02-990 City Code Tree-Forestry Ordinance
CITY OF MERIDIAN
ORDINANCE NO. 02- q c¡ 0
BY: 7ah1Mr de tJ~el-vL
AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW TITLE 13
PARKS OF THE MERIDIAN CITY CODE PROVIDING FOR A CHAPTER TO BE
KNOWN AS THE MERIDIAN FORESTRY ORDINANCE; PROVIDING FOR
DEFINITIONS, FINDINGS, STATEMENT OF PURPOSE, JURISDICTION,
ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST, INTERFERENCE
WITH CITY ARBORIST UNLAWFUL, RESPONSIBILITIES OF ADJACENT
PROPERTY OWNERS, PERMITS, DAMAGING, DESTROYING OR MUTILATING
PUBLIC TREES, COMPENSATORY PAYMENTS, PENALITIES FOR
VIOLATION, PUBLIC NUISANCES OR HAZARD TREES, ABATEMENT OF
PUBLIC NUISANCES OR HAZARD TREES, LICENSING OF TREE AND
LANDSCAPE SERVICES, APPEALS, SEVERABILITY, CONFLICT, VALIDITY,
SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: A new Title 13 PARKS is hereby enacted and shall read as follows:
13-1-1
TITLE: This Chapter shall be known as the Meridian Forestry Ordinance.
13-1-2 DEFINITIONS: For the purposes of this Chapter, the following words and
phrases shall have the following meanings:
ADJACENT PROPERTY OWNER:
Any person owning property adjacent to public
rights-of-way.
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Page I of15
ALTERNATE HOST PLANT:
One of two kinds of plants on which a pest must
develop to complete its life cycle.
ANSI Z133.1- 2000, and AJOO, 2001 This is a document offering basic perfonnance
THE AMERICAN NATIONAL standards for tree pruning, published in 1994
STANDARD FOR ARBORICUL TURAL and reyised in 2000 by the American National
OPERATIONS - PRUNING, Standards Institute (ANSI) or the
REPAIRING, MAINTAINING, same as amended ITom time to time.
REMOVING TREES, CUTTING
BRUSH AND SAFETY
REQUIREMENTS:
ARBORICUL TURE:
The cultiyation of trees, including planting,
pruning, remoyal or any other action which
affects the growth and maintenance of trees.
CITY:
The City of Meridian Idaho.
CITY ARBORIST:
The City Parks department Arborist or Arborist
designee.
CRITICAL ROOT ZONE:
The area under a tree extending from the base of
a tree in all directions to an imaginary line equal
to the drip line or as detennined at a preliminary
site inspection by the City Arborist.
DISEASE:
A condition in trees caused by fungi, bacteria,
mycoplasmas, and viruses known by scientific
names that are able invade and infect plants
causing health problems or death to II wide
spread population of the species in City limits or
City impact area.
HAZARD:
Any tree, public or private, with visibly derIDed
structIITal defects likely to cause failure of 1111 or
part of the tree, and be a danger to public safety.
PERMIT:
Written approyal issued by the City and
required for any activity on public trees or
within the criticIII root zone of public trees.
PERSON:
Any indiyidual, fITm, partnership, corporation,
association, company or organization of any
kind.
T""F~".,.0,""',,0""b,,2002
Page 2 of 15
PEST:
Any insect, disease or other organism hannful
to trees.
PRUNING:
The practice of cutting tree limbs according to
standards contained in ANSI Z133.1 and ANSI
A300 standards.
PUBLIC PROPERTY:
Any property owned by, dedicated to, or deeded
to, the public or for the public's use. City parks,
public rights-of-way and other publicly owned,
controlled, leased or managed properties are
included in this definition. This defmition
excludes any federal or state owned properties
except where otherwise provided by contract or
law.
PUBLIC NUISANCES:
Any tree or part thereof [public or private]
which, by reason of location or condition,
constitutes hazard to public safety, or which
obstructs the ITee passage of pedestrian or
yehicular traffic or which obstructs public street
lighting or any tree or alternate host plant or
part thereof which harbors pest or disease which
reasonably may be expected to injure or harm
public parks or right ofways.
