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## A BYLAW OF THE CITY OF BROOKS IN THE PROVINCE OF ALBERTA FOR THE PLANTING AND PROTECTING OF TREES AND SHRUBS ON ANY HIGHWAY OR PUBLIC PLACE.
WHEREAS the Municipal Government Act RSA 2000, c.M-26 and regulations as amended, provides that Council may pass Bylaws in relation to services provided by or on behalf of the municipality;
NOW, THEREFORE, the Council of the City of Brooks, in the Province of Alberta, hereby enacts as follows:
## 1. TITLE:
100. This Bylaw may be referred to as the "Protection of Trees and Shrubs" Bylaw.
## 2. DEFINITIONS:
200. In this Bylaw, unless the content otherwise requires:
201. "Act" means the Municipal Government Act RSA 2000 c-M-26 and regulations made under the Municipal Government Act as amended;
202. "Boulevards" means that part of a Highway in an urban area that is not a roadway and is that part of the Sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians;
203. "Chief Administrative Officer" means the Chief Administrative Officer of the City of Brooks regardless of any subsequent title that may be conferred on that officer by Council or statute, or his/her designate;
204. "City" means the City of Brooks, a Municipal Corporation in the Province of Alberta, or the geographical area contained within the boundaries of the City of Brooks, as the context may require;
205. "Council" means the Municipal Council of the City of Brooks;
206. "Drip Line" means the outer limits of a Tree's canopy. The point at which water will drip unimpeded from the perimeter of the branches to the ground;
207. "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes a sidewalk, including a boulevard adjacent to the sidewalk, if a ditch
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lies adjacent to and parallel with the roadway, the ditch, and if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway as defined in the Traffic Safety Act, R.S.A. 2000, c. T-6;
208. "Park" means all named public parks, other park land, municipal reserve and environmental reserve within the City;
209. "Parks Supervisor" means the Supervisor, Parks Services, or his/her designates;
210. "Peace Officer" means a Bylaw Enforcement Officer appointed by the City of Brooks pursuant to Section 555 of the Municipal Government Act and for the purpose of enforcement of this Bylaw, also includes a Community Peace Officer or a member of the Royal Canadian Mounted Police;
211. "Person" means any Person, firm, partnership, association, corporation, company or organization of any kind;
212. "Public Lands" means all property owned by or under the control of the City;
213. "Tree(s)" means any City Tree(s) and shrubs) located on Public Lands;
214. "Tree Topping" means the severe cutting back of limbs within a Tree's crown to such a degree so as to remove the normal canopy and structure of the Tree causing the disfiguration of the Tree;
215. "Violation Tag" means a tag or similar document issued by the City Pursuant to the Act;
216. "Violation Ticket" means a ticket issued pursuant to Part Il of the Provincial Offences Procedures Act, RSA 2000, c P-34, as amended and any Regulations thereto.
## 3. GENERAL:
300. No person other than an employee of the City, or a Person authorized by the City or a contractor hired by the City shall;
301. trim, prune, remove or otherwise alter any Trees) or portions thereof;
302. plant, treat, spray or otherwise disturb any Tree(s) on public lands;
303. attach any rope, wire, nails or other object to any City Tree(s);
304. excavate any ditches, tunnels or trenches on Public Lands that are within the Drip Line of any Tree(s);
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305. deposit, place, store or maintain upon any Public Lands any stone, brick, sand, concrete, soil or other materials which may impede the free passage of water, air and/or fertilizer to the roots of any Tree(s); or,
306. allow any pesticide, gaseous liquid or solid substance which is harmful to any Trees) to come into contact with them or set fire or to permit any fire to burn when such fire or the heat thereof will damage any portion of any City Tree(s).
307. Public utility companies, if performing work on any Tree(s), shall obtain approval from the City to prune or remove any Tree(s) located on Public Lands for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards.
308. Anyone who wishes to trim, prune, remove or otherwise alter any Trees) shall submit an application to the Parks Supervisor detailing the location, number, size and species of any Tree(s) affected by the proposed work. The applicant shall also specify the purpose of the proposed work.
