[Ord. No. 19-2003, § 1.0, 12-16-2003]
The City of Belfast hereby adopts this article in order to regulate
the removal, pruning, planting, and maintenance of public shade trees
within the limits of any City road or public right-of-way and of trees
located on public property.
[Ord. No. 19-2003, § 2.0, 12-16-2003]
This article is enacted pursuant to the home rule authority
granted to the City in accordance with the provisions of 30-A M.R.S.A.
§ 3001.
[Ord. No. 19-2003, § 3.0, 12-16-2003]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any individual, person, firm, corporation, association, partnership
or organization.
All trees within or upon the limits of any City road, City
owned property, public right-of-way, or any highway within the meaning
of 30-A M.R.S.A. § 3281.
All trees located upon any public property owned by the City
of Belfast.
An official of the City of Belfast appointed by the City
Council who shall have the care and control of all public shade trees
upon and along City roads, public rights-of-way and City owned property
that official shall enforce all laws relating to the preservation
and maintenance of public shade trees and public trees.
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Any term or word of this article which is not defined in this
section shall have a meaning consistent with 30-A M.R.S.A. to the
extent that such term is defined in that title; any term which are
not defined in that title shall have a meaning consistent with common
usage.
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[Ord. No. 19-2003, § 4.0, 12-16-2003]
A tree warden and an alternate tree warden shall be appointed
annually by the City Council, each for a term of one year. The alternate
tree warden shall serve in the absence of the tree warden.
[Ord. No. 19-2003, § 5.0, 12-16-2003]
No person shall prune, plant, cut down, remove, or alter a public
shade tree or a public tree unless that person has first obtained
the consent of the tree warden for those actions.
[Ord. No. 19-2003, § 6.0, 12-16-2003]
(a)
Request. Any person who intends to prune, plant, cut down, remove,
or alter a public shade tree or public tree shall make a verbal or
written request to the tree warden and shall state specifically the
action intended to be taken by that person concerning a public shade
tree or public tree.
(b)
Decision. Within 10 days receipt of a request pursuant to subsection (a), the tree warden or alternate tree warden shall approve the request, approve the request with conditions, or deny the request in a written decision mailed to the person making the request.
(c)
Significant impact. Any project deemed to be of "significant impact"
by the tree warden may be required to request in writing.
(d)
Authority of warden to impose reasonable conditions. The tree warden
has the authority to impose reasonable conditions, upon approval of
the request in order to preserve and maintain public shade trees or
public trees; and in order to protect the safety and convenience of
the City roads, highways, public rights-of-way, and public lands.
[Ord. No. 19-2003, § 7.0, 12-16-2003]
In the event a person making a request is aggrieved by the decision
of the tree warden, then such a person shall have the right to appeal
the decision of the tree warden to the City Council, written request
for appeal shall be received within 10 days of the date of the decision
of the tree warden. The appeal shall be made in writing and shall
set forth specifically the basis for the appeal. Upon receipt of the
written appeal by the City Council, the council shall hold a public
hearing within 30 days, and thereafter deny the appeal or overturn
the decision of the tree warden.
[Ord. No. 19-2003, § 8.0, 12-16-2003]
After a public hearing, the City Council shall have the authority
to adopt, amend, or modify guidelines for pruning, planting, cutting,
removing or altering of trees, and thereafter, the tree warden shall
use those guidelines in making decisions pursuant to this article.
[Ord. No. 19-2003, § 9.0, 12-16-2003]
Any person who violates the provisions of this article, or fails
to seek approval of a request pursuant to this article, shall commit
a civil violation for which a penalty may be assessed as follows:
(1)
A penalty of up to $500 may be adjudged for the cutting down or removal
of any public shade tree or public tree in violation of this article.
(2)
A penalty of up to $250 may be adjudged for any pruning, planting,
or altering of a public shade tree or public tree in violation of
this article.
The penalties set forth may be adjudged, upon complaint, by
the municipality to the District Court or the Superior Court.
[Ord. No. 19-2003, § 10.0, 12-16-2003]
In addition to the penalties set forth above, the Tree Warden,
on behalf of the City, may seek an abatement of the violation, or
injunctive relief, including an award of reasonable attorney fees
from the District Court or the Superior Court.