PUBLIC RIGHTS-OF-WAY:
Improyed or unimproyed public property owned
by, dedicated to, or deeded to the public or for
the public's use, for the purpose of providing
vehicular, pedestrian and other public use. Such
public property proyides circulation and trayel
to abutting properties and includes, but is not
limited to, streets, sidewalks, landscaping, and
provisions for public utilities, cut and fill slopes,
and open public space. For the purposes of this
Chapter, alleys are excluded ITom this
definition.
PUBLIC SAFETY:
The condition of being safe ITom bodily hann
and/or property damage resulting ITom tree
conditions and/or failures while using public
property.
T"ofF",,", "'din..", O<lob" 2002
Page 3 of 15
Any tree (inc1usiye of roots within the critical
root zone) whose trunk is located, partly or in
whole, on public property.
PUBLIC TREES:
"Rounding" or "heading back" or any other term
that can be described as seyere cutting back of
limbs within a tree crown to buds, stubs, or
laterals not large enough to assume a tenninal
role or as defined in ANSI A300 standards.
TOPPING:
TREE:
Any woody plant, which is 10 feet or more in
height at maturity, with a single or multiple
trunks, often unbranched for several feet aboye
the ground and haying a definite crown.
13-1-3 FINDINGS: Whereas the City finds trees are important elements of
the enyironment which promote and protect public health, safety, and general welfare ofthe
community by proyiding:
A.
B.
D.
A yital contribution to the aesthetic character of the community and the region's
natural beauty.
Cost-effective protection against severe weather conditions with cooling effects in the
summer months and insulating effects in winter.
C.
Economic support of local property yalues.
Improved air and water quality with the absorption of pollutants, assimilation of
carbon dioxide and generation of oxygen, and the reduction of excessive noise and
adverse impllcts caused by noise pollution.
E.
A reduction of the adyerse impacts ofland disturbing actiyities such as runoffITom
impervious surfaces, soil erosion, sedimentation and pollution.
F.
Habitat, cover, food supply and corridors for a diversity of wildlife.
13-1-4 STATEMENT OF PURPOSE: This Chapter establishes regulations and
standards necessary to ensure that the City continues to realize the benefits proyided by the
Community Forest. It is not intended to resolye or regulate trees, or disputes oyer trees on
priyate property that do not affect general public safety. This ordinance is enllcted to:
A.
Promote the general welfare of the City by establishing and maintllining the
maximum amount of canopy coyerage provided by trees for their functions as
identified in 13-1-3.
1",1£°"'"' O,d"""", O".b" 2002
Page 4 of 15
F.
G.
H.
I.
13-1-5
13-1-5.1
13-1-5.2
B.
C.
D.
E.
Preserve and enhance the City's enyironmental, economic and social character with
mature trees.
Protect public safety, health & welfare.
Encourage site and utility planning, building, and development practices to prevent
indiscriminate removal or destruction of trees and ayoid unnecessary disturbance to
trees within the City and its Area of Impact.
Maintain trees in a healthy, non-hazardous condition through application oftree care
standards contained in ANSI Z133.I.and A300.
Establish and maintain appropriate species diversity and age classes in order to
provide a stable and sustainable community forest.
Establish a process by which trees are to be planted, pruned and remoyed.
Implement the goals and objectives of the City's Comprehensiye Plan.
To continue to meet qualifications to be a Tree City USA every year as outlined by
the National Arbor Day Foundation.
JURISDICTION:
Public Property: The City Arborist shall manage and regulate the planting,
maintenance, protection, remoyal and replacement of all public trees within
the City limits; thus exercising the City's authority to do so granted pursuant
to the provisions ofIdaho Code 50-312 - Improvements of Streets, Idabo
Code 50-317 - Removal of snow, ice, rubbish, and weeds, Idaho Code 1415
(7) Responsibilities of single county-wide highway districts within cities -
Final decision on urban renewal projects - Settlement of questions.
Priyate Property: The City Arborist shall haye jurisdiction over trees located
on private property which are found to be public nuisance or a hazard as
defined in 13-1-13 and may cut and remove those trees ITom all priyate
property within the city and the public rights of way abutting the same and
may assess the cost thereof against the property so cleared, and against the
property abutting public rights of way so cleared, as proyided for in Idabo
Code 50-317. The assessment shall be collected as provided in Idabo Code
50-1008.
