[Ord. of 2-8-1978, § 2]
This Chapter shall be known as the "Municipal Tree Ordinance
of the City of Poughkeepsie."
[Ord. of 2-8-1978, § 2]
(a)
It is hereby found and declared that the City of Poughkeepsie,
New York, is situated in an area covered with a wide variety of trees
and shrubs that are a vital part of the heritage passed on to us by
nature and our forefathers.
(b)
Trees are valued as a valuable asset, providing a healthier
and more beautiful environment in which to live. They provide oxygen,
shade, beauty and a contrast to the man-made, urban setting. They
help prevent erosion, fill in streams, flash floods and air, noise
and visual pollution.
(c)
Trees are economically beneficial in attracting new industry,
residents and visitors. Healthy trees of the right size and species
enhance the value and marketability of property and promote the stability
of neighborhoods.
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, 1]
For the purpose of this Chapter, the following terms shall have
the meanings given herein:
Includes any public park having an individual name.
The outer edge of a street or highway.
The person owning such property as shown by the Tax Map of
the City of Poughkeepsie, New York.
All trees now or hereafter growing on any street, park or
any other public place.
All trees and shrubs.
That part of the 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.
All streets, parks and other city-owned property and all
land within any right-of-way of any street or highway.
Any act which will cause a tree to die within a three-year
period.
[Ord. of 2-8-1978, § 2; Ord. of 9-6-1978, § 1; Ord. of 6-19-1979, § 1;
Ord. of 10-7-1980, § 1; Ord. of 4-13-1982, § 2]
There is hereby created and established a Shade Tree Commission
consisting of nine members to be appointed by the Mayor, at least
one of whom shall be either professionally trained or experienced
in the field of municipal arboriculture; one of whom shall be a member
of the Common Council; one of whom shall be a member of the Planning
Department or other appropriate city department. All lay members of
the Commission shall be citizens and actual residents of the City
of Poughkeepsie. The professionally trained advisor, the member of
the Common Council and the member of the Planning Department or other
appropriate city department shall be ex officio members of the Commission
and shall have no vote on matters before the Board. All members of
the Commission shall serve without pay.
[Ord. of 2-8-1978, § 2; Ord. of 9-6-1978, § 1]
Of the members of the Commission who are first appointed pursuant
to this Chapter, two shall be designated to serve for terms of two
years, two shall be designated to serve for terms of three years and
two shall be designated to serve for terms of four years. Thereafter,
the term of office shall be three years.
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, § 3]
The Shade Tree Commission shall have power and it shall be its
duty:
(a)
To study problems and needs of the city in connection with its
tree planting program and to make recommendations to the City Administrator
and/or his designee as to type and kind of trees to be planted in
the city;
(b)
To assist in the dissemination of news and information regarding
the protection, maintenance, removal and planting of trees in the
city;
(c)
To make recommendations to the Common Council as to desirable
legislation concerning the tree program and activities for the municipality;
and
(d)
To provide for the holding of regular and special meetings and
to adopt rules and regulations, not inconsistent with this Chapter,
for the conduct of the meeting and business of the Commission. The
Commission shall file a copy of the rules and regulations, and any
amendments thereto, with the City Clerk.
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, § 6]
(a)
The City Administrator and/or his designee shall have the authority
to formulate and adopt a Master Street Tree Plan with the advise and
approval of the Shade Tree Commission. The Master Street Tree Plan
shall specify the species of trees to be planted on each of the streets
or other public sites of the municipality. From and after the effective
date of the Master Street Tree Plan, or any amendment therefor, all
planting shall conform thereto.
(b)
The City Administrator and/or his designee, with the approval
of the Shade Tree Commission, shall have the authority to amend, update
or add to the Master Street Tree Plan at any time that circumstances
make it advisable.
[1]
Editor's Note: An ordinance adopted 4-13-1982, § 4 through 12, provided for the repeal of Sections 17 1/2-7, 17 1/2-8 and 17 1/2-11 and renumbered Sections 17 1/2-9 through 17 1/2-15 as 17 1/2-7 through 17 1/2-12. Formerly, such repealed sections had pertained to the qualifications and duties of the Tree Foreman and set forth appeal procedure for aggrieved parties, as derived from an ordinance adopted 2-8-1978, § 2.
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, § 7]
No person shall trim, spray, maintain, plant, remove or otherwise
disturb trees in public places without first filing an application
and procuring a permit from the City Administrator or his designee.
