The URL can be used to link to this page

97-490�� , �� ° f i Presented By Referred To . Date An ordinance amending Chapter 176 of the Saint Paul Legislative Code to prohibit persons from attaching objects to h by injurious means, and replacing references to the director of community services THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 176 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 176.01. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, haue the meanings indicated in this section: (1) t2) (3) �eeasK �it,��ei�� means the ' .... ......, :-"' ... �, _.: .�. � .., ; :.. ... .. .......:....'.,'��',.:�.�: ser�ic�s �i��zfieiul�ii�':�f:�;�i�s��i�i`��'<pa��s;�'�ea�ccu�. Person means natural persons, firms or parinerships, corporations, joint companies and associations of every kind�°lZ�rt��u�I�e,;�ic�;��. Public place means public streets, lanes, °"�°�, '��'�•°�-�°, parks, parkways, playgrounds, and any other public grounds or place of any description. .:.;.._:. :, .::::.::...:.�.:..:::... ..:.,. . , :..: . ; _. ,.::,.: .. (4) Wiresg��z�ztg�s::p��r��g means electric light, electric power, c�?��.��v�szv�r_ . . ri�zlra��:�r�, �€�,,�ir ��C;i�n�rt �ri��;. telephone, telegraph and guy wires, and all other wires of every description in or suspended over public places as herein defined. (5) .. ... ...:. ...... .. _.:.,.: .. ._. . .. ..... Tree shall include �:��:��:��'��;�� o,,��i File # `�'-[ — �-i9 � ordinance # Green Sheet # � \Z ORDINANCE �INT PAUL, MINNESOTA 3 7 a � , (6) City means the City of Saint Paul. Sec. 1'76.02. �`tiresE�>'r%nari��ii` �t'? - �l`1� The �e,�;�ai��:;^�'-•��, under the direction of the �ef �#��€��t, shall haue charge, direcfion and control of the trees now or hereafter growing, standing or � located on or with3n the public places of the City of Saint Paul, in respect to their planting, caze, protecrion, preservation, removal, h and treatment when diseased. Sec. 17b.03. Damaging trees. .. e� It is unlawful for any person to willfully cut, break, injure, �`�cl��;�g" � `�r� �?�k� .�''s�S. �r �� t#� e� ` remove or destro an tree located, standin or owin -::>:.,.:...:::„:::._ ,..,::<:_:�_.,�::.:...,._..,�,..,� Y Y g � g, or which may hereafter be planted or placed upon any public place of the city. Sec. I76.04. Tying animals. It is unlawful for any person to tie or leave untied any horse or other animal in such manner as to permit said animal to anjure the trees now or hereafter in or upon the public places of the city. Sec. 176.05. Objects. It is unlawful for any person to attach e�ie >_. standine or located unon anv nublic nlace. '..�i to any tree � or to any stake or guard intended for the ss�ian`�`f`�:<�sr��':'��: �'� 8ec. 176.06. Building operations, etc. Every person receiving from the ciTy or from the director of public works of said city, or from any other officer of the city, any permit to use or occupy any part of any public place, as an incident to the construction, removal or repair of buildings, or to the making of sewer, water or gas connections, or to the making of any excavations, ar for the making of any public improvements therein, shall so exercise the privilege granted by said permit as not to injure, damage, deface or destroy any ttee ti�;i� �5r�r�C'��s� within the limits of said public place, and every person receiving such permit to use or occupy the pubiic places of the city far any of the purposes afaresaid, or for any other purpose, shall properly protect and care for all trees to prevent injury thereto by his operation. Sec. 176.07. Damaging trees; penalty. Any person receiving a permit to use or occupy the public places of the city for any purpose whatsoever, or who uses or occupies such places without a permit, who shall willfully or negligently injure, damage or destroy any tree, or fail to adequately protect the trees located within the public places aforesaid from the consequences of such person's use of the ��-�t�o public places or from his operations therein or adjacent thereto, shall be deemed guilty of a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 misdemeanor. Sec. 176.08. Poles and wires. Every person hereafter placing any poles�:��i"�i�z�ui'�s or stringing any wires in, upon or over any public place in the city shall se place and maintain thezi� � s�e that they will not come in contact with, injure or desiroy any tree standing or located, at the time of placing such polesx;�ii�':�sz:;�t�u�s or stringing such wires, upon or within the public places of the city. Sec. 176.09. Removal of poles or wires after notice. In any case where any pole�.:�;;��ti�t or wire shall come into ��c�fi� with or has injured or is injuring any tree within the pubiic places of the city, the person controlling, leasing, operating or maintaining such pole,��if�`:cai�dtti� or wire shall within <..: seventy-two (72) hours after being notified in writing thereof by the ��~�� .� �.� .. � .::..:,,:. �r��i��rit�:c�f; �i�#:c�;i�vi�i�ri::.:��°:1�1��':�ri.:. �,<.