Ord. No. 06-91-1471ORDINANCE NO.6-91-1471
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SCTTi:MIAMI,TLCr.IDA,RELATING TO THE SPACING riSTAKCE
AND PROTECTICN OF TREES IN THE PUT LI C RIGHTS -OF-l.Y.Y AND
PARKS IN THE CITY OF SCUT1!MIAMI,FLORIDA;ESTABLISHING A
TREE COMMITTEE;PROVIDING FOR SIZE ANr SPECIES OF PARK ANT
STREET TREES;PROVIDING FOR SEVERAFILITY;PROVIDING FOF
ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
T/HE REAS,trees provide a setting:with a variety of color
unsurpassed in shade and hue;and
WHEREAS,trees are an invaluable physiological counterpart
to the man-made urban setting;and
WHEREAS,trees absorb a high percentage of carbon dioxide
and return oxygen,a vital ingredient to life:and
WHEREAS,the City of South Miari recognizes that trees on
public property are valuable contributors tothe City's
environment ?and
WHEREAS,theCity Commission oftheCityof South Miami has
deternined thatthe protection oftreeson public property vithin
theCityofSouthMiamiisnotonly desirable,but essential to
the present and future health,safety and welfare ofall
citizens.
NOV',THEREFORE,EEIT ORDAINED EY THE M.AYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.DEFINITIONS
Street trees:"Street trees"are herein defined as trees,
shrubs,bushes and allotherwoodyvegetation or landlying
between property lines on either side ofall streets,avenues or
ways within the City*
Park trees:"Park trees"are herein defined as trees,shrubs,
bushes andallotherwoodyvegetation in public parkshaving
individual namesandallareasownedbytheCityortowhichthe
public hasfree access asa park.
Section 2.CREATION AND ESTABLISHMENT OFA CITY TREE
COMMITTEE
There is hereby created and established a City Tree Conmittee for
the City of South Miar.i which shallconsistof five members,
citizensand residents oftheCity,whoshallbe appointed bythe
Mayorwiththe approval ofthe Commission.
Section 3.TERM CF OFFICE
The term of the five persons to be appointed by the Mayor,with
the consent of the Commission,shall be three years except that
the tern of two of the members appointed to the first Committee
shall be for only one year and the term of two of the members of
the first Committee shall he for two years.In the event that a
vacancy shall occur during the term of any member,his/her
successor shall be appointed for the unexpired portion of that
term.
-'section i..CO'PEESATICt:'
Members of the Conr.ittee shallserve without co*pensa tion
Section 5.DUTIES A»!P EESPOKS IE ILITIES
It shall be the responsibility of the Coiar.ittee to study,v atf,counsel,and develop and/or update annually,and
administer a written plan for the care,preservation,pruning,
nlantirr and replanting rer.oval or disposition of trees anc""Cr r/£lonf streets and in other public areas.SuchpUrwillhepresentedannuallytotheCityCo.,ission and uror
their acceptance and approval,shall constitute the of teacomprehensivetreeplanfortheCityofSouthMia,u,Flor.d..
The Cor,.ittce,when reques tecI by the "ty Co-ri..lon;.b.ll
consider,investigate,ir.ake finding,report -nd recororenanyspecialratterofquestioncor.inr.within the scope of the
work •
The Committee shall act only in an advisory capacity an,!the City
Commission is not bound by their recommendations.
SECTION 6.OPERATION
he Corrittee shall choose its own ChairandVice-Chair and
f its findings.A majority of theregulationsandkeepminutesoK,.oinP«ssMembersshallbeaquorumforthetransactionofbusiness.
Section 7.STREET TREE SPECIES,SPACING,DISTANCE FROM
up.ps and rim-Air?anf distance fpc-strfft gophers and fife
c
TLUCS.
The Tree Committee shall return to tie City Commission their
findings,in this area,as early as possible.
Section S.PUBLIC TREE CARE
The City shall have the right to plant,prune,maintain and
remove trees,plants and shrubs within the lines of all streets,
alleys,avenues,lanes,squares and public grounds as may be
necessary to insure public safety or to preserve or enhance the
symmetry and beauty of such public grounds.
Sect ion TREE TOPPING
It shall be unlawful except as hereinafter provided,for any
person to engage in topping of any Street Tree,Park Tree or
other tree on public property.Topping is defined as the severe
cutting back of limbs to stubs larger than three inches in
diameterwithinthetree'scrowntosuchadegreesoastoremove
the normal canopy and disfigure the tree.Trees severely damaged
by storms or other uses or certain trees under utility wires or
other obstructions where other pruning practices are impractical
may be exempt from this ordinance at the determination of the
CityTree Committee.
Section 10.PRUNING,CORNER CLEARANCE
Every owner of any tree overhanging any street or "?h<;-of""**
T.^nThVcitv shall prune the branches so that such branches^an t ob truct the'light fro.any street laop or obstruct the
view of any street intersection and so that there shall he acearspaceoetghtfeet(8')above the surface of the street
sidewalk Said owners shall remove all dead,diseased or
trees or broken or decayed liT.bs which constitute a
Menace to the safety of the public.The Cit,,.h.l hav th
r-icht to orune any tree or shrub on private property when itinterfereswiththeproperspreadoflightalongthestreet fro.
a street light,or interferes with visibility of any traffic
control device'or sign and the City shall have the nfht co be
reimbursed for all costs incurred.
or
Section 11.DEAD .OP.DISEASED TREE REMOVAL ON PRIVATE
PROPERTY
The City shall havethe right to cause the removal
diseased trees on private property within the City
trees constitute a hazard to life and property,or
or disease which constitute a potential threat:t
within the City.The City will notify,in writing
such trees.Removal shall be done by said owners
expense withi n the sixty ((0 )days after the date
notice.In the event of failure of own ers to comp
provisions,the City shall have the authority to r
trees and charge the cost of removal on the owners
property.
Section 1 REVIEW EY CITY COMMISSION
oi a
when
harb
0 oth
,the
at th
of se
1ywi
crove
of t
ny d
sue
or i
ert
own
eir
rvic
th s
sue
he
ead or
h
nsects
rees
ers of
ow n
e of
uch
The City Commission shall have the right to review the conduct,
acts and decisions of th.e City Tree Committee.Any person may
appeal from any ruling or order of the City Tree Committee to the
City Corri ssion whomay hear the matter and makethe final
decision.
Section 13.PENALTY
Any person violating any provision of this ordinance shall
sub iecttoa fine notto exceed $500.00.
be
Section 14.
If any section,sentence,clause or phrase ofthis ordinance is
held tobe invalid or unconstitutional by any court of competent
jurisdiction,then said holding shall inno way affect the
validity of the remaining portions ofthis ordinance.
Section 15.
All ordinances or parts of ordinances in conflict herewith,be and
the sane are hereby repealed.
Section 1£.
This ordinance shall take effect immediately at the time ofits
passage .
PASSED AND ADOPTED this 5thday of March,1991.
APPROVED:
ATTEST:
ioa
CfEy Clerk
READ AND APPROVED AS TO FORM
City Attorney
//^.L JU^S