[HISTORY: Adopted by the Council of the City
of Breckenridge as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 164.
[Adopted 11-20-1972 as Art. II of
Ord. No. 271]
As used in this article, the following terms
shall have the meanings indicated:
That portion of a public thoroughfare which is used by vehicular
and pedestrian traffic.
[Amended 2-7-2000 by Ord. No. 440]
No person shall plant, place or maintain any
trees, plants or shrubs:
A.
On the traveled portion of any street, alley or boulevard.
B.
Adjacent to the traveled portion of any street, alley
or boulevard if such trees, plants or shrubs have resulted or may
result in a traffic hazard or obstruction to traffic or an unsafe
condition.
C.
Which has interfered with or may interfere with the
erection, maintenance, repair or operation of any electric transmission
line, telephone line or other public utility.
Any such tree, plant or shrub planted, placed
or maintained in violation of this article is a public nuisance and
shall be immediately removed. In the event that such trees, plants
or shrubs are not removed, the Codes Administrator, Police Department,
City Engineer or Public Utilities Department shall notify the owner
or occupant of the property by written notice which shall be mailed
or delivered. Unless such trees, plants or shrubs are removed within
15 days after delivery of the notice, the City will cause the same
to be removed. If such trees, plants or shrubs are not removed within
said fifteen-day period, the City may cause the same to be removed.
[Adopted 10-5-1976 by Ord. No. 323; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
The City Council of the City of Breckenridge
has determined that the health of plants and trees within the municipal
limits is essential to prevent the loss of plants and trees growing
upon public and private property which would substantially depreciate
the value of property within the City and impair the safety, good
order, general welfare and convenience of the public. It is declared
to be the intention of the Council to control and prevent the spread
of disease, and this article is enacted for that purpose.
A.
Position created. The powers and duties of the City
Forester as set forth in this article are hereby conferred upon the
Park Department Foreman.
B.
Duties of Forester. It is the duty of the Forester
to coordinate, under the direction and control of the Council, all
activities of the municipality relating to the control and prevention
of tree and plant disease. The Forester shall recommend to the Council
the details of a program for the control of disease and perform the
duties incident to such a program adopted by the Council.
It is the intention of the Council of the City
of Breckenridge to conduct a program of plant pest control pursuant
to all the powers of this municipal corporation including the authority
granted by M.S. § 18.022 and 18.023, as amended.
A.
The following things are public nuisances whenever
they may be found within the City of Breckenridge:
(1)
Any living or standing elm tree or part thereof infected
to any degree with the Dutch elm disease fungus Ceratocystis Ulmi
(Buisman) Moreau or which harbors any of the elm bark beetles Scolytus
Multistriatus (Eichh.) or Hylungopinus Rufipes (March).
(2)
Any dead elm tree or part thereof, including legs,
branches, stumps, firewood or other elm material from which the bark
has not been removed and burned or sprayed with an effective elm bark
beetle insecticide.
(3)
Any living or standing tree or plant or part thereof
infected to any degree with any disease other than Dutch Elm Disease
which may endanger the other trees or plants in the City.
A.
Annual inspection. The Forester shall inspect all premises and places within the City as often as practicable to determine whether any condition described in § 174-8 of this article exists thereon. The Forester shall investigate all reported incidents of infestation by any disease.
B.
Entry on private property. The Forester or duly authorized
agents may enter upon private premises at any reasonable time for
the purpose of carrying out any of the duties assigned under this
article.
In abating the nuisances defined in § 174-8, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture.
[Amended 9-5-2017 by Ord.
No. 496]
It is unlawful for any person to prevent, delay
or interfere with the Forester or his or her agents while they are
engaged in the performance of duties imposed by this article.