>: ��tz�a�-:�zr ......:;..:....... > .:............. :. .. .:........._.......::... :_:.:,,......,..... ... .,..:.. ...........::.:..::_.....: �ts:�gti'�� so remove or readjust or relocate such poleg:�si�y-�t�it�;€ or wire that it will not come in contact with or injure such tree; provided, that where it may be necessary to remove more than one (1) pole3: �5�;�#�i�uif in order to eliminate or avoid contact with or injury to such tree, one (1) additional day shall be ordered for the removal of each �i�iti�ii��pole; :< ::......:..::..:.:....:., ...:.....:-..�::... �#7 �.:.�::£k�'s:_�.'41t{�£T7.:� .,r+,... .i.,, f:_�. ..,.1� rw.,+ :. .,., . H,. ..e e .,. ,. ,.«a�: �+;: „ ,.:a .. .,:t, � .... .,. ,. �.....� ,,,,.,..,o ... .. . ..:::..::.::. ...;-::._:_:„:.:.,:...,_..� ... ...:., :....._...... . _ ... ea��. In case of the removal of any pole;;�iZpe;,�x;;�duat: the �ec-fs� �tj�n�e�sd�st# esr hs� �S�gYi� is hereby authorized to designate a new location �e�e�e• Sec. 176.10. Poles and wires; trees may be trimmed. In any case where any person duly authorized thereto desires to install poles or wires for the first time in any public place, and in any case where any person receives the notice of removal provided for in secrion 176.09, he may at any time, in case of new installation, and within forty-eight (48) hours after service of the notice provided for in section 176.09 in case of removal, report to the �este�-sup�z�zz`f�i�eza`� that it is not reasonably practicable to place or locate its poles or wires without coming�in contact with the tree or trees, or to remove, readjust or relocate them, as the case may be, and that the tree or trees which obstruct the placing of the poles or wires, ar with which existing wires are in contact, may be himmed in such manner as to afford room or passage for the new poles or wires, or so as to avoid contact with or injury from the existing poles and wires, without injuring, mutilating or destroying such tree or trees, and that such person is willing to pay the reasonable cost of triimning such tree or trees. The �-att�°zz�� shall thereupon investigate the situation and determine whether it is reasonably practicable to install such new poles and wires without coming in contact with such tree or trees, or whether it is reasonably practicable to remove, readjust or relocate the existing poles and wires, and also as to whether such tree or trees may be trimmed so as to afford passage for such new poles or wires or so as to auoid 10 11 iz 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 °I `l - y�G contact with or injury from eacistiug poles or wires, without injuring, mutilating or destroying such tree or trees, and if the a��r;�'�'"""""'"'�" ��' _st�n��it shall determiue that it is not reasonably pracficable to locate such new poles and wires without comina in contact with a tree or trees, or to remove, readjust or relocate existing poles or wires, and that the tree or trees in question may be trimmed without injuring, mutilating or destroying them, he shall direct the � £s�e�e�"��':�"""" `.::� to trim such tree or trees to the e�ent necessary to permit the poles ... �..:.:.: :.:�^p.,.>,.,.. ; . . .: and wires to be located in case of new ivstallation, or to eliminate contact with or injury from existing poles or wires, and the person proposing to ivstail the new poles and wires, or owning, leasing or maintaiuiug the e�sring poles and wires, sha11 upon demand pay the reasonable cost of trimmiug such tree or trees to the city, which sum shall be credited to the foreshy esse3s�eaE fund. Sec. 176.11. Removal of poles. If the �ee#e� �p��zd�zit shall detennnie that the tree or h in question cannot ,..: . :: be trimmed so as to afford passage for such new poles or wires, or so as to avoid contact with or injury from existing poles or wires, without injuring, mutilating or destroying such tree or trees, and that it is reasonably practicable to locate the new poles or wires, or to remove, readjust or relocate the e�sting poles and wires, he shall report such fact in writing to the person who has applied for such tree trimming, and thereupon, and within the time specified in section 176.09, such person shall remove, readjust or relocate such poles or wires so as to avoid contact with or injury to such tree or trees. Sec. 176.12. Appeal from tkree€er's �e�'ia��rcr��x�L'� determination. (a) In any case involving the installation of poles ar wires for the first time, or in any case which requires the removal of a pole, the person proposing to install the new poles and wires, the person required to remove existing poles and wires under the notice aforesaid,t�z ,. �.,,.. _.,;.,..::: _•:.; _ : ..: . . . .. .............. .. <... �t? :;: .:.,�x,�_t7v��r;;is,��;'�t£g`#�i` :�':;':3�%i�i�; :u�s�i�€-Ei�::, <T may, within fo -ei ht ��...:.. ...� ...�� .:.....:.,�..., <._��. � g (4&) hours after receivtng the report or notice of the �ee�e�-��e�eni�e� referred to in section 176.11, appeal to the council from the determination of said a�-��Ra��a��3#�s�f by filing a notice of appeal with the d'uector and with the city clerk, specifying the objections to the determination of said �eete� s�?