18596•
1 ORDINANCE NO. 18,596
2
3 AN ORDINANCE FOR THE CARE, MAINTENANCE AND
a TREATMENT OF TREES ON PUBLIC PROPERTY AND RIGHTS -OF-
5 WAY; AND FOR OTHER PURPOSES.
6
7 WHEREAS, the Board of Directors of the City of Little Rock understands and values
8 the contribution of trees and woodlands to the community through varied environmental,
9 recreational and aesthetic benefits, and
10 WHEREAS, on September 26, 2000, the Little Rock Board of Directors passed
11 several ordinances dealing with treatment of trees on private property and vehicular use
12 areas, namely Little Rock Ordinance ( "LRO ") Nos. 18,359, 18,360, 18,361 and 18,362; and
13 WHEREAS, said ordinances did not adequately address the specific issue of the care,
14 maintenance and treatment of trees on City-owned or managed property and rights -of way;
15 and
16 WHEREAS, the City Board has determined that the protection and proper
17 management of trees on public property is not only desirable but essential to the present and
18 future health, safety and welfare of all citizens; and
19 WHEREAS, the City of Little Rock has plans to manage and maintain trees on City-
20 managed property and to establish plans, policies, regulations and standards necessary to
21 ensure the City of Little Rock will forever realize the benefits provided by its urban forest and
22 woodlands.
23 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
24 OF THE CITY OF LITTLE ROCK, ARKANSAS:
25 SECTION 1. The following amendments are made to Little Rock, Ark. Rev. Code
-26 ; ( "LRC "):
27 (1) LRC §22 -38 "Disturbing trees, shrubs, etc." is repealed in its entirety.
28 (2) LRC §22 -39 "Aminials" is amended only to correct the spelling of the title to
29 "Animals ".
30 SECTION 2. LRC Chapter 22 is amended to add a new Article IX to be
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I entitled "Urban Forestry" and to read as follows:
2 ARTICLE IX. URBAN FORESTRY
3 Sec. 22 -221. Short Title.
a This article shall be known and may be cited as the "Urban Forestry Ordinance" of
s the City of Little Rock, Arkansas. This article shall hereafter be cited if referred to for
6 purposes of amendment or otherwise by said title.
7 Sec. 22 -222. Purpose and Intent.
s It is the purpose of this article to promote and protect the public health, safety, and
9 general welfare by providing for the development of an Urban Forestry Management Plan to
io address the planting, maintenance, and removal of public trees and woodlands in order to
I i promote, maintain, and improve the unique benefits of the urban forest resource of the City
12 of Little Rock. This article provides for the care of trees on City- managed property and aids
13 in the proper growth of a landscape program to enhance the beauty of the city.
14 Sec. 22 -223. Exemption.
15 (a) In accordance with related City ordinances, state law or franchise agreements,
16 public utilities may be exempt from certain provisions of this article.
17 (b) In case of emergencies, or when necessary for the protection of public safety and
18 welfare, any or all requirements of this article may be waived, suspended or modified by the
19 Mayor or the City Manager in the Mayor's absence.
20 Sec. 22 -224. Definitions.
21 For the purpose of this article, certain words or terms applicable hereto are defined as
22 hereinafter provided. Words and terms used in this article but not defined in this article shall
23 have the meanings ascribed elsewhere in this code. Words used in the present tense shall
24 include the future, words used in the singular number shall include the plural number and
25 words used in the plural shall include the singular. Rules of construction of terms are
26 designated in chapter 1 of this code.
27 Aboriculture — the art and science of tree care including, but not limited to planting, pruning,
28 fertilization, pest control, support, protection and removal.
29 City- managed Property — includes medians, street rights -of -way, alleys, parks, building
30 grounds, parking areas, trails, green ways, easements, and other properties owned, managed
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I or controlled by the City of Little Rock.
2 Hazardous Tree— any part of a tree that is diseased, damaged, decayed or located so as to be
3 dangerous to public safety, health or welfare.
a Public Tree — any tree located on City- managed property.
5 Topping — the severe cutting back of limbs to stubs larger than three (3) inches in diameter
6 within the crown of the tree.
7 Sec. 22 -225. Authority and Power to Plant, Maintain and Remove Trees on Public
s Property.
9 (a) The City of Little Rock shall have the authority to regulate, conduct and oversee
10 the planting, maintenance and removal of trees on City- managed property to ensure public
11 safety, and to preserve the aesthetics, health and environmental benefits of public trees.
12 (b) The City shall have the authority to cause the removal of any dead, diseased or
13 hazardous tree or tree parts when potential hazard to public safety and welfare exists.
14 (c) Each City Department shall have the authority to implement this article on
15 properties for which it is responsible.
16 Sec. 22 -226. Urban Forestry Division.
17 (a) An Urban Forestry Division is established and shall be administered by Little
18 Rock Parks and Recreation and managed by the Urban Forester.
19 (b) The Urban Forestry Division shall maintain an Urban Forestry Management Plan
20 and develop guidelines and specifications for aboricultural operations conducted on City-
21 managed property.
22 (c) The Urban Forestry Division may seek support, review plans and coordinate its
23 program with other City Departments, neighborhood associations, community
24 organizations, businesses and individuals.
25 (d) The Urban Forestry Division may consult with other City Departments involved
26 with the planting, maintenance or removal of trees under their responsibility in conjunction
27 with the Urban Forestry Management Plan and related City ordinances, and serve as a
28 liaison to tree service contractors, vendors and community organizations.
29 Sec 22 -227. Permit requirements.
30 (a) Planting and removal of trees on City- managed property shall require a permit.
