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City Tree Protection
THE CORPORATION OF THE CITY OF PENTICTON
BYLAW NO. 2001-26
BEING A BYLAW OF THE CORPORATION OF THE CITY
OF PENTICTON TO PROVIDE FOR THE MANAGEMENT,
IMPROVEMENT AND OPERATION OF THE URBAN FOREST
OF ANY PROPERTY HELD BY THE CITY OF PENTICTON
The Municipal Council of The Corporation of the City of Penticton in open meeting
assembled ENACTS as follows:
1.
This Bylaw may be cited for all purposes as the "Municipal Properties Tree Bylaw No.
2001-26 (2001)".
2.
DEFINITIONS
a) "Boulevard" means the portion of a highway between the curb lines or the lateral
lines of a roadway and the adjoining property or roadway and includes curbs,
sidewalk, medians and ditches.
b) "Certified Arborist" means a person certified by the International Society of
Arboriculture who is trained in the art and science of planting, caring for and
maintaining individual trees.
c)
"City tree" means any tree located on property owned by the City of Penticton.
d) "Dripline" means width of the crown of the tree, as measured by the lateral extent
of the foliage.
e) "Hazardous Tree" means a tree containing significant structural defects which are
likely to lead to failure and possibly cause injury or death.
f)
"Heritage Tree" means a significant tree which has been identified in this bylaw as
important to the community due to its age and outstanding characteristics.
g) "Highway" includes every highway within the meaning of the Highway Act and
every road, street, lane or right-of-way designed or intended for or used by the
general public for the passage of vehicles and every place or passage way owned
or operated by the City of Penticton for the purpose of providing off-street parking
or for the use of pedestrian or cycle traffic.
h) "Owner" means and includes the owner, agent, occupier or lessee of any private
property located within the City.
i)
"Parks" shall include all publicly owned greenspaces including greenbelts.
j)
"Parks Division" means the Parks Division of the City of Penticton Parks,
Recreation and Culture Department designated by the Corporation of the City of
Penticton whose jurisdiction falls within Parks and Greenbelt areas.
City Tree Protection Bylaw No. 2001-26
Page 2
k)
"Parks Supervisor" means the Parks Supervisor for the City's Parks Division or the
Parks Supervisor's delegate as appointed by Council.
l)
"Urban Forest" means tree, trees or forest located on any property owned or held
by the City.
m) "Wildlife Trees" means any standing dead or live tree with special characteristics
that provide valuable habitat for the conservation or enhancement of wildlife.
3.
DELEGATION OF AUTHORITY
a) All City trees shall be deemed to be the property of the City of Penticton and the
care, custody and control of such trees shall be with the Parks Supervisor pursuant
to Section 715 of the Local Government Act.
4.
PROHIBITIONS
a) No person shall plant any tree on any property owned by the City without first
having obtained the written permission of the Parks Supervisor.
i)
The Parks Supervisor or authorized designate shall not permit the planting of
any tree on property owned by the City except in compliance with standards
set by the City of Penticton Parks Division.
b) No person shall remove, excavate, destroy, cut, deface, trim, use any chemical or
fertilizer on or in any way injure, impair or interfere with any City tree except as
expressly authorized in writing to do so by the Parks Supervisor or, in the case of
cutting or trimming, if carried out by a qualified private tree company which holds
expressed written permission from the Parks Supervisor or his/her authorized
designate.
c)
No person shall attach wire, rope, nails, lighting, posters or any such contrivance to
any City tree, without the expressed permission of the Parks Supervisor or
designate.
i)
The Parks Division may remove from any City tree, any wire, rope, nail,
lighting, poster or any such contrivance, that may, in the opinion of the
Parks Supervisor, damage the tree or cause nuisance.
5.
EXEMPTIONS
a) The City of Penticton Parks Division may cut down, destroy, remove, transplant or
otherwise dispose of any City tree or authorize to cut down, destroy, remove,
transplant or otherwise dispose of any City tree if in the opinion of the Parks
Supervisor:
i)
the tree constitutes a hazard to life or property or is a public nuisance,
ii)
the tree is infected by disease or injurious insects,
City Tree Protection Bylaw No. 2001-26
Page 3
iii)
the tree is planted to close to an abutting tree that it impedes growth of either
or both,
iv)
the tree interferes in any way with utility lines, poles, pipes, sewer lines,
traffic control devices or other public or private utilities.
b) This Municipal Tree Bylaw does not apply to the operations of the Public Works
Department. Any tree or trees affected through activities of the Public works
Department will be managed following written policies and procedures.