`��i�it�ia[i��i�t. The city clerk shall, at the nea�t regular meeting �?f�:t��;�i�.`�r�ti�i� after the service of said notice of appeal, present same to the council for consideration. (b) The council shall thereupon hear such person, and the �eeter-s?��ziz�t�ijd� and other persons interested, either directly or through a committee thereof' ��f the council sha11 u hold the determination of said �a ` '"' `"` " ,:;> :.:..::: ....... . ,. ;><.;.. p ,up�z#�tz��n�� the person r�spya�s��Ie`;�esi e��ts� 1�C� �.� ��€� 1��°'t� �e�� owning, leasing or maintaining such pole shall, wifhin the tune �specified in section 176.��??�-�, after notice in writing of the action of the council, remove such pole and relocate it at the place designated by the �ec� Sec. 176.13. Offenses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 Each day that the violation of any of the provisions of this chapter shall occur or continue shall constitute a sepazate offense. ��—�q � Sec. 176.14. Wires underground. This chapter shall not be consirued as vesting any authority in the ��eEte� ��€��# to order any wire placed underground, such authority being reserved to the ��;council. Section 2 This ordinance shall take effect and be in force fliirty (30) days following its passage, approval and publication. Pf1RlISU�n JUN 141997 Requested by Department of: � B - Form Approved by Ci[y Attorney � � � sY" `�/✓.��".�.� f t �rue� — — — — — — By Ap� By Adopted by Council: Date Adoption Certified by Council Se tary `�t`� -Lly� �n�i �c�e�� — � vvvc_v �EPAfliMENTAFFICECOUNCIL DATE INITIATED PARKS AND RECREATION 4/8/97 GREEN SHEE CONTACT PER.$ON & PHONE INRIAV�ATE INIT7AL/DATE � DEPARlMEM DIREC(OR � CIT' CAUNCR RobeCt Piram 266-6400 ns�cn ��,rro�+EV �cmc�rm NUYBERFON MUST BE ON OOUNCVL AGENOA BY (DATE) ROUfING O BUDGES DiRECSOR Q FIN, ffi MGT. SERVICES DIA. ONDEN � MAYOit (OH ASSiSTNdTJ �] n_�,. a R rl2 S2C TOTAL # OF SIGNATURE PAGES (CIIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTFD: Approvai of ordinance amending Chapter 176 of the St. Paul Legislative Code to prohibit persons from attaching objects to trees. RECOMMENDA770NS: Approva (A) w Reiect (R) pEqSONAL SEHVICE CONTpACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNMG COMMISSI(1}d _ CfV1L SERVICE COMMISSION 1. Has this personfficm ever worked under a contract for Mis department? _ C�B cOMM1TSEe _ YES NO _ STA� 2. Has this person/firtn ever been a ciry employee? — YES NO _ DISTRICf COURF __ 3. DOes this efSO�rm p possess a skill not nOrmally possessed by any current ciry employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet end attach to green sM1aet INRIATMG PROBLEM, ISSUE, QPPOR'R1NIN (Who, Whet, When, Whare. Why). Current ordinance does not allow persons to attach objects of any type to trees for any reason. Ammended ordinance will. ADVANTACaES IF APPqOVED. Ordinance will be updated to allow Forestry Manager to grant permission to persons who wish to attach objects to City trees (such as lights in trees located in downtown parks). ��c�� R�C�� DfSADVANSAGE$ IF APPROVED' None , APR 15 199Z �pR l i 199? � -_. ;�� tf f -> t 16.1�� .i�af�w .-.. .: x : i;;vl DISADVANTAGES IF NOTAPPROVED' Ordinance will not be updated to aliow forestry manager to grant permission to persons who wish to attach object to city trees (such as lights in trees located in downtown parks). TOTAL AMOUNT OF 7pANSACTION $ � COS7/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIAL INFpRhSAT10N (EXPLAIN) �� , �� ° f i Presented By Referred To . Date An ordinance amending Chapter 176 of the Saint Paul Legislative Code to prohibit persons from attaching objects to h by injurious means, and replacing references to the director of community services THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 176 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 176.01. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, haue the meanings indicated in this section: (1) t2) (3) �eeasK �it,��ei�� means the ' .... ......, :-"' ... �, _.: .�. � .., ; :.. ... .. .......:....'.,'��',.:�.�: ser�ic�s �i��zfieiul�ii�':�f:�;�i�s��i�i`��'<pa��s;�'�ea�ccu�. Person means natural persons, firms or parinerships, corporations, joint companies and associations of every kind�°lZ�rt��u�I�e,;�ic�;��. Public place means public streets, lanes, °"�°�, '��'�•°�-�°, parks, parkways, playgrounds, and any other public grounds or place of any description. .:.;.._:. :, .::::.::...:.�.:..:::... ..:.,. . , :..: . ; _. ,.::,.: .. (4) Wiresg��z�ztg�s::p��r��g means electric light, electric power, c�?��.��v�szv�r_ . . ri�zlra��:�r�, �€�,,�ir ��C;i�n�rt �ri��;. telephone, telegraph and guy wires, and all other wires of every description in or suspended over public places as herein defined. (5) .. ... ...:. ...... .. _.:.,.: .. ._. . .. ..... Tree shall include �:��:��:��'��;�� o,,��i File # `�'-[ — �-i9 � ordinance # Green Sheet # � \Z ORDINANCE �INT PAUL, MINNESOTA 3 7 a � , (6) City means the City of Saint Paul. Sec. 1'76.02. �`tiresE�>'r%nari��ii` �t'? - �l`1� The �e,�;�ai��:;^�'-•��, under the direction of the �ef �#��€��t, shall haue charge, direcfion and control of the trees now or hereafter growing, standing or � located on or with3n the public places of the City of Saint Paul, in respect to their planting, caze, protecrion, preservation, removal, h and treatment when diseased. Sec. 17b.03. Damaging trees. .. e� It is unlawful for any person to willfully cut, break, injure, �`�cl��;�g" � `�r� �?