Baltimore City Council
File #: 11-0780    Version: 0 Name: Natural Resources - Notice Required Before Removal of Trees on City Streets
Type: Ordinance Status: Enacted
File created: 9/19/2011 In control: City Council
On agenda: Final action: 11/17/2011
Enactment #: 11-524
Title: Natural Resources - Notice Required Before Removal of Trees on City Streets FOR the purpose of clarifying that no person or City agency may remove a tree from a City street without providing notice; clarifying and conforming related provisions; and generally related to the removal of trees from City streets.
Sponsors: Mary Pat Clarke, William H. Cole, IV, Nicholas C. D'Adamo, Sharon Green Middleton, Bill Henry, Carl Stokes, Helen L. Holton, Belinda Conaway, William "Pete" Welch, Robert Curran, Edward Reisinger, President Young
Indexes: City Streets, Natural Resources, Trees
Attachments: 1. 11-0780 - 1st Reader.pdf, 2. Law - 11-0780.pdf, 3. Sustainability - 11-0780.pdf, 4. DPW - 11-0780.pdf, 5. Recreation & Parks - 11-0780.pdf, 6. 11-0780 - 3rd Reader.pdf
EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
 
      * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
      THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
      INTRODUCTORY*
 
      CITY OF BALTIMORE
      COUNCIL BILL           
                                                                                                                                                            
Introduced by: Councilmember Clarke
                                                                                                                                                            
 
      A BILL ENTITLED
 
AN ORDINANCE concerning
title
Natural Resources - Notice Required Before Removal of Trees on City Streets
 
FOR the purpose of clarifying that no person or City agency may remove a tree from a City street without providing notice; clarifying and conforming related provisions; and generally related to the removal of trees from City streets.
body
 
BY repealing and reordaining, with amendment
  Article 7 - Natural resources
  Section(s) 53-5
  Baltimore City Code
   (Edition 2000)
 
  SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
 
      Baltimore City Code
 
      Article 7.  Natural Resources
 
      Subtitle 53.  Trees along City Streets, etc.
 
§ 535.  Public notice of tree removal.
 
(a)  Notice required.
 
[The Department of Recreation and Parks and the Department of Public Works shall] UNLESS NOTICE IS GIVEN AS REQUIRED BY THIS SECTION, NO CITY AGENCY MAY:
 
(1) [not] remove or destroy a tree along one of the streets, lanes, alleys, or other
public ways in this City; or
 
 
(2)      PERMIT ANY PERSON TO REMOVE OR DESTROY A TREE ALONG ONE OF THE STREETS, LANES, ALLEYS, OR OTHER PUBLIC WAYS IN THIS CITY[, unless notice of the intended removal or destruction is given].
 
  (b)  Form and content.
 
The notice REQUIRED BY § 53-5(A):
 
(1)      [shall] MUST consist of a durable and legible statement of the [Department's] AGENCY'S intent, affixed to and easily visible on the tree for not less than 5 days immediately preceding the contemplated removal or destruction; and
 
(2)      [shall] MUST state:
 
(i)      the reason for the intended removal or destruction of the tree; and
 
(ii)      the person or persons to whom inquiries or protests thereon may be directed.
 
  (c)  Exception for emergency.
 
(1)      In the event of an emergency situation, such as a fallen tree or some other condition or occurrence requiring an immediate removal or destruction of a tree along one of these public ways, the Department may remove or destroy the tree without complying with the foregoing provisions of this section.
 
(2)      But in this event, the Department promptly shall notify the City Council of the circumstances, conditions, and justification under which the tree was thus removed or destroyed.
 
 
  SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
 
  SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
 
 
 
 
dlr 11-2562~intro/14Sep11
art 7/TreeNotice/tw
 
 
 
 
 
dlr 11-2562~intro/14Sep11
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art 7/TreeNotice/tw