309. The Parks Supervisor shall have the authority to grant and/or disallow the removal of City Tree(s). Removal shall only be granted if the Tree(s) do not meet the qualifications of a healthy Tree, or is deemed to be dangerous by the Parks Supervisor, in accordance with the form set out in Schedule "B". Should the removal be granted, the Parks Supervisor shall obtain a quote to remove the Tree(s) and inform the property owner. All costs incurred from the removal of the Tree(s) shall be a debt owing to the City by the property owner. If the owner obtains their own quote, it must be provided by a certified Arborist, with proof of the certification provided to the City. Further, all other City Bylaws must be adhered to.
310. When a City Tree(s) is removed, the property owner that requested the removal shall pay for a new Tree(s) to be planted and all costs associated with the planting of the Tree(s). The type and location of the Tree(s) shall be determined by the Parks Supervisor.
311. Any Tree(s) on Boulevards, Parks or other Public Lands near any excavation or construction shall be guarded with a substantial fence, frame or box not less than four (4) feet high and sixteen (16) square feet in area to protect against construction damage. The stated protective enclosure shall be erected by whoever is performing such work in proximity to the Tree(s).
312. In the event of any excavation or construction in a Boulevard, Park or other Public Land, the Parks Supervisor may at his discretion, require the person performing such work to erect protective snow fence around the perimeter of the Drip Line of any City Trees).
313. If, as a result of a violation of any provision of this Bylaw, the injury, mutilation, death or unapproved removal of any Tree(s) is caused
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through accidental or deliberate means, the cost of repair and/or removal and replacement of such plant material shall be borne by the party in violation. The replacement value of any Trees) shall be determined in accordance with a specification of plant appraisal as published by the International Society of Arboriculture.
## 4. PENALTIES AND OFFENCES:
400. Any person who contravenes any provision of this Bylaw is guilty of an offence and liable upon summary conviction, to a maximum penalty of $10,000 and a minimum penalty equal to the specified penalty for that offence.
## 5. ENFORCEMENT:
500. A Peace Officer is for the purpose of enforcement of this Bylaw, a designated officer of the City.
501. No person shall unreasonably hinder, prevent, delay or interfere with any City employees) while engaged in in the enforcement of this Bylaw.
502. Any person who contravenes any provision of the Bylaw is guilty of an offence and is liable upon summary conviction, to a maximum penalty of $10,000 and a minimum penalty equal to the specified penalty for that offence.
503. A Peace Officer is hereby authorized and empowered to issue a /iolation Tag to any person who the Peace Officer has reasonable an robable arounds to believe has contravened any provision of thi Bylaw.
504. A Violation Tag may be issued to such person:
505. either personally; or,
506. by mailing a copy to such person at his or her last-known post office address.
507. A Violation Tag issued pursuant to this Bylaw shall be in a form approved by the Chief Administrative Officer and shall state:
508. the name of the person or other information to adequately identify the person;
509. the offence;
510. the appropriate penalty for the offence and specified in "Schedule A" of this Bylaw;
511. the time period in which the specified penalty must be paid in
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order to avoid prosecution for the alleged offence; and,
512. any other information as may be required by the Chief Administrative Officer.
513. Where a Violation Tag has been issued pursuant to this Bylaw, the person to whom the Violation Tag has been issued may, in lieu of being prosecuted for the offence, pay to the City, the penalty specified on the Violation Tag.
514. In those cases where a Violation Tag has been issued and the penalty specified on the Violation Tag has not been paid within the prescribed time, a Peace Officer is hereby authorized and empowered to issue a Violation Ticket.
515. A Peace Officer is authorized and empowered to immediately issue a Violation Ticket to any person who the Peace Officer has reasonable and probable grounds to believe is responsible for a contravention of this Bylaw.
516. A Violation Ticket issued with respect to a contravention of this Bylaw shall be served upon the person responsible for the contravention in accordance with the Provincial Offences Procedure Act.
517. The person to whom the Violation Ticket may, in the case of a Violation Ticket issued pursuant to the Provincial Offences Procedure Act, plead guilty by making a voluntary payment in respect to the summons by delivering to the Provincial Court, on or before the initial appearance date, the Violation Ticket together with an amount equal to the specified penalty for the offence as provided for in Schedule "A" to this Bylaw.