�k� .�''s�S. �r �� t#� e� ` remove or destro an tree located, standin or owin -::>:.,.:...:::„:::._ ,..,::<:_:�_.,�::.:...,._..,�,..,� Y Y g � g, or which may hereafter be planted or placed upon any public place of the city. Sec. I76.04. Tying animals. It is unlawful for any person to tie or leave untied any horse or other animal in such manner as to permit said animal to anjure the trees now or hereafter in or upon the public places of the city. Sec. 176.05. Objects. It is unlawful for any person to attach e�ie >_. standine or located unon anv nublic nlace. '..�i to any tree � or to any stake or guard intended for the ss�ian`�`f`�:<�sr��':'��: �'� 8ec. 176.06. Building operations, etc. Every person receiving from the ciTy or from the director of public works of said city, or from any other officer of the city, any permit to use or occupy any part of any public place, as an incident to the construction, removal or repair of buildings, or to the making of sewer, water or gas connections, or to the making of any excavations, ar for the making of any public improvements therein, shall so exercise the privilege granted by said permit as not to injure, damage, deface or destroy any ttee ti�;i� �5r�r�C'��s� within the limits of said public place, and every person receiving such permit to use or occupy the pubiic places of the city far any of the purposes afaresaid, or for any other purpose, shall properly protect and care for all trees to prevent injury thereto by his operation. Sec. 176.07. Damaging trees; penalty. Any person receiving a permit to use or occupy the public places of the city for any purpose whatsoever, or who uses or occupies such places without a permit, who shall willfully or negligently injure, damage or destroy any tree, or fail to adequately protect the trees located within the public places aforesaid from the consequences of such person's use of the ��-�t�o public places or from his operations therein or adjacent thereto, shall be deemed guilty of a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 misdemeanor. Sec. 176.08. Poles and wires. Every person hereafter placing any poles�:��i"�i�z�ui'�s or stringing any wires in, upon or over any public place in the city shall se place and maintain thezi� � s�e that they will not come in contact with, injure or desiroy any tree standing or located, at the time of placing such polesx;�ii�':�sz:;�t�u�s or stringing such wires, upon or within the public places of the city. Sec. 176.09. Removal of poles or wires after notice. In any case where any pole�.:�;;��ti�t or wire shall come into ��c�fi� with or has injured or is injuring any tree within the pubiic places of the city, the person controlling, leasing, operating or maintaining such pole,��if�`:cai�dtti� or wire shall within <..: seventy-two (72) hours after being notified in writing thereof by the ��~�� .� �.� .. � .::..:,,:. �r��i��rit�:c�f; �i�#:c�;i�vi�i�ri::.:��°:1�1��':�ri.:. �,<.>: ��tz�a�-:�zr ......:;..:....... > .:............. :. .. .:........._.......::... :_:.:,,......,..... ... .,..:.. ...........::.:..::_.....: �ts:�gti'�� so remove or readjust or relocate such poleg:�si�y-�t�it�;€ or wire that it will not come in contact with or injure such tree; provided, that where it may be necessary to remove more than one (1) pole3: �5�;�#�i�uif in order to eliminate or avoid contact with or injury to such tree, one (1) additional day shall be ordered for the removal of each �i�iti�ii��pole; :< ::......:..::..:.:....:., ...:.....:-..�::... �#7 �.:.�::£k�'s:_�.'41t{�£T7.:� .,r+,... .i.,, f:_�. ..,.1� rw.,+ :. .,., . H,. ..e e .,. ,. ,.«a�: �+;: „ ,.:a .. .,:t, � .... .,. ,. �.....� ,,,,.,..,o ... .. . ..:::..::.::. ...;-::._:_:„:.:.,:...,_..� ... ...:., :....._...... . _ ... ea��. In case of the removal of any pole;;�iZpe;,�x;;�duat: the �ec-fs� �tj�n�e�sd�st# esr hs� �S�gYi� is hereby authorized to designate a new location �e�e�e• Sec. 176.10. Poles and wires; trees may be trimmed. In any case where any person duly authorized thereto desires to install poles or wires for the first time in any public place, and in any case where any person receives the notice of removal provided for in secrion 176.09, he may at any time, in case of new installation, and within forty-eight (48) hours after service of the notice provided for in section 176.09 in case of removal, report to the �este�-sup�z�zz`f�i�eza`� that it is not reasonably practicable to place or locate its poles or wires without coming�in contact with the tree or trees, or to remove, readjust or relocate them, as the case may be, and that the tree or trees which obstruct the placing of the poles or wires, ar with which existing wires are in contact, may be himmed in such manner as to afford room or passage for the new poles