6.
REPLACEMENT TREES
a) The Parks Division may replace any City tree that has died or been removed by
the City, provided that such replacement, in the opinion of the Parks Supervisor is
desirable.
7.
TREES BROKEN, UPROOTED OR HAZARDOUS
a) If a tree on private property falls apart or is uprooted and the tree or portions of the
tree fall on City property, the private property owner of the tree shall be responsible
for the removal of the tree or portions thereof from the city property. If the owner
fails to remove the tree or portions thereof within five (5) calendar days, the Parks
Division may remove the tree or portions thereof from City property and charge all
costs incurred to the owner. In cases where tree hazard abatement or removal
must be undertaken at once for safety reasons, the Parks Division may direct its
immediate removal.
b) If a City tree is located both on City property and on private property the Parks
Division may remove the said tree if the tree is broken, uprooted or diseased
and/or constitutes a hazard to the safety of the public. The cost of such removal
shall be jointly shared by the City of Penticton and the private property owner.
c)
A privately owned tree or parts of a tree that is considered a hazard by City Council
or their authorized delegate (Parks Supervisor) and may likely cause damage to
public property or cause injury to the public should be removed by the owner or
occupier of the said property. If not removed in five (5) days after receipt of notice
by registered mail to the owner or occupier of the property, the Parks Division may
remove the tree (s) or part(s) of a tree and charge all costs to the owner.
8.
PROTECTION OF TREES
All trees on any street or other publicly owned property near any excavation or
construction of any building structure or street work, shall be protected with "see
through" fencing erected around the tree at the dripline distance.
All building material, soil, debris, equipment and machinery shall be kept outside this
barrier of protection.
City Tree Protection Bylaw No. 2001-26
Page 4
No person shall excavate any ditches, tunnels, trenches or drive within the dripline of
any City owned tree without first obtaining a written permit from the Parks Superivsor.
All new developments on City property, which contain trees, are to include an
Arborist's Report tree survey.
9.
PROTECTION OF DESIGNATED HERITAGE/WILDLIFE TREES
To assure the protection and longevity of all City owned Heritage/Wildlife trees in the
best interest of the public and visitors in the City of Penticton.
A list of City owned Heritage trees is recorded in Appendix A and will be updated
annually.
All Municipal owned Heritage/Wildlife trees are considered significant for their Historic
Landmark, Uniqueness, Rarity and/or Wildlife Habitat value.
10. INDEMNITY
Where any work done under this bylaw by any person or persons, other than the
City, its agents or employees, the person or persons doing the work shall
indemnify and save harmless the City and it's agents and employees from any and
all claims, risks, actions and causes of action whatsoever arising from or out of the
work done by such individual.
11. EQUITABLE COMPENSATION
Equitable compensation for the value of a City tree as appraised by the International
Society of Arboriculture's Valuation of Landscape Trees procedures shall be required
by the City if, in the opinion of the Parks Supervisor, a City tree has been irrepairably
damaged or any tree removed without prior authorization. Repairable tree damage
shall be appraised and the reduced tree value/or cost of the repair will be considered
as equitable compensation.
12. COST RECOVERY
a) The Council may require an owner, agent, lessee or occupier to remedy any
condition that contravenes this bylaw in such a manner as the Council may direct
and may impose appropriate fines and costs in case of failure to remedy such
condition.
b) Should the owner, agent, lessee or occupier fail, neglect or refuse to remedy the
condition, the Council may cause any work to be deemed necessary to be done to
remedy it.
c)
The Council may charge the cost of any work done by the City to remedy the
condition to the owner, agent, lessee or occupier and, in default of payment:
i)
recover the cost as a debt due to the municipality; or
City Tree Protection Bylaw No. 2001-26
Page 5
ii)
charge the cost against the land involved as taxes due and owing in respect
of that land as a means of recovering the cost; and
iii)
make any other provisions that the Council considers necessary to recover
the cost of any work done by the City.
13. OFFENCE
a) Every person who violates any provision of this bylaw or who allows any act or
thing to be done or omits to do anything required to be done is guilty of an offence
against this bylaw and is liable to the penalties imposed under this bylaw.
b) Where more than one City tree is cut down, removed or damaged in violation of
this bylaw, each incident shall be deemed to be a separate offence under this
bylaw.
14. PENALTY
Every person who commits an offence against this bylaw is liable to a fine and penalty
not exceeding Two Thousand Dollars ($2,000.00) for each City tree unlawfully cut
down, removed or damaged, in addition to the equitable compensation valuation
method used.
