By-law 2002-18 to Prohibit or Regulate the Injuring or Destruction of Trees on Municipal Lands
Huntsville, Ontario
· adopted 2002-02-28
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CORPORATION
OF THE TOWN
OF HUNTSVILLE
BY-LAW NO 2002-18
A by-law to prohibit or regulate the injuring or
destruction
of trees on municipal lands in the
Town of Huntsville
WHEREAS
section
223.2 of the Municipal Act, R.S.
O.
1990, c. M.45, as amended,
authorizes the council of a local municipality with a population
greater than 10,000 to
pass by-laws to prohibit or regulate the injuring or destruction
of trees
AND
WHEREAS
the
Council
of
The
Corporation
of
the
Town
of Huntsville
recognizes the ecological and aesthetic value of trees and is desirous of managing the
injury and destruction of trees;
NOW
THEREFORE
the Council
of the Corporation of the Town of Huntsville
ENACTS AS FOLLOWS:
Definitions:
1.1 "Tree" means
and includes
any
live Deciduous
or Coniferous
tree that has
a
minimum
height
of 2.0
metres ( 6.5 feet) and
a
minimum
diameter
of
45
millimetres (1.7 inches) at a point of one metre above ground level.
1.2 Destroy" means
the
removal, harm, or
ruin
of
trees
by cutting, burning,
uprooting, chemical application
or other means including irreversible injury which
may result from neglect, accident
or design.
1.3 Injure" means to harm, damage, or impair and includes
the injury of trees by
changing grades around trees, compacting soils over root areas, severing roots, the
improper application of chemicals, improper pruning or removal of bark.
Prohibition:
2.1 That it shall be an offence to injure
or destroy any tree
on Municipal
Lands in the
Town of Huntsville
without
written
approval from Manager of Parks
and
the
Director of Physical Services
or their agents. Each live, injured or destroyed
tree
shall be considered
a separate offence.
By-law 2002-18
Municipal Tree Policy By-law
Page 2
Exceptions:
This by-law shall
not interfere
with
any right
or
power of the Provincial,
Federal
or Municipal
governments
or
their
agents, licensed
Ontario
Land
Surveyors, or utilities, to carry out their day-to-
day
operations. However, all
employees and
contractors
shall
exercise
reasonable
care
and diligence and
shall endeavour to preserve and protect trees where possible.
Penalties:
4. ANY person convicted of an offence under this by-law shall be liable to
a fine
of not less than $500.00 and not more than $5,
000. per offence.
Validity:
o
If a court of competent jurisdiction declares
any provision or part of this by-
law to be invalid
or of no force or effect, it is the intention of the Council
in
enacting this by-law that each and every other provision of this authorized by-
law be applied and enforced in accordance
with its terms to the extent possible
according to law.
Effective Date:
6. This By-law shall come into effect immediately
upon third reading of Council.
READ
a first time this 28th day of February A.D.,
2002.
Vl~or '(
Hugh Mac~nzie)
READ
a second
and third time and finally passed this
28th
day of February
A.D.,
2002.
Clerk (Kathleen Gilchrist)
Clerk (Kathleen Gilchrist)