or wires, or so as to avoid contact with or injury from the existing poles and wires, without injuring, mutilating or destroying such tree or trees, and that such person is willing to pay the reasonable cost of triimning such tree or trees. The �-att�°zz�� shall thereupon investigate the situation and determine whether it is reasonably practicable to install such new poles and wires without coming in contact with such tree or trees, or whether it is reasonably practicable to remove, readjust or relocate the existing poles and wires, and also as to whether such tree or trees may be trimmed so as to afford passage for such new poles or wires or so as to auoid 10 11 iz 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 °I `l - y�G contact with or injury from eacistiug poles or wires, without injuring, mutilating or destroying such tree or trees, and if the a��r;�'�'"""""'"'�" ��' _st�n��it shall determiue that it is not reasonably pracficable to locate such new poles and wires without comina in contact with a tree or trees, or to remove, readjust or relocate existing poles or wires, and that the tree or trees in question may be trimmed without injuring, mutilating or destroying them, he shall direct the � £s�e�e�"��':�"""" `.::� to trim such tree or trees to the e�ent necessary to permit the poles ... �..:.:.: :.:�^p.,.>,.,.. ; . . .: and wires to be located in case of new ivstallation, or to eliminate contact with or injury from existing poles or wires, and the person proposing to ivstail the new poles and wires, or owning, leasing or maintaiuiug the e�sring poles and wires, sha11 upon demand pay the reasonable cost of trimmiug such tree or trees to the city, which sum shall be credited to the foreshy esse3s�eaE fund. Sec. 176.11. Removal of poles. If the �ee#e� �p��zd�zit shall detennnie that the tree or h in question cannot ,..: . :: be trimmed so as to afford passage for such new poles or wires, or so as to avoid contact with or injury from existing poles or wires, without injuring, mutilating or destroying such tree or trees, and that it is reasonably practicable to locate the new poles or wires, or to remove, readjust or relocate the e�sting poles and wires, he shall report such fact in writing to the person who has applied for such tree trimming, and thereupon, and within the time specified in section 176.09, such person shall remove, readjust or relocate such poles or wires so as to avoid contact with or injury to such tree or trees. Sec. 176.12. Appeal from tkree€er's �e�'ia��rcr��x�L'� determination. (a) In any case involving the installation of poles ar wires for the first time, or in any case which requires the removal of a pole, the person proposing to install the new poles and wires, the person required to remove existing poles and wires under the notice aforesaid,t�z ,. �.,,.. _.,;.,..::: _•:.; _ : ..: . . . .. .............. .. <... �t? :;: .:.,�x,�_t7v��r;;is,��;'�t£g`#�i` :�':;':3�%i�i�; :u�s�i�€-Ei�::, <T may, within fo -ei ht ��...:.. ...� ...�� .:.....:.,�..., <._��. � g (4&) hours after receivtng the report or notice of the �ee�e�-��e�eni�e� referred to in section 176.11, appeal to the council from the determination of said a�-��Ra��a��3#�s�f by filing a notice of appeal with the d'uector and with the city clerk, specifying the objections to the determination of said �eete� s�?`��i�it�ia[i��i�t. The city clerk shall, at the nea�t regular meeting �?f�:t��;�i�.`�r�ti�i� after the service of said notice of appeal, present same to the council for consideration. (b) The council shall thereupon hear such person, and the �eeter-s?��ziz�t�ijd� and other persons interested, either directly or through a committee thereof' ��f the council sha11 u hold the determination of said �a ` '"' `"` " ,:;> :.:..::: ....... . ,. ;><.;.. p ,up�z#�tz��n�� the person r�spya�s��Ie`;�esi e��ts� 1�C� �.� ��€� 1��°'t� �e�� owning, leasing or maintaining such pole shall, wifhin the tune �specified in section 176.��??�-�, after notice in writing of the action of the council, remove such pole and relocate it at the place designated by the �ec� Sec. 176.13. Offenses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 Each day that the violation of any of the provisions of this chapter shall occur or continue shall constitute a sepazate offense. ��—�q � Sec. 176.14. Wires underground. This chapter shall not be consirued as vesting any authority in the ��eEte� ��€��# to order any wire placed underground, such authority being reserved to the ��;council. Section 2 This ordinance shall take effect and be in force fliirty (30) days following its passage, approval and publication. Pf1RlISU�n JUN 141997 Requested by Department of: � B - Form Approved by Ci[y Attorney � � � sY" `�/✓.��".�.� f t �rue� — — — — — — By Ap� By Adopted by Council: Date Adoption Certified by Council Se tary `�t`� -Lly� �n�i �c�e�� — � vvvc_v �EPAfliMENTAFFICECOUNCIL DATE INITIATED PARKS AND RECREATION 4/8/97 GREEN SHEE CONTACT PER.