15. RECONSIDERATION
Any person who is subject to a decision by the Parks Supervisor or his/her designate
may apply to Council to reconsider the decision by notifying the City Clerk in writing
and:
a) Such notice shall be delivered in person to the Office of the City Clerk, 171 Main
Street, Penticton, B.C. or by facsimile at (250)490-2402 or sent by registered mail
to 171 Main Street, Penticton, B.C., V2A 5A9;
b) Such notice shall be delivered within thirty (30) days of the decision of the Parks
Supervisor. If sent by registered mail, it shall be deemed to have been delivered
three (3) working days after the date of mailing;
c)
Such notice shall contain the address for delivery of the person applying for
consideration, the particulars of the City tree or trees involved and the reason why
the decision of the Parks Supervisor should be reconsidered;
d) The City Clerk, upon receipt of the notice, shall notify the applicant in writing, in
person, by facsimile or by registered mail, of the date and time the Council will
reconsider the decision of the Parks Supervisor, such notice shall be received by
the City Clerk not less than seven (7) days before the date of the hearing;
e) At the reconsideration hearing, the applicant may address Council and Council
may question the applicant and may require the Parks Supervisor or his/her
City Tree Protection Bylaw No. 2001-26
Page 6
authorized designate to be present to provide information and answer any
questions from the Council or the applicant;
f)
Should the applicant not appear at the reconsideration hearing, the Council may
proceed with the hearing in the absence of the applicant.
16. SEVERABILTY
a) Where any section, subsection, sentence, clause or phrase of this bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction, the
invalid portion shall be severed and the decision that it is invalid shall not affect the
validity of the remainder of this bylaw;
b) Nothing in this bylaw shall be construed or interpreted to necessarily require or
excuse non-compliance with any provisions of any Act or other bylaw;
c)
This bylaw supercedes any other bylaw with the respect to the management of
Municipal trees in the City of Penticton.
READ A FIRST time this 7th day of May, 2001
READ A SECOND time this 7th day of May, 2001
READ A THIRD time this 7th day of May, 2001
RECONSIDERED, FINALLY PASSED and ADOPTED
this 22nd day of May, 2001
Mayor
City Clerk
Certified a true copy of Bylaw
No. 2001-26 as adopted.
City Clerk
City Tree Protection Bylaw No. 2001-26
Page 7
APPENDIX "A"
LIST OF PENTICTON'S HERITAGE/SIGNIFICANT TREES
CITY OWNED TREES IN BOLD
1. Row of Maple Trees along Main Street at Pen-Hi (20 trees)
2. Maple Tree at Martin & Eckhardt, (1906) (1 tree)
3. Argyle/Eckhardt/Woodruff, (1910) (1 tree)
4. Latimer Street (4 trees)
5. Young St. & Orchard Trees (2 London planes-Sutton owner)
6. London Plane Tree at Orchard & Elm (1 tree)
7. Copper Beech @ 1425 McMillan Avenue (1 tree)
8. Fir Trees @ Lakeview Cemetery (25 trees)
9. Haven Hill, (1914), (1 tree)
10. Maples at the Library parking lot and north end, (1909) (2 trees)
11. Trees at the Cleland Home, 152 Upper Bench Road, (1910) (20 trees)
12. Middle Bench Road by Uplands School, (1910) (5 trees)
13. Middle Bench & Johnson Road (1 tree)
14. Derrington-Apples, (1920 - 1930)
15. Maples on Farrell Street (4 trees)
16. Maples on Abbott Street, (1910) (6 trees)
17. Maples on Norton Street, (1910) (5 trees)
18. Cambie Street, (1910) (1 tree)
19. Hospital Grounds? (15 trees)
20. BC Government Building (12 trees)
21. Queens Park School, (1955) (1 tree)
22. Gyro Park, (1920's) (8 trees)
23. Westminster & Power Street Elms (55 trees)
24. Skaha Main Park (Grove of Ponderosa Pines)
25. #77 Van Horne Street (1 fir only)
26. Fairview Cemetery, (1902) (1 tree)
27. Edmonton Avenue (4th lot in from Main Street on south side (1 tree)
28. Robinson Property (several trees - to be determine)
29. Esplanade Area (1 fir)
30. 138 Granby Avenue (Manitoba Maple)
31. 654 Victoria Drive (Butternut), Gordon Kerr
32. 187 Cosser, near Fairview (1 large fir)