518. When a clerk of the Provincial Court records the receipt of a voluntary payment pursuant to Subsection 517 and the Provincial Offences Procedure Act, the act of recording constitutes acceptance of the guilty plea and also constitutes the conviction and imposition of a fine in the amount of the specified penalty.
## 6. EXEMPTIONS
600. In the event of an emergency such as a limb falling on live wires or a danger to public safety, public utility companies may perform such work as is required to eliminate an immediate danger without obtaining approval for the work.
601. Any Tree(s) under utility wires or other obstructions when normal pruning practices are impractical shall be exempted at the discretion of the Parks Supervisor. However, written approval is required for this exemption.
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## 7. APPEALS
700. A person affected by a decision of the Parks Supervisor pursuant to this Bylaw may appeal to Council by filing a written appeal with the Chief Administrative Officer (CAO) within fourteen (14) days of the date of the decision. The written appeal shall include a description of the circumstances giving rise to the appeal; the reasons for the appeal; all supporting documentation and the remedy requested by the appellant. Council's decision with regard to the appeal shall be final and binding.
## 8. SEVERABILITY:
800. It is the intention of Council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is the further intention of Council that if any provision of this Bylaw is declared invalid, all other provisions herein shall remain valid and enforceable.
## 9. REPEAL OF BYLAW
900. That Bylaw No. 14/15 be hereby repealed.
## 10. EFFECTIVE DATE
1000. This Bylaw shall take effect at the date of final passing thereof.
Read a first time this 8th day of September, 2015. Read a second time this 8th day of September, 2015.
Read a third time and finally passed this 8th day of September, 2015.
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Mayor
N. Senter
Chief Administrative Officer
Ne.
## PENALTIES:
## PART!
For any contravention of any provision of Bylaw No. 14/15
First Offence
Second and Subsequent Offences
Penalty:
$300.00
$600.00
## CITY OF BROOKS BYLAW NO. 14/15 SCHEDULE "A"
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Client
Address/Tree location
Tree species
Assessor(s)
dbh
Time frame
## Target Assessment
Tree no.\_
\_Height
Tools used
| Target | Target description | Target zone | Occupancy rate 1-гаге 2- occasional 3-frequent 4 - constant | Practical to move target? | Restriction practical? |
|----------|----------------------|----------------------------------------------------------------------|---------------------------------------------------------------|-----------------------------|--------------------------|
| number | | Target within drip line Target within 1x Ht. Target within 1.5 x Ht. | | | |
| 1 | | | | | |
| 2 | | | | | |
| 3 | | | | | |
| 4 | | | | | |
Site Factors
History of failures Topography FlatO SlopeD
- [ ] Site changes None · Grade change · Site clearing · Changed soil hydrology · Root cuts · Describe
- [ ] Soil conditions Limited volume · Saturated · Shallow · Compacted Pavement over roots ·
Prevailing wind direction\_
% Describe
.Common weather Strong winds D Ice · Snow Heavy rain · Describe
Tree Health and Species Profile
- [ ] Vigor Low O Normal · High D
- [ ] Foliage None (seasonal) ·
- [ ] None (dead) · Normal
Abiotic
Species failure profile Branches · Trunk· Roots · Describe Load Factors
- [ ] Chlorotic \_
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## CITY OF BROOKS BYLAW 15/18 SCHEDULE "B"
## ISA. Basic Tree Risk Assessment Form
Date
- [ ] Wind exposure Protected · Partial Full · Wind funneling ·
- [ ] Crown density Sparse Normal Dense Interior branches Few NormalD Dense ·
Recent or planned change in load factors
Tree Defects and conditions Affecting the Likelihood of Failure
## - Crown and Branches -
LCR \_%
% overall
- [ ] Cracks ·
- [ ] Max. dia.
- [ ] Max. dia.