$ON & PHONE INRIAV�ATE INIT7AL/DATE � DEPARlMEM DIREC(OR � CIT' CAUNCR RobeCt Piram 266-6400 ns�cn ��,rro�+EV �cmc�rm NUYBERFON MUST BE ON OOUNCVL AGENOA BY (DATE) ROUfING O BUDGES DiRECSOR Q FIN, ffi MGT. SERVICES DIA. ONDEN � MAYOit (OH ASSiSTNdTJ �] n_�,. a R rl2 S2C TOTAL # OF SIGNATURE PAGES (CIIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTFD: Approvai of ordinance amending Chapter 176 of the St. Paul Legislative Code to prohibit persons from attaching objects to trees. RECOMMENDA770NS: Approva (A) w Reiect (R) pEqSONAL SEHVICE CONTpACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNMG COMMISSI(1}d _ CfV1L SERVICE COMMISSION 1. Has this personfficm ever worked under a contract for Mis department? _ C�B cOMM1TSEe _ YES NO _ STA� 2. Has this person/firtn ever been a ciry employee? — YES NO _ DISTRICf COURF __ 3. DOes this efSO�rm p possess a skill not nOrmally possessed by any current ciry employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet end attach to green sM1aet INRIATMG PROBLEM, ISSUE, QPPOR'R1NIN (Who, Whet, When, Whare. Why). Current ordinance does not allow persons to attach objects of any type to trees for any reason. Ammended ordinance will. ADVANTACaES IF APPqOVED. Ordinance will be updated to allow Forestry Manager to grant permission to persons who wish to attach objects to City trees (such as lights in trees located in downtown parks). ��c�� R�C�� DfSADVANSAGE$ IF APPROVED' None , APR 15 199Z �pR l i 199? � -_. ;�� tf f -> t 16.1�� .i�af�w .-.. .: x : i;;vl DISADVANTAGES IF NOTAPPROVED' Ordinance will not be updated to aliow forestry manager to grant permission to persons who wish to attach object to city trees (such as lights in trees located in downtown parks). TOTAL AMOUNT OF 7pANSACTION $ � COS7/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIAL INFpRhSAT10N (EXPLAIN) �� , �� ° f i Presented By Referred To . Date An ordinance amending Chapter 176 of the Saint Paul Legislative Code to prohibit persons from attaching objects to h by injurious means, and replacing references to the director of community services THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 176 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 176.01. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, haue the meanings indicated in this section: (1) t2) (3) �eeasK �it,��ei�� means the ' .... ......, :-"' ... �, _.: .�. � .., ; :.. ... .. .......:....'.,'��',.:�.�: ser�ic�s �i��zfieiul�ii�':�f:�;�i�s��i�i`��'<pa��s;�'�ea�ccu�. Person means natural persons, firms or parinerships, corporations, joint companies and associations of every kind�°lZ�rt��u�I�e,;�ic�;��. Public place means public streets, lanes, °"�°�, '��'�•°�-�°, parks, parkways, playgrounds, and any other public grounds or place of any description. .:.;.._:. :, .::::.::...:.�.:..:::... ..:.,. . , :..: . ; _. ,.::,.: .. (4) Wiresg��z�ztg�s::p��r��g means electric light, electric power, c�?��.��v�szv�r_ . . ri�zlra��:�r�, �€�,,�ir ��C;i�n�rt �ri��;. telephone, telegraph and guy wires, and all other wires of every description in or suspended over public places as herein defined. (5) .. ... ...:. ...... .. _.:.,.: .. ._. . .. ..... Tree shall include �:��:��:��'��;�� o,,��i File # `�'-[ — �-i9 � ordinance # Green Sheet # � \Z ORDINANCE �INT PAUL, MINNESOTA 3 7 a � , (6) City means the City of Saint Paul. Sec. 1'76.02. �`tiresE�>'r%nari��ii` �t'? - �l`1� The �e,�;�ai��:;^�'-•��, under the direction of the �ef �#��€��t, shall haue charge, direcfion and control of the trees now or hereafter growing, standing or � located on or with3n the public places of the City of Saint Paul, in respect to their planting, caze, protecrion, preservation, removal, h and treatment when diseased. Sec. 17b.03. Damaging trees. .. e� It is unlawful for any person to willfully cut, break, injure, �`�cl��;�g" � `�r� �?�k� .�''s�S. �r �� t#� e� ` remove or destro an tree located, standin or owin -::>:.,.:...:::„:::._ ,..,::<:_:�_.,�::.:...,._..,�,..,� Y Y g � g, or which may hereafter be planted or placed upon any public place of the city. Sec. I76.04. Tying animals. It is unlawful for any person to tie or leave untied any horse or other animal in such manner as to permit said animal to anjure the trees now or hereafter in or upon the public places of the city. Sec. 176.05. Objects. It is unlawful for any person to attach e�ie >_. standine or located unon anv nublic nlace. '..�i to any tree � or to any stake or guard intended for the ss�ian`�`f`�:<�sr��':'��: �'� 8ec. 176.06. Building operations, etc. Every person receiving from the ciTy or from the director of public works of said city, or from any other officer of the city, any permit to use or occupy any part of any public place, as an incident to the construction, removal or repair of buildings, or to the making of sewer, water or gas connections, or to the making of any excavations, ar for the making of any public improvements therein, shall so exercise the privilege granted by said permit as not to injure, damage, deface or destroy any ttee ti�;i� �5r�r�C'��s� within the limits of said public place, and every person receiving such permit to use or occupy the pubiic places of the city far any of the purposes afaresaid, or for any