CHAPTER 159

Bellaire Tree Committee

159.01 Purpose.
159.02 Definitions.
159.03 Establishment; members.
159.04 Term of office.
159.05 Powers.
159.06 Officers; rules and regulations.
159.07 Master List of Trees and Shrubs.
159.08 Application for permit.
159.09 Denial of permit; grounds.
159.10 Disease, insects and mechanical injury.
159.99 Penalty.

CROSS REFERENCES

Destruction of trees - see GEN. OFF. 541.06
Trees - see GEN. OFF. Ch. 543


159.01 PURPOSE.
It is hereby declared to be the policy of the City to regulate and control the planting, transporting, maintenance and protection of trees and shrubs on City-owned or controlled property in the City in order to eliminate and guard against dangerous conditions which may result in injury to persons or cause property damage while using the streets, alleys, sidewalks or property of the City; to promote and enhance the beauty and general welfare of the City; to prevent damage to any public sewer or water main, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, treatment and maintenance practices; and to guard all trees and shrubs within the City against the spread of disease or pests. This chapter shall apply to all public trees and shrubs.
(Ord. 95-009. Passed 6-15-95.)


159.02 DEFINITIONS.
Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings:

(a) "Person" shall extend to and be applied to associations, clubs, corporations, firms and partnerships, as well as to individuals.

(b) "Public trees and shrubs" means all trees and shrubs located or to be planted on any park, playground or other property owned or controlled by the City, or on any public street, alley, sidewalk or highway or within any public right of way.
(Ord. 95-009. Passed 6-15-95.)


159.03 ESTABLISHMENT; MEMBERS.
There is hereby created and established a Tree Committee which shall consist of the following five members: two members of Council who shall be appointed by Council and three who shall be appointed by the Mayor. No compensation shall be paid to members of the Committee.
(Ord. 95-009. Passed 6-15-95.)


159.04 TERM OF OFFICE.
The term of the three persons to be appointed by the Mayor shall be three years, except that the Mayor shall make the original appointments in such a way that the terms of no more than two members of the Tree Committee shall expire in any one year. In the event that a vacancy occurs during the term of any member, his successor shall be appointed for the unexpired portion of such term.
(Ord. 95-009. Passed 6-15-95.)


159.05 POWERS.
Except as otherwise provided herein, members of the Tree Committee shall have the power to study, investigate, plan, advise, report and recommend to Council or the Mayor, any action, program, plan or legislation which the Committee finds or determines to be necessary or advisable for the care, preservation, trimming, planting, removal or disposition of trees and shrubs in public ways, streets and alleys.
(Ord. 95-009. Passed 6-15-95.)


159.06 OFFICERS; RULES AND REGULATIONS.
The Tree Committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. All plans, findings, advice, reports and recommendations made by the Committee shall be in writing and shall designate by name those members of the Committee approving or concurring therein, and members who do not so approve or concur therein shall have the right, as a part of such report, to state their reasons for refusing to approve or concur.
(Ord. 95-009. Passed 6-15-95.)


159.07 MASTER LIST OF TREES AND SHRUBS.
The Tree Committee shall prepare a Master List of Trees and Shrubs to be planted in public areas.
The Committee shall have the discretionary authority to amend or make substitutions of tree types to the Master List of Trees and Shrubs when deemed necessary by the Committee.
(Ord. 95-009. Passed 6-15-95.)


159.08 APPLICATION FOR PERMIT.
No person shall hereafter remove or plant or have removed or planted any public tree or shrub unless he has first obtained a permit in writing from the Mayor specifying the size, type, species and location of the tree or shrub to be planted or removed. Applications for such permits shall be obtained in the office of the Mayor.
(Ord. 95-009. Passed 6-15-95.)


159.09 DENIAL OF PERMIT; GROUNDS.
The Mayor shall have the authority to deny a permit to any person who proposes to plant or have planted any public tree or shrub if such proposed tree or shrub does not conform with the Master List of Trees and Shrubs prepared by the Tree Committee; or he may deny a permit to any person who proposes to plant or have planted any public tree or shrub of a size, type or species found to be undesirable by the Committee; or he may deny a permit to any person who proposes to plant or have planted any public tree or shrub at a location found to be undesirable by the Committee.
(Ord. 95-009. Passed 6-15-95.)


159.10 DISEASE, INSECTS AND MECHANICAL INJURY.
No person shall hereafter knowingly plant or have planted any public tree or shrub unless such tree or shrub is free of disease, insects and mechanical injuries.
(Ord. 95-009. Passed 6-15-95.)


159.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00).
(Ord. 95-009. Passed 6-15-95.)


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