Chapter 4
TREES, PLANTS AND SHRUBSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493
7-4-1: DEFINITIONS:
7-4-2: TREE SIZE AND SPECIES:
7-4-3: DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS:
7-4-4: DISTANCE FROM CURBS AND PUBLIC SIDEWALKS:
7-4-5: UTILITIES:
7-4-6: PUBLIC TREE CARE:
7-4-7: PRUNING; CORNER CLEARANCE:
7-4-8: APPLICATION, PERMIT FOR TREES LOCATED IN THE RIGHT OF WAY:
7-4-9: TREE TOPPING:
7-4-10: DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY:
7-4-11: TREES ALREADY IN PLACE:
7-4-12: IMPROPER PLANTING:
7-4-13: ARBORIST LICENSE AND BOND:
7-4-14: INTERFERENCE WITH CITY TREE BOARD:
7-4-15: REVIEW BY THE CITY COUNCIL:
7-4-16: PENALTY:
7-4-17: CONFLICT WITH OTHER ORDINANCES:

7-4-1: DEFINITIONS:linklink


CITY TREE BOARD: A group consisting of the parks director and/or one of his representatives, and up to nine (9) members at large who are residents or conduct business in Cody and are appointed by the mayor with the approval of the city council.


A. The term of the members, other than that of the parks director or his representatives, shall be two (2) years, except that the term of half of the initial at large appointees will be for one year. In the event of a vacancy during the term of any appointed member, his successor shall be appointed by the mayor for the unexpired portion of the term.


B. At large members of the board shall serve without compensation.


C. It shall be the responsibility of the city tree board to study, investigate, counsel, and develop written standards, rules and regulations for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such standards will be presented to the city council and, upon their acceptance and approval, shall constitute the official city "tree rules and regulations" and shall constitute the official comprehensive city tree plan for the city of Cody, Wyoming.


D. The city tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its responsibilities.


E. The city tree board shall choose its own officers, make its own rules and regulations consistent with the provisions of this chapter and keep a journal of its proceedings. A majority of the members shall be quorum for the transaction of business.

PARK TREES: Trees, shrubs, bushes and all other woody vegetation in parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

PUBLIC SIDEWALKS: Sidewalks located within the city right of way.

PUBLIC TREES: All street trees, park trees and any other trees located on public property.

RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, sidewalk, crosswalk, alley, shade tree or for another special use.

STREET TREES: Trees, shrubs, bushes and all other woody vegetation lying in the city right of way. (Ord. 96-15; amd. Ord. 2010-04, 3-2-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616308
7-4-2: TREE SIZE AND SPECIES:linklink

The following tree size classification shall apply in subsequent sections:

Small tree: Up to twenty five feet (25') projected height at maturity.

Medium tree: Twenty five feet (25') to forty feet (40') projected height at maturity.

Large trees: Over forty feet (40') projected height at maturity.

New plantings of the following nuisance species, as determined by tree board regulation, shall be prohibited on the right of way of any street, alley or public sidewalk. Those species of trees include: elms susceptible to Dutch elm disease, lombardy poplar, white poplar, weeping willow, cottonwoods, box elder, upright evergreens, Russian olive, flowering crab, mountain ash, cutleaf weeping birch, any tree, shrub or hedge which by its habit of growth cannot be maintained to a single leader or trunk, any tree, shrub or hedge which by its habit of growth would obstruct, restrict or conflict with necessary and safe use of the public right of way, such as upright evergreens, including spruce, pine, juniper, etc. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616309
7-4-3: DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS:linklink

No "street trees" shall be planted closer than thirty feet (30') from any street corner, measured from the point of the nearest intersecting curbs or curb lines. No "street tree" shall be planted closer than ten feet (10') from any fire hydrant. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616310
7-4-4: DISTANCE FROM CURBS AND PUBLIC SIDEWALKS:linklink

The distance trees may be planted from curbs or curb lines and public sidewalks will be in accordance with the tree species size classes listed in section 7-4-2 of this chapter, and no trees may be planted closer to any curb or public sidewalk than the following: small trees - two feet (2'), medium trees - three feet (3'), and large trees - four feet (4'). (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616311
7-4-5: UTILITIES:linklink

No "street trees", other than the small trees described in section 7-4-2 of this chapter, may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line (with the exception of underground irrigation systems), sewer line, transmission line or other utility. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616312
7-4-6: PUBLIC TREE CARE:linklink

The city shall have the right to plant, prune, preserve and remove trees, plants and shrubs within the rights of way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure safety when servicing city utilities, or to preserve the symmetry and beauty of such public grounds. The city may, at its option, remove or cause to be removed any public tree or part thereof which presents an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616313
7-4-7: PRUNING; CORNER CLEARANCE:linklink

The pruning and maintenance of trees that interfere with the proper spread of light of any streetlamp or obstructs the view from any intersection, is the responsibility of the adjacent landowner, whether the tree lies on private property or within the city right of way. There shall be a clear space of ten feet (10') above the surface of the street, eight feet (8') above sidewalks and twelve foot (12') clearance in alleys. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.