other purpose, shall properly protect and care for all trees to prevent injury thereto by his operation. Sec. 176.07. Damaging trees; penalty. Any person receiving a permit to use or occupy the public places of the city for any purpose whatsoever, or who uses or occupies such places without a permit, who shall willfully or negligently injure, damage or destroy any tree, or fail to adequately protect the trees located within the public places aforesaid from the consequences of such person's use of the ��-�t�o public places or from his operations therein or adjacent thereto, shall be deemed guilty of a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 misdemeanor. Sec. 176.08. Poles and wires. Every person hereafter placing any poles�:��i"�i�z�ui'�s or stringing any wires in, upon or over any public place in the city shall se place and maintain thezi� � s�e that they will not come in contact with, injure or desiroy any tree standing or located, at the time of placing such polesx;�ii�':�sz:;�t�u�s or stringing such wires, upon or within the public places of the city. Sec. 176.09. Removal of poles or wires after notice. In any case where any pole�.:�;;��ti�t or wire shall come into ��c�fi� with or has injured or is injuring any tree within the pubiic places of the city, the person controlling, leasing, operating or maintaining such pole,��if�`:cai�dtti� or wire shall within <..: seventy-two (72) hours after being notified in writing thereof by the ��~�� .� �.� .. � .::..:,,:. �r��i��rit�:c�f; �i�#:c�;i�vi�i�ri::.:��°:1�1��':�ri.:. �,<.>: ��tz�a�-:�zr ......:;..:....... > .:............. :. .. .:........._.......::... :_:.:,,......,..... ... .,..:.. ...........::.:..::_.....: �ts:�gti'�� so remove or readjust or relocate such poleg:�si�y-�t�it�;€ or wire that it will not come in contact with or injure such tree; provided, that where it may be necessary to remove more than one (1) pole3: �5�;�#�i�uif in order to eliminate or avoid contact with or injury to such tree, one (1) additional day shall be ordered for the removal of each �i�iti�ii��pole; :< ::......:..::..:.:....:., ...:.....:-..�::... �#7 �.:.�::£k�'s:_�.'41t{�£T7.:� .,r+,... .i.,, f:_�. ..,.1� rw.,+ :. .,., . H,. ..e e .,. ,. ,.«a�: �+;: „ ,.:a .. .,:t, � .... .,. ,. �.....� ,,,,.,..,o ... .. . ..:::..::.::. ...;-::._:_:„:.:.,:...,_..� ... ...:., :....._...... . _ ... ea��. In case of the removal of any pole;;�iZpe;,�x;;�duat: the �ec-fs� �tj�n�e�sd�st# esr hs� �S�gYi� is hereby authorized to designate a new location �e�e�e• Sec. 176.10. Poles and wires; trees may be trimmed. In any case where any person duly authorized thereto desires to install poles or wires for the first time in any public place, and in any case where any person receives the notice of removal provided for in secrion 176.09, he may at any time, in case of new installation, and within forty-eight (48) hours after service of the notice provided for in section 176.09 in case of removal, report to the �este�-sup�z�zz`f�i�eza`� that it is not reasonably practicable to place or locate its poles or wires without coming�in contact with the tree or trees, or to remove, readjust or relocate them, as the case may be, and that the tree or trees which obstruct the placing of the poles or wires, ar with which existing wires are in contact, may be himmed in such manner as to afford room or passage for the new poles or wires, or so as to avoid contact with or injury from the existing poles and wires, without injuring, mutilating or destroying such tree or trees, and that such person is willing to pay the reasonable cost of triimning such tree or trees. The �-att�°zz�� shall thereupon investigate the situation and determine whether it is reasonably practicable to install such new poles and wires without coming in contact with such tree or trees, or whether it is reasonably practicable to remove, readjust or relocate the existing poles and wires, and also as to whether such tree or trees may be trimmed so as to afford passage for such new poles or wires or so as to auoid 10 11 iz 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 °I `l - y�G contact with or injury from eacistiug poles or wires, without injuring, mutilating or destroying such tree or trees, and if the a��r;�'�'"""""'"'�" ��' _st�n��it shall determiue that it is not reasonably pracficable to locate such new poles and wires without comina in contact with a tree or trees, or to remove, readjust or relocate existing poles or wires, and that the tree or trees in question may be trimmed without injuring, mutilating or destroying them, he shall direct the � £s�e�e�"��':�"""" `.::� to trim such tree or trees to the e�ent necessary to permit the poles ... �..:.:.: :.:�^p.,.