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I (b) The Urban Forestry Division shall have the authority to review all requests for
2 permits and to attach reasonable conditions to permits for tree planting and removal of trees
3 on any City- managed property. The city official designated in Chapter 15 of this code or his
4 designee shall have the authority to grant or deny applications for permits under this article.
5 (c) Appeals. Any person aggrieved by an administrative decision under this article
6 shall have the right of appeal to the City Beautiful Commission as provided in section 15 -36
7 of this code.
8 Sec. 22 -228. Arboricultural Standards for Trees.
9 Planting, maintenance and removal activities on public trees should meet current
to arboricultural practices described in the American National Standards Institute ASC A300
I I standards for tree care operations, as amended. City Departments, contractors, community
12 organizations and individuals performing tree related activities on City- managed property are
13 encouraged to adhere to these standards.
14 Section 22 -229. Tree Topping.
15 The practice of topping is prohibited on public trees and is strongly discouraged as a
16 practice for trees on private property.
17 Section 22 -230. Hazardous Trees.
18 (a) When the Urban Forester determines that a tree or limb presents a condition
19 which is hazardous to the safety or welfare of the community, it shall be removed or pruned
20 immediately.
21 (b) It shall be the duty of any person or persons owning or occupying real property
22 bordering City- managed property upon which there may be trees, to prune such trees in such
23 a manner that they will not obstruct or shade street lights, obstruct the passage of pedestrians
24 on sidewalks, obstruct the passage of vehicles on any street or alley, obstruct vision of traffic
25 signs, or obstruct view of any street or alley intersection.
26 (c ) The City shall have the right to cause the removal of any dead, diseased or
27 hazardous trees or tree parts on public or private property within the City when such trees
28 constitute a hazard to life and property or harbor insects or disease which constitute a
29 potential threat to other trees within the city. If the tree is on private property, the owner
30 may be held responsible and liable for the costs of removal.
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i Sec. 22 -231. Damage, Abuse or Mutilation of Public Trees.
2 (a) Public trees shall not be removed without the appropriate or required permission
3 of the City pursuant to Chapters 15 and 22 of this code.
4 (b) It is unlawful to attach to public trees any rope, wire, sign, structure or harmful
5 device.
6 (c) It is unlawful to expose or subject any public tree to chemicals or any substances
7 which are injurious to the health, growth and vitality of any public tree.
s Sec. 22 -232. Protection from Utilities.
9 Public utilities should exercise reasonable care and utilize best management practices
to to avoid damage and injury to public trees during the installation and maintenance of its
11 facilities.
12 Sec. 22 -233. Protection from Vehicles and Equipment.
13 No person or business shall allow vehicles or equipment to cause damage or injury to
14 public trees by physical damage, land alteration, or chemical contamination.
15 Sec. 22 -234. Permit Application for Tree Planting and Removal.
16 It shall be unlawful for any person or business to plant, prune, remove, spray, or
17 otherwise treat public trees without evidence of applicable certification, license or permit.
18 Sec. 22 -235. Permit for Work Near Trees.
19 (a) No person or business shall perform any grading, excavation, place any fill,
20 compact the soil or construct any building structure, street, sidewalk, driveway, pavement or
21 public utility within 25 feet of any public tree without first notifying and consulting with the
22 Urban Forestry Division. Any such work shall be conducted in accordance with this article.
23 (b) Any public utility constructing or maintaining any overhead wires or underground
24 pipes or conduits within 25 feet of public trees shall consult with the Urban Forestry Division
25 prior performing work which may cause injury to public trees.
26 Sec. 22 -336. Required Licensing.
27 It shall be unlawful for any person to engage in the business of planting, cutting,
28 trimming, pruning, removing, spraying, or otherwise treating trees within the City of Little
29 Rock without first producing evidence of appropriate certification or license as required by
30 the City of Little Rock.
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i Sec. 22 -237. Violations.
2 (a) Violations of this article, including failure to comply with any notice or directive
3 pursuant to this article, shall be punishable as provided in section 1 -9 of this code.
4 (b) If, as the result of violation of this article, the injury, mutilation, or death of a
s public tree is caused, the actual cost of repair, replacement, or the appraised dollar value of
6 such public tree shall be borne by the party in violation. The value of public trees shall be
7 appraised in accordance with the Council of Tree and Landscape Appraisers Guide for Plant
s Appraisal, 9' Edition, as amended.
9 (c ) Each public tree affected and each action or inaction taken in noncompliance
10 with this article shall constitute a separate violation.
1 t SECTION 3. Severability. In the event any portion of this ordinance is declared or
12 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect
13 the remaining portions of the ordinance, which shall remain in full force and effect as if the
14 portion so declared or adjudged invalid or unconstitutional was not originally a part of this
15 ordinance.
16 SECTION 4. Repealer. All laws, ordinances and regulations and parts thereof in
17 conflict with this ordinance are hereby repealed to the extent of such inconsistency.
18 SECTION 5. Emergency Clause. The ability to care for, maintain and manage trees on
19 City property and to limit, to a reasonable extent, the removal of trees as a result of development and
20 redevelopment adjacent to City -owned property, is essential to the public health, safety and welfare. The
21 protection offoliage and green space on public property has been demonstrated to increase the overall
22 quality oflife and preserve the scenic beauty within the community. An emergency is, therefore, declared
23 to exist and this ordinance shall be in full force and effectfrom and after the date of its passage.
24 PASSED: November 20, 2001
25 ATTEST: APPRO D:
26
27 cy WO , City Clerk Jim ey, Mayor
2s
29 APP OVED AS TO LEGAL FORM:
30
31 Thomas M. Carpenter, CI& Attorney
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