HomeMy WebLinkAbout2009-06-01 City of BatesvilleArkansas
® Ordinance No
AN ORDINANCE QUALIFYING BATESVILLE FOR
THE TREE CITY USA PROGRAM
Be it ordained by the City Council of Batesville,Arkansas.
Section 1 Purpose
It is the purpose of this ordinance to promote and protect the public health, safety,
and general welfare by providing for the development of a Community Forestry Plan and
establish a Tree Board to address the planting, maintenance and removal of public trees
within the City of Batesville in order to promote the benefits of our community forest
resources.
Section 2 Definitions
Public Trees. Trees on public grounds including street right-of-ways, alleys, parks,
medians, public substations, treatment plants, plazas, squares, public buildings and any
other area designated for public use.
• Tree.. Any self supporting woody perennial plant, usually having a main stem or trunk
and many branches, and at maturity normally attaining a trunk diameter greater than three
inches at DBH(diameter breast height)and a height of over ten feet.
Section 3 Administration
The Tree Board's duties shall be to promote the responsible planting of trees on
public and private property, educate the public about trees, promote the proper
maintenance of trees, advocate for trees within the City and to develop innovative
funding for tree projects from a variety of sources.
A) The Tree Board shall consist of five (5) members, at least three of which shall be
residents of the City, who shall be appointed by the Mayor with the consent and
consultation of the City Council.
B) Terms of Membership on the Tree Board shall be for a period of 2 years. Initial
membership shall have 3 members serving a 1 year term and the remaining two members
serving two year terms to provide for staggered membership terms. Should a member
be unwilling or unable to serve the full membership term, the vacancy shall be filled, for
the unexpired term, by standard appointment procedures.
C) Tree Board members shall serve without compensation.
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® D) The Tree Board shall hold regular meetings two times a year and may call special
meetings if necessary to carry out its duties.
E) It shall be the responsibility of the Tree Board to study, investigate, consult,
develop, update annually, and administer a written plan for the care, preservation,
pruning, planting or removal of trees in public areas. Such plans will be presented
annually to the City Council and upon their acceptance and approval shall constitute the
official comprehensive tree management plan.
F) The Tree Board shall consult and advise with the Parks and Recreation
Commission and Department, the Landscape Department, and all other Commissions and
Departments requesting or having need of the Board's expertise.
G) The Tree Board shall investigate available grants, loans, or contributions from
other governmental agencies,public or private corporations or individuals.
Section 4 Tree Planting, Maintenance and Removal.
A) It is the public policy of the City of Batesville to maintain existing trees and to
provide for and encourage the planting of new trees within Batesville to the greatest
extent,possible.
B) The City shall have the right_to plant, prune, maintain.and remove trees;plants
• and shrubs within the public right-of-way of all streets, alleys, avenues, lanes, squares
and public grounds, as may be necessary to insure public safety or to preserve and
enhance the health of the trees and beauty of such public grounds.
C) The City shall have the right to prune any tree or shrub on private property when
it interferes with the proper spread of light along the street from a street light, or
interferes with visibility of any traffic control device or sign or sight triangle at
intersections.
D) It shall be a violation of this ordinance to damage, destroy or mutilate any tree in
a public right-of-way or on other public grounds, or attach or place any rope or wire,
sign,poster,handbill or any other object to any such tree.
E) Any person who violates any of the provisions of this Ordinance shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined in accordance with
Ordinance 2005-11-1, as amended from time to time.
F) Trees shall not be planted to conceal a fire hydrant from the street or impede the
line of sight on any street.
G) It shall be unlawful for any person to top or cut back to stubs the crown of any
O tree in street rights-of-way or on other public grounds without the advice and consent of
the Tree Board.
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H) City employees performing tree work on public grounds shall be trained in basic
tree science and the proper techniques of tree pruning.
Section 5 Conflicts in Regulation
A) Where a conflict arises between this chapter and another ordinance, the more
stringent requirement shall apply.
B) Severability is intended throughout and within this Ordinance. If any provision,
including any exception, part, phrase, or term, or the application thereof to any person or
circumstance(s) is held invalid, the application to other persons or circumstances shall not
be affected thereby, and the validity of this ordinance in any and all respects shall not be
affected thereby.
Section 6 EMERGENCY CLAUSE
A) Where as it is necessary to effect the public peace, health, safety and welfare and
the orderly administration of the Batesville Tree Ordinance, an emergency is hereby
declared to exist and this Ordinance shall be effective from the date of its passage.
PASSED,APPROVED AND ORDAINED this , day of CXk0,2009.
RICK ELU G OR
ATTEST:
DENISE JOHNSTON, C ERK
APPROVED AS TO LEGAL FORM:
® Scott Stalker, City Attorney