By-law 2674-13 to Supervise the Planting and Trimming of Trees
Wawa, Ontario
· adopted 2013-04-16
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THE CORPORATION OF THE
MUNICIPALITY OF WAWA
BY-LAW NO.2674-13
BEING A BY-LAW to supervise the planting and trimming of trees in the
municipality;
WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Section 62 (1), provides that a
municipality may enter upon land lying along any highways to inspect trees and conduct
tests on trees, and remove decayed, damaged or dangerous trees or branches of trees,
if in the opinion of the Municipality, the trees of branches pose a danger to the health
and safety of any person using the highway;
AND WHEREAS Section 62 (2) of the Municipal Act, 2001, provides that an employee
or agent of the municipality may remove a decayed, damaged or dangerous tree or
branch of a tree immediately and without notice to the owner of the lands upon which
the tree is located if, in the opinion of the employer or agent, the tree or branch poses
an immediate danger to the health and safety of any person using the highway;
AND WHEREAS the council of the Corporation of the Municipality of Wawa deems it
desirable to establish a tree trimming by-law for the health and safety of the residents of
Wawa;
NOWTHEREFORE the Council of the Corporation of the Municipality of Wawa enacts
the following as a By-Law:
1. THAT the municipality of Wawa By-Law 774-91 be and is hereby repealed.
2. THAT the word "tree" in this by-law shall mean tree, shrub, bush, vine, or other
plant growing on public or private property.
3. THAT trees or portions of trees, including limbs, branches, roots or any
item or article which may be attached hereto which is located or growing on
By-Law No. 2674-13
private or public property and which is deemed by the Director of Infrastructure
Services or his/her designate, to be encroaching on or hanging over municipal
property, or impedes use of the public assets, or in the opinion of the Director of
Infrastructure Services of his/her designate, is deemed a safety hazard to
anyone using municipal property will be removed by municipal forces, at the sole
discretion and expense of the municipality in order to rectify said
encroachment/hazard for the safety of any person The minimum height allowed
to b encroaching on or hanging over municipal property as curbside is four point
eight (4.8m or 15.8 feet) or three point zero (3m or 10feet) over a municipal
sidewalk.
4. THAT prior to any action being taken as set out in article 2 above, the owner
of the subject tree which is located on private property will be notified of the
hazard and provide seven (7) days to comply with the municipal request to
resolve the safety matter. Failure to comply within seven (7) days will indicate
that the owner is not prepared to take appropriate action and the Director of
Infrastructure Services or his/her designate, will remove or cause to be removed
the portion or portions of the tree which encroaches or creates the hazard
according to Article 2 above.
5. Should the owner of the tree, after being notified by the Municipality of the
problem, wish to appeal the decision of the Director of Infrastructure Services or
his/her designate, the individual may set out their appeal in writing to the council
and no action will be taken by the Municipality on the subject tree until Council
has heard the appeal and rendered a decision.
6. THAT this by-law will not cover requests from property owners to have trees
removed from private property. The intent of this By-Law is to trim the affected
part or parts of a tree deemed to be encroaching on Municipal property or which
is deemed to be a safety hazard to the public using municipal property.
7. THAT the Mayor and Deputy Clerk be and are hereby authorized to sign this By-
Law and to affix the corporate seal thereto.
8. THAT this By-Law is enacted upon the third and final reading hereof.
By-Law No. 2674-13
READ a first, second and third time and be finally passed this 16th, day of April, 2013.
LINDA NOWICKI, MAYOR
CATHY CYR, DEPUTY CLERK