13-1-6 ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST: The
Director of the Parks & Recreation Department shall designate an indiyidual on Parks staff as
the City Arborist and authorize such person to perfonn the duties imposed and exercise the
powers granted by this chapter. For the purposes identified in 13-1-4, the City Arborist,
T~,lFo~'tty o,dø""ooOctob,,2002 Page 5 of 15
subject to the proyisions ofthis Chapter and ayailable resources, is hereby authorized to
carry out the following duties:
13-1-6.1
AdministrativelManagement Duties:
A.
Deyelop, administer and maintain a Community Forestry Management Plan.
B.
Administer a program of public outreach and education relating to Community
Forestry and the planting and care of trees.
C.
Maintain a licensing program as set forth in 13-1-15.
D.
Administer and maintain a permitting procedure for all planting, pruning, protection
and remoyal of trees as set forth in 13-1-9.
E.
Establish and maintain an inyentory of all public trees.
F.
Maintain a Community Forestry budget to be contained within the budget of the
Meridian Parks & Recreation Department. The City may expend funds to plant,
maintain or remoye trees in accordance with the proyisions of this Chapter, the
Community Forestry Management Plan and existing policies.
G.
Oyersee and require compliance with Disease and pest management programs as
required by this chapter, and other pest management programs as may be adopted by
the Parks & Recreation Commissioners.
H.
To facilitate the proper selection, planting and maintenance of trees in residential,
commercial and industrial deyelopments within City limits and the Meridian City
Area of City Impact, the City Arborist shall reyiew and proyide comment on
deyelopment applications when such applications are submitted to the City Planning
& Zoning Services Department.
I.
Protect existing trees retained on new construction sites ITom damllge to bark,
branches, and roots during construction. The city of Meridian Parks Dept Arborist
shall approye the protection fence prior to construction. Construction, excayation, or
fill occurring within the drip line of any existing trees may seyerely damage it. Any
seyerely damaged trees shall be replaced in accordance Subsection 10.6 of the
Meridian Landscape Ordinance.
J.
Establish policies to carry out the provisions of this Chapter.
K.
Perfonn all necessary acts to ensure that all public trees confonn with the Community
Forestry Management Plan and this Chapter.
L. Annually provide public notificlltion ofthe requirements of this Chapter.
T"oIF""""Onlio"""O,""""'OO2 Page 6 of 15
A.
B.
A.
13-1-6.2
Tree Planting Duties:
A.
Establish and maintain specifications for tree planting on public property.
13-1-6.3
Tree Maintenance Duties:
A.
Order the pruning or removal of public trees to ensure public health, safety and
welfare while considering the health of the tree and other elements ofthe
inITastructure.
B.
Declare trees as a public nuisance or a hazard as defmed in 13-1-13. Abatement shall
be completed as identified in 13-1-14.
13-1-6.4
Tree Removal Duties:
Remove trees located on public rights-of-way which haye been declared to be a
public nuisance or a hazard as defmed in 13-1-13.
Any trees on public rights-of-way scheduled for removal shall be affixed with a
public notice stating the reason for removal. Such notice shllH be posted not less than
30 days prior to scheduled removal date unless determined by the City Arborist to be
an emergency or immediate hazard to public safety.
13-1-6.5
Tree Protection Duties:
To avoid creating public nuisances or hazards by damaging public trees, the City
Arborist is authorized to require their protection (including the critical root zone)
ITom construction or other harmful practices.
13-1-7 INTERFERENCE WITH THE CITY ARBORIST UNLAWFUL: It shaH
be unlawful and shaH be a misdemeanor to interfere with the City Arborist, any Meridian
City Police Officer, or Meridian City Code Enforcement Officer in the performance of their
duties connected with the enforcement of this Chapter.
13-1-8 RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS: Any
person in possession of private property shaH maintain trees upon adjacent public rights of
way and any trees upon private property which may affect public property, in a safe, healthy
condition in compliance with the proyisions of this Chapter. Adjacent property owners haye
the following responsibilities:
T,~IF",~tty O,dm",~ Octob" 2002
Page 7 of 15
13-1-8.1
A.
B.
C.
Responsibilities for Public Trees:
Obtain Pennits
1.
Meet all requirements and obtain all permits necessary for work done
(including, but not limited to, pruning and removal) on any public trees as
required in 13-1-9.
2.
Meet all requirements and obtain all pennits necessary prior to commencing
repair of damage done to public streets or sidewalks adjacent to any public
trees as required in 13-1-9.
3.
Meet all requirements and obtain all permits necessary for any tree planting
on public property as