The application shall be on a form designated by the City Administrator
and/or his designee with the advice of the Shade Tree Commission and
shall contain such information and data as he deems reasonably necessary
to a fair determination of whether a permit should be issued. The
City Administrator and/or his designee shall issue the permit provided
for herein if, in his judgment, the proposed work is necessary and
desirable and the proposed method and workmanship are satisfactory
(there shall be no fee assessed for such permits).
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, § 9]
(a)
It shall be the duty of any person or person owning or occupying
real property abutting on any street upon which property there are
trees to trim or remove such trees so that they will not obscure or
interfere with the view of motorists entering any intersection of
the city, obstruct the passage of pedestrians on sidewalks or obstruct
the streetlights or traffic signs.
(b)
The owner or occupant of private property shall treat or remove
any trees suffering from a transmittable disease or insect infestation
which is on such private property but may affect the health of trees
in public places.
(c)
If the provisions of Subsections (a) and (b) are not complied with, the City Administrator and/or his designee may serve written notice to comply with the provisions of said subsection upon the owner or occupant or any person having control of such property. The Councilman in whose ward such tree or trees exist shall also receive a copy of the written notice to comply.
(d)
Such notice shall be affixed or posted upon said property, and
a copy of such notice shall be mailed by certified mail, return receipt
requested, to such owner, occupant or person at his last known address.
Such notice shall require compliance with provisions of said subsection
within 30 days after the time of posting of such notice as aforesaid.
Compliance shall be requested within five days after the time of posting
such notice in the case of hazardous conditions.
(e)
If the person upon whom such notice is served fails, neglects
or refuses to trim, treat or remove such trees within 30 days after
the date of mailing or posting of such notice as aforesaid or within
five days after the date of mailing or posting of such notice in the
case of hazardous conditions, the Tree Foreman shall cause such trees
on such private property to be trimmed, treated or removed.
(f)
The actual cost to the city of such trimming, treating or removal,
plus a sum equal to 5% of such actual cost for inspection and other
additional cost in connection therewith shall be certified by the
City Administrator and/or his designee to the Commissioner of Finance
and the amount thereof shall become and be a lien upon the property
on which such tree was located, and the total amount thereof shall
be added to and become a part of the next annual assessment roll at
the time and in the manner prescribed by the Charter of the city and
subject to all the provisions thereof.
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, § 10]
(a)
All trees within 30 feet of any excavation or construction of
any building, structure or street work shall be guarded through the
length of the project with a good substantial fence, frame or box
not less than four feet high and eight feet square or at a distance
in feet from the tree equal to the diameter of the trunk in inches
at 4 1/2 feet from the ground, whichever is greater. All equipment,
building materials, chemicals, dirt or other debris shall be kept
outside the barrier at all times.
(b)
No person shall excavate any ditches, tunnels or trenches or
lay any drive within a radius of 10 feet from any tree without first
obtaining the approval of the City Administrator and/or his designee.
(c)
It shall be unlawful for any person to move any building or
other large object which may injure public trees, or parts thereof,
without first having obtained the approval of the City Administrator
and/or his designee.
(d)
No person shall deposit, place, store or maintain upon any public
place any stone, brick, sand, concrete or other materials which may
impede the free passage of water, air and fertilizer to the roots
of any tree growing therein, except with the permission of the City
Administrator and/or his designee.
(e)
No person shall damage, cut, carve or transplant any tree; attach
any rope, wire, nails, advertising posters or other contrivance to
any tree; allow any gaseous, liquid, chemical or solid substance which
is harmful to trees to come in contact with any tree; or set fire
or permit any fire to burn when such fire or the heat thereof may
injure any portion of any tree without first obtaining a written permit
from the City Administrator and/or his designee.
In case of officially declared emergencies, such as windstorms, ice storms or other disasters, the requirements of Sections 17 1/2-9 and 17 1/2-10 shall be waived so that the requirements of this Chapter would in no way hinder private or public work to restore order in the municipality. This work shall follow maintenance standards as outlined by the City Administrator and/or his designee.
[Ord. of 2-8-1978, § 2; Ord. of 4-13-1982, § 12]
Any person violating or failing to comply with the provision
of this Chapter shall be subject to a civil penalty not to exceed
$100. The penalty may be collected by the City Administrator and/or
his designee by action against the responsible person commenced by
the Corporation Counsel of the city. For the purpose of this Chapter,
each tree affected by noncompliance with the provisions of this Chapter
shall constitute a separate violation.
