the term of two members of the first Commission shall be for two years. Successors to those members appointed by the Mayor shall thereafter be appointed for terms of three years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed by the Mayor, as herein provided, for the unexpired portion of the term.
(d) Compensation. Members of the Tree Commission shall serve without compensation.
(e) Duties and Responsibilities. The Tree Commission shall study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to Council and, upon their acceptance and approval, shall constitute the official comprehensive City tree plan for the City. The Commission, when requested by Council, shall consider, investigate, make finding, report, and recommend upon any special matter of question coming within the scope of the Commission's work.
(f) Chairman and Secretary. At the first meeting of the Tree Commission, the members shall elect a Chairman, Vice-Chairman, and Secretary, by a majority vote of the members appointed to the Commission. These officers so elected shall serve at the pleasure of the Commission, and until successors are elected by such Commission. The Chairman shall head the Commission. The Secretary shall keep an accurate record of all of the proceedings and actions of the Commission.
(g) Organization. A majority of the members of the Tree Commission shall constitute a quorum, and a majority vote of the members appointed to the Commission shall be necessary to take any action. Rules providing for the number and manner of calling meetings will be adopted by a majority vote of the members appointed to the Commission; however, such rules shall not conflict with the provisions of the City Charter, or any ordinance adopted by Council. The Commission shall establish its own rules and regulations, which shall also be adopted by a majority vote of the members appointed to the Commission; however, such rules and regulations shall be of no force and effect until the same are submitted and approved by a majority vote of the members of Council, and shall not conflict with the provisions of the City Charter or any ordinance adopted by Council.
(h) Interference With Commission. No person shall prevent, delay, or interfere with the City Tree Commission, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, or trees on private grounds which may affect the general public or the community, or while engaged in the performance of any act as authorized by this ordinance and the Tree Commission's rules and regulations.
(i) Appeal.
(1) Council shall have the right to review the conduct, acts and decisions of the City Tree Commission. Any person may appeal from any ruling or order of the Commission to Council who may hear the matter and make a final decision.
(2) Any person shall have the right to appeal to Council due to the conduct, act, or decision of the City Tree Commission. This appeal shall be filed within five business days from the date of conduct, act, or decision of the City Tree Commission. Notice of Appeal shall be filed in writing with the Clerk of Council, who shall fix the time and place for the hearing, the same to be not later than one week from the date of receipt of such Notice of Appeal. The Clerk of Council shall notify the Mayor and all members of Council of the time and place of such hearing, not less than twelve hours in advance thereof. Three members of Council shall constitute a quorum to hear such Appeal. The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of Council present at such meeting declare in favor of the applicant, such conduct, act, or decision of the City Tree Commission shall not be instituted; otherwise, the conduct, act, or decision appealed from shall become final.
(j) Penalty. Any person violating any provision of this section shall be guilty of a minor misdemeanor and each day such violation continues, shall constitute a new offense under this section. In addition, the person shall replace the tree with a size and species recommended by the Tree Commission. Each tree affected by noncompliance with this resolution shall constitute a separate violation.
(Ord. 202-7. Passed 9-2-85.)