If owners do not correct such problems, the city shall notify property owners in writing. If owners are advised of the above mentioned problems and they are not corrected within ten (10) days, the city shall remove the problem trees or limbs and the cost thereof shall be assessed to the owner. Such trimming will be confined to the area immediately above the right of way. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616314
7-4-8: APPLICATION, PERMIT FOR TREES LOCATED IN THE RIGHT OF WAY:linklink

No person or company shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application and procuring a permit from the city. The person receiving the permit shall abide by the standards set forth in this chapter. Permits are issued free by contacting city hall. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616315
7-4-9: TREE TOPPING:linklink

It is unlawful as a normal practice for anyone to top any street tree, park tree, or other tree on public property. "Topping" is defined as 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 canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the city tree board. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616316
7-4-10: DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY:linklink

The city shall advise private landowners as to the proper way to remove any dead or diseased trees on private land within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. If owners are advised of the above mentioned problems of hazard trees and action is not taken to correct the problem within thirty (30) days, the same may be removed or cause to be removed by the city and the cost thereof shall be assessed to the owner. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616317
7-4-11: TREES ALREADY IN PLACE:linklink

Trees already in place and growing at the date hereof shall be exempt from sections 7-4-3, 7-4-4 and 7-4-5 of this chapter. However, any new or replacement trees shall be governed by those sections. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616318
7-4-12: IMPROPER PLANTING:linklink

Whenever a tree or shrub is planted in conflict with the provisions of this chapter, the city shall notify the landowner in writing. If the landowner has not corrected the problem within ten (10) days, the same may be removed or caused to be removed by the city and the cost thereof shall be assessed to the owner. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616319
7-4-13: ARBORIST LICENSE AND BOND:linklink

It is unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing public trees, or trees on private property within the city without first applying for and procuring a license from city hall. Applicants shall pass a written examination to ensure they are qualified and knowledgeable in tree pruning standards. Arborists certified by the International Society of Arboriculture (ISA) will be exempt from the examination. There shall be no license fee and licenses will not be required for any public service employee or city employee doing such work in the pursuit of their public service endeavors. Before any such license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of one hundred thousand dollars ($100,000.00) for bodily injury and three hundred thousand dollars ($300,000.00) for property damage indemnifying the city or any person injured or damage resulting from the pursuit of such endeavors as herein described. Additionally, applicants must provide a list of references. The city will give preference to arborists certified by the ISA or companies with a certified arborist on staff when performing maintenance on public trees. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616320
7-4-14: INTERFERENCE WITH CITY TREE BOARD:linklink

It is unlawful for any person to prevent, delay or interfere with the city tree board, or any city employee, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees or shrubs authorized in this chapter. The city may, at its option, when advised by the city tree board, cause the removal of dead or diseased trees from private property.

Prior to removal of dead or diseased trees by the city, the city shall provide written notice to the property owner. Should the property owner contest the fact that the tree is diseased, they may request a hearing in front of the city council. Said hearing shall be conducted pursuant to the Wyoming administrative procedures act. If a hearing shall be requested, the city shall not cause the removal of the dead or diseased tree until the completion of the hearing. The provisions of this subsection shall not apply in case of an emergency. "Cases of emergency" are defined as conditions which pose an immediate safety or health hazard to the public. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616321
7-4-15: REVIEW BY THE CITY COUNCIL:linklink

The city council shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from the ruling of order of the city tree board to the city council, who may hear the matter and make final decision. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616322
7-4-16: PENALTY:linklink

Any person violating any provision of this chapter shall, upon conviction or a plea of guilty, be punished as provided in section 1-4-1 of this code. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616323
7-4-17: CONFLICT WITH OTHER ORDINANCES:linklink

In the event anything contained in this chapter is at variance or conflicts with any other city ordinance in effect at the time of the passage of this chapter, and particularly the city zoning ordinances, then this chapter shall be deemed subservient thereto and the other ordinance or ordinances shall control. (Ord. 96-15)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60493#s616324