- [ ] Raised
- [ ] Lion-tailed D
- [ ] Lightning damage ·
- [ ] Included bark D
- [ ] Cavity/Nest hole% circ
- [ ] Similar branches present D
- [ ] Sapwood damage/decay O
- [ ] Codominant D
- [ ] Weak attachments O
- [ ] Previous branch failures O
- [ ] Dead/Missing bark · Cankers/Galls/Burts O
- [ ] Conks ·
- [ ] Heartwood decay ·
Response growth -
- [ ] Minor · Moderate ·
- [ ] Significant ·
- [ ] Possible ·
- [ ] Unbalanced crown ·
- [ ] Dead twigs/branches D
Broken/Hangers Number
- [ ] Over-extended branches ·
Pruning history
- [ ] Crown cleaned D
- [ ] Thinned O
- [ ] Reduced
Flush cuts
Main concern(s)
Load on defect
- [ ] Likelihood of failure Improbable O
- [ ] Probable
- [ ] Topped
Other
- [ ] N/A D
## -Trunk -
- [ ] Dead/Missing bark ·
- [ ] Codominant stems O
- [ ] Abnormal bark texture/color ·
- [ ] Included bark ·
- [ ] Cracks ·
- [ ] Sapwood damage/decay · Cankers/Galls/Burls · Sap ooze ·
- [ ] Lightning damage · Heartwood decay · Conks/Mushrooms ·
- [ ] Cavity/Nest hole
- [ ] % circ. Depth
Lean\_
· Corrected?
Response growth
Main concern(s)
Load on defect
- [ ] N/A · Minor · Moderate ] Significant D
Likelihood of failure
- [ ] Improbable D
- [ ] Possible ·
- [ ] Poor taper ·
- [ ] Imminent O
## - Roots and Root Collar
- [ ] Collar buried/Not visible · Depth
- [ ] Dead ·
- [ ] Decay ·
- [ ] Ooze
- [ ] Cavity D
- [ ] Stem girdling
- [ ] Conks/Mushrooms ·
% circ.
- [ ] Cracks [ Cut/Damaged roots ·] Distance from trunk \_
- [ ] Root plate lifting D
Response growth
Main concern(s)
Load on defect N/A· Minor · Moderate · Significant ·
Likelihood of failure
- [ ] Improbable · Possible ·
- [ ] Probable ·
- [ ] Soil weakness D
- [ ] Probable D
- [ ] Imminent O
Time
Sheet
Crown spread dia.
\_of\_
% Aspect\_
- [ ] Necratic\_ \_%
- [ ] Relative crown size Small Medium· Large D
- [ ] Vines/Mistletoe/Moss O
- [ ] Imminent O
## CITY OF BROOKS BYLAW 15/18 SCHEDULE "B"
## Risk Categorization
Condition number
Tree part
1
2
Conditions
of concern
Part size
Fall distance
Target number
Failure
Target
protection
Improbable
Possible
Probable
Imminent
Very low
Low
Medium
High
Unlikely
Somewhat
Likely
Very likely
Negligible
Minor
Significant
Severe
impact
Likelihood
(from Matrix 1)
Failure & Impact
Consequences
Matrix 2)
(from
of part
rating
Risk
3
4
## Matrix I. Likelihood matrix.
Likelihood
of Failure
Very low
Imminent
Unlikely.
Probable
Unlikely
Possible
Unlikely
Improbable
Unlikely.
## Matrix 2. Risk rating matrix.
S. Likelihood of
Failure & Impact
Very likely
Likely
Somewhat likely
Unlikely:
Negligible
LOW
Low
Low
2 Low
Likelihood of Impacting Target
Low
Somewhat likely
.: Unlikely
Unlikely
Unlikely
- Medium
Likely
Somewhat likely
- Unlikely
: Unlikely
High
Very likely:
Likely
Somewhat likely
Unlikely
Consequences of Failure
Minor ::
Significant
Moderate
High
Moderate™
5 High c
Low:
Moderate
Lows
3: Low
Severe
Extreme
High"
Moderate
Low
Notes, explanations, descriptions
North
...
Mitigation options
\_Residual risk
Residual risk
Residual risk
Residual risk
Overall tree risk rating
- [ ] Low - Moderate D
- [ ] High D
- [ ] Extreme -
Overall residual risk
- [ ] Low D Moderate DI
- [ ] High O
- [ ] Extreme
- [ ] Data -Final -Preliminary Advanced assessment needed No DYes-Type/Reason
Inspection limitations None Visibility Access DiVines DRoot collar buried Describe
Work priority 10 20 30 40
Recommended inspection interval
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