>,.,.. ; . . .: and wires to be located in case of new ivstallation, or to eliminate contact with or injury from existing poles or wires, and the person proposing to ivstail the new poles and wires, or owning, leasing or maintaiuiug the e�sring poles and wires, sha11 upon demand pay the reasonable cost of trimmiug such tree or trees to the city, which sum shall be credited to the foreshy esse3s�eaE fund. Sec. 176.11. Removal of poles. If the �ee#e� �p��zd�zit shall detennnie that the tree or h in question cannot ,..: . :: be trimmed so as to afford passage for such new poles or wires, or so as to avoid contact with or injury from existing poles or wires, without injuring, mutilating or destroying such tree or trees, and that it is reasonably practicable to locate the new poles or wires, or to remove, readjust or relocate the e�sting poles and wires, he shall report such fact in writing to the person who has applied for such tree trimming, and thereupon, and within the time specified in section 176.09, such person shall remove, readjust or relocate such poles or wires so as to avoid contact with or injury to such tree or trees. Sec. 176.12. Appeal from tkree€er's �e�'ia��rcr��x�L'� determination. (a) In any case involving the installation of poles ar wires for the first time, or in any case which requires the removal of a pole, the person proposing to install the new poles and wires, the person required to remove existing poles and wires under the notice aforesaid,t�z ,. �.,,.. _.,;.,..::: _•:.; _ : ..: . . . .. .............. .. <... �t? :;: .:.,�x,�_t7v��r;;is,��;'�t£g`#�i` :�':;':3�%i�i�; :u�s�i�€-Ei�::, <T may, within fo -ei ht ��...:.. ...� ...�� .:.....:.,�..., <._��. � g (4&) hours after receivtng the report or notice of the �ee�e�-��e�eni�e� referred to in section 176.11, appeal to the council from the determination of said a�-��Ra��a��3#�s�f by filing a notice of appeal with the d'uector and with the city clerk, specifying the objections to the determination of said �eete� s�?`��i�it�ia[i��i�t. The city clerk shall, at the nea�t regular meeting �?f�:t��;�i�.`�r�ti�i� after the service of said notice of appeal, present same to the council for consideration. (b) The council shall thereupon hear such person, and the �eeter-s?��ziz�t�ijd� and other persons interested, either directly or through a committee thereof' ��f the council sha11 u hold the determination of said �a ` '"' `"` " ,:;> :.:..::: ....... . ,. ;><.;.. p ,up�z#�tz��n�� the person r�spya�s��Ie`;�esi e��ts� 1�C� �.� ��€� 1��°'t� �e�� owning, leasing or maintaining such pole shall, wifhin the tune �specified in section 176.��??�-�, after notice in writing of the action of the council, remove such pole and relocate it at the place designated by the �ec� Sec. 176.13. Offenses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 Each day that the violation of any of the provisions of this chapter shall occur or continue shall constitute a sepazate offense. ��—�q � Sec. 176.14. Wires underground. This chapter shall not be consirued as vesting any authority in the ��eEte� ��€��# to order any wire placed underground, such authority being reserved to the ��;council. Section 2 This ordinance shall take effect and be in force fliirty (30) days following its passage, approval and publication. Pf1RlISU�n JUN 141997 Requested by Department of: � B - Form Approved by Ci[y Attorney � � � sY" `�/✓.��".�.� f t �rue� — — — — — — By Ap� By Adopted by Council: Date Adoption Certified by Council Se tary `�t`� -Lly� �n�i �c�e�� — � vvvc_v �EPAfliMENTAFFICECOUNCIL DATE INITIATED PARKS AND RECREATION 4/8/97 GREEN SHEE CONTACT PER.$ON & PHONE INRIAV�ATE INIT7AL/DATE � DEPARlMEM DIREC(OR � CIT' CAUNCR RobeCt Piram 266-6400 ns�cn ��,rro�+EV �cmc�rm NUYBERFON MUST BE ON OOUNCVL AGENOA BY (DATE) ROUfING O BUDGES DiRECSOR Q FIN, ffi MGT. SERVICES DIA. ONDEN � MAYOit (OH ASSiSTNdTJ �] n_�,. a R rl2 S2C TOTAL # OF SIGNATURE PAGES (CIIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTFD: Approvai of ordinance amending Chapter 176 of the St. Paul Legislative Code to prohibit persons from attaching objects to trees. RECOMMENDA770NS: Approva (A) w Reiect (R) pEqSONAL SEHVICE CONTpACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNMG COMMISSI(1}d _ CfV1L SERVICE COMMISSION 1. Has this personfficm ever worked under a contract for Mis department? _ C�B cOMM1TSEe _ YES NO _ STA� 2. Has this person/firtn ever been a ciry employee? — YES NO _ DISTRICf COURF __ 3. DOes this efSO�rm p possess a skill not nOrmally possessed by any current ciry employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet end attach to green sM1aet INRIATMG PROBLEM, ISSUE, QPPOR'R1NIN (Who, Whet, When, Whare. Why). Current ordinance does not allow persons to attach objects of any type to trees for any reason. Ammended ordinance will. ADVANTACaES IF APPqOVED. Ordinance will be updated to allow Forestry Manager to grant permission to persons who wish to attach objects to City trees (such as lights in trees located in downtown parks). ��c�� R�C�� DfSADVANSAGE$ IF APPROVED' None , APR 15 199Z �pR l i 199? � -_. ;�� tf f -> t 16.1�� .i�af�w .-.. .: x : i;;vl DISADVANTAGES IF NOTAPPROVED' Ordinance will not be updated to aliow forestry manager to grant permission to persons who wish to attach object to city trees (such as lights in trees located in downtown parks). TOTAL AMOUNT OF 7pANSACTION $ � COS7/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIAL INFpRhSAT10N (EXPLAIN)