[MC 2006-08, § 1, March 20, 2006]
Shall mean a woody plant having at least one (1) well defined
stem with a diameter greater than four (4) inches measured at a point
four and one-half (4 1/2) feet above ground; except dogwood,
birch, other multi-trunked tree, the diameter of which shall be two
(2) inches measured at a point four (4) feet from the ground. It will
also have a more or less defined crown and usually attaining a height
of at least ten (10) feet.
The Director of Public Works may, with the approval of the City
Administrator and signed by the Mayor, make additional rules and regulations,
not inconsistent with this article, pertaining to the planting, removal
and care of trees, bushes and shrubs, and such rules and regulations,
once duly adopted, shall be deemed a part of this article as though
set forth fully herein.
No person shall prevent, delay or interfere with the Director
of Public Works or his authorized representatives while engaged in
carrying out the provisions of this article in or upon any public
highway or public place or upon any private grounds, as authorized
by this article.
(a)
The Department of Public Works shall cause to be planted, trimmed,
sprayed, preserved and removed trees, plants, and shrubs within the
lines of all streets, alleys, avenues, lanes, squares and public grounds
as may be necessary to insure safety or to preserve the symmetry and
beauty of such public grounds.
(b)
The Director of Public Works or his designee may remove or destroy,
or cause or order to be removed or destroyed a tree or part thereof
on public grounds which is in an unsafe condition, or which, by reason
of its nature, is injurious to sewers or other public improvements,
or is affected with any injurious fungus, insect or other pest.
The Department of Public Works shall have control over all trees
located within the streets, rights-of-way and parks and shall have
the power to plant, care for, remove and destroy trees, subject to
the provisions of this article.
The Director of Public Works or his designee, is authorized
to inspect any tree infected or reported to be infected with any parasite,
insect pest, Dutch Elm disease or the virus disease Phloem Necrosis,
commonly known as Elm Blight.
(a)
If, after inspection as provided in Section 15:1-6, the Director of Public Works or his designee shall determine that a tree, shrub or plant is infected or infested by any parasite or insect pest, he shall serve upon the owner, occupant or tenant of the property a written notice that the tree is so infected or infested and that it must be sprayed, treated, trimmed, removed or destroyed under the supervision of such Director or his designee within ten (10) days of service of the notice, so as to prevent scattering of the parasites or pests to other public or private plants. If the owner, occupant or tenant cannot be found, a copy of the notice shall be posted upon the infected or infested tree.
(b)
If the tree is not treated within ten (10) days after service or posting of the notice as provided in Subsection (a) such Director or his designee shall cause the tree to be treated, removed or destroyed.
(c)
Whenever the owner, occupant or tenant of the private grounds shall
refuse or neglect his responsibility for the above, the cost for the
above shall be certified by the Director of Public Works, after approval
by the City Administrator and signed by the Mayor, to the Collector
of Taxes and upon filing with him of the certification the amount
of the cost shall be and become a lien upon the grounds where the
work was done and shall bear interest and be collected in the manner
provided by law.
[MC 2006-08, § 1, March 20, 2006]
(a)
If, after inspection as provided in Section 15:1-6, the Director of Public Works or his designee shall determine that a tree located on public or private property infected by any transmissible agent that constitutes a danger to the community forest, he shall immediately serve upon the owner, occupant or tenant of the property a written notice that the tree is so infected and that it must be removed and burned under the supervision of the Director of Public Works or his designee within ten (10) days of the service of notice. If the owner, occupant or tenant cannot be found, a copy of the notice shall be posted upon the infected tree.
(b)
If the tree is not removed and burned within ten (10) days after the service or posting of notice as provided in Subsection (a), the Director of Public Works or his designee shall cause the tree to be removed and burned.
(c)
Whenever the owner, occupant or tenant of the private grounds shall
refuse or neglect his responsibility for the above, the cost for the
above shall be certified by the Director of Public Works, after approval
by the City Administrator, and signed by the Mayor, to the Collector
of Taxes and upon filing with him of the certification, the amount
of the cost shall be and become a lien upon the grounds where the
work was done and shall bear interest and be collected in the manner
provided by law.
No person shall prune, spray, plant or remove a tree in any
street or park, except that the owner of land abutting on a street
may, upon obtaining prior written permission from the Director of
Public Works or his designee, prune, spray, plant or remove a tree
or trees in that part of the street abutting his land not used for
public travel. Every permit shall specifically state the extent of
the authorization and the conditions under which the permit is granted.
(a)
Every owner of a tree overhanging a street or right-of-way shall
trim the branches of the trees so the branches shall not obstruct
the light from a street lamp or obstruct the view of the street intersection,
and so that there shall be a clear space of thirteen and one-half
(13 1/2) feet above the surface of the street or right-of-way.
Such owner shall remove all dead, diseased or dangerous trees, broken
or decayed limbs which constitute a menace to the safety of the public.
(b)
If the owner fails to comply with Subsection (a), the Director of Public Works or his designee shall have the authority to trim any tree or shrub on private property when the tree or shrub interferes with the proper spread of light along the street from a street light or interferes with the visibility of a traffic control device or sign, the trimming to be confined to the area immediately above the right-of-way.
[MC 1984-12, § 1, June 12, 1984]
Aerial spraying by all types of aircraft is prohibited within
the boundaries of the City of Plainfield.
[MC 1984-12, § 1, June 12, 1984]
(a)
Any party or firm in the pesticide application business engaged to
spray pesticide from ground techniques on property within the City
of Plainfield is required to secure a permit from the City of Plainfield
Health Division at least ninety-six (96) hours prior to the commencement
of such spraying.
(b)
Pesticide applicators using ground techniques, property owners, leaseholders,
tenants, occupants, or ground and maintenance crews who personally
spray a pesticide solely within the boundary of their property, shall
be exempt from the permit and notification requirement.
[MC 1984-12, § 1, June 12, 1984]
(a)
The permit to spray shall be valid for twenty-one (21) days and shall
require that the occupant of the property to be sprayed notify personally
or by first class mail all occupants of property within seventy-five
(75) feet of the property to be sprayed at least seventy-two (72)
hours prior to said spraying.
Delivery of the notification shall be considered complete if
postmarked by first class mail in the City of Plainfield at least
seventy-two (72) hours prior to spraying.
(b)
Notification shall include the approximate date or dates the property
will be sprayed, the purpose of the spraying, type of pesticide, and
the name and telephone number of the firm to be used. A copy of the
notice to be used shall be placed on file with the Division of Health
of the City of Plainfield at the time a permit is issued.
[MC 1984-12, § 1, June 12, 1984]
The permit fee shall be Ten Dollars ($10.00), payable to the
City of Plainfield. A list of the mailing addresses of properties
within seventy-five (75) feet of the property to be sprayed may be
purchased from the Plainfield Tax Assessor.
[MC 1984-12, § 1, June 12, 1984]
Spraying requiring a permit shall not be permitted between the
hours of 7:00 A.M. and 7:00 P.M. inclusive, and not permitted within
two thousand (2,000) feet of a bee hive registered with the Health
Division. Spraying requiring a permit hereunder shall be permitted
from dawn to dusk in all other areas of the City.
[MC 1984-12, § 1, June 12, 1984]
It shall be the obligation of Plainfield bee keepers to provide
the Plainfield Health Division with the names and addresses of their
designated representatives and to provide the City of Plainfield Health
Division with an updated location map of all bee hives in the City
of Plainfield with a list of the names, addresses, and telephone numbers
of all bee keepers by March 15 of each year. Said map shall be posted
in the office of the Health Division with the list of names, addresses,
and telephone numbers of all bee keepers.
[MC 1984-12, § 1, June 12, 1984]
Failure to secure a required permit by a pesticide applicator
and/or failure to provide proper notice to a property owner, lease-holder,
tenant, or occupant, shall be subject to a fine of Fifty Dollars ($50.00).
