“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.

“City tree” means any tree located on property owned or in the control of the City of Revelstoke.

“Council” means the Municipal Council of the City of Revelstoke.

“Highway” means 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 passageway owned or operated by the City of Revelstoke for the purpose of providing off-street parking or for the use of pedestrian or cycle traffic.

“Parks Department” means the Public Works/Parks Department of the City of Revelstoke.

“Parks Foreman” means the Parks Foreman for the City of Revelstoke and includes his or her authorized designate.

“Person” means a natural person, his heirs, executors, administrators, or assigns, a firm corporation, municipal corporation, society or party, school board, or other government agency.

“Remove” means to cut down, remove, or kill a tree, or a substantial part of a tree by any means.

“Superintendent” means the Superintendent of Public Works/Parks for the City of Revelstoke and includes his or her authorized designate.

“Tree” means a self-supporting woody plant of coniferous or deciduous species.

4. PROHIBITIONS:

a) No person other than an employee or authorized contractor of the Parks Department shall plant or prune, any tree on any property, owned or managed by the City, without first having obtained the written permission of the Parks Foreman.

b) The Parks Foreman shall not permit the planting of any tree on property owned by the City, except in compliance with the City of Revelstoke “Tree Maintenance and Removal Policy”.

c) The selection of City tree types shall be at the discretion of the Parks Foreman.

5. EXEMPTIONS:

The Parks Department may remove, transplant or otherwise dispose of any City tree or authorize the removal, transplantation or disposal, of any City tree if in the opinion of the Parks Foreman, the tree:

a) Constitutes a hazard to life or property or a public nuisance.

b) Is infected by disease or injurious insects.

c) Is planted too close to an abutting tree that it impedes growth of either or both.

d) Interferes with the lines, poles, pipes, sewer lines, traffic control devices or other public utilities.

6. GENERAL PROVISIONS:

a) All City trees shall be deemed to be the property of the City of Revelstoke and the care, custody and control of such trees shall be with the Parks Foreman.

b) The Parks Department shall take care, custody and control of City trees in accordance with the City of Revelstoke “Tree Maintenance and Removal Policy”.

c) No person shall remove, deface, trim, or in any way injure, impair, or interfere with any City tree, except as expressly authorized to do so by the Parks Foreman.

d) No person shall place any building materials or other similar objects against a City tree without first installing a proper guard to prevent injury to the tree.

e) Cutting or trimming trees are permitted, only if carried out by a qualified private tree company, which holds written permission from the Parks Foreman.

f) Any signs erected on or attached to private property, shall be located in a manner which in no way interferes with boulevard trees and will not necessitate pruning or trimming in excess of normal practice.

g) No person shall attach wire, rope, nails, posters, or any such apparatus to any City tree.

h) The Parks Department may remove from any City tree, any wire, rope, nail, poster, or any such apparatus, that may, in the opinion of the Parks Foreman, damage the tree.

i) The Parks Department may replace any City tree that has died or been removed, provided that such replacement in the opinion of the Parks Foreman, is desirable.

7. INDEMNITY:

For any work done under this bylaw by anyone other than the City of Revelstoke, its agents or employees, the individual doing the work shall indemnify and hold harmless the City of Revelstoke, it agents and employees from any and all claims, risks, actions and causes of action, howsoever arising from or out of the work done by such individual.


8. EQUITABLE COMPENSATION:

a) Any person who removes or damages any City tree in violation of this bylaw shall be required to pay the City of Revelstoke equitable compensation as defined in Section 8 b) of this bylaw.

b) Equitable compensation for the value of a City tree, as appraised by a Certified Landscape Architect, Certified Arborist, or an equivalent professional, shall be required by the City, if in the opinion of the Parks Foreman, a City tree has been irreparably damaged or has been removed without prior authorization. Repairable tree damage shall be appraised and the reduced tree value and/or cost of the repair will be considered as equitable compensation.


9. RECONSIDERATION:

Any person who is subject to a decision by the Parks Foreman may apply to the Superintendent to have the decision reconsidered by:

a) Delivering notice of such request to the City of Revelstoke Parks Department, 1200 East Victoria Road, Revelstoke, B.C. V0E 2S0, or by facsimile to (250) 837-2059.

b) Such notice must be delivered within thirty (30) days of the decision of the Superintendent.

c) Such notice must contain the address for delivery of the person applying for reconsideration, the particulars of the tree or trees involved and the reason why the decision of the Parks Foreman should be reconsidered.

10. SEVERABILITY:

a) If any section, sub-section, sub-clause, or phrase of this bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw.

b) Nothing in this bylaw shall be construed or applied to necessarily require or excuse, non-compliance with any provisions of any Act or Bylaw.

11. 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 tree is cut down, removed or damaged, in violation of this bylaw, a separate offence is committed in respect to each tree.

12. 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 or damaged, in addition to the equitable compensation as outlined in Section 8 of this bylaw.


13. EFFECTIVE DATE:

This bylaw comes in full force and effect and is binding on all persons as and from the date of adoption.

READ A FIRST TIME THIS DAY OF 2004

READ A SECOND TIME THIS DAY OF 2004

READ A THIRD TIME THIS DAY OF 2004

ADOPTED THIS DAY OF 2004


______________________________
Director of Corporate Administration

__________________________
Mayor



Certified a true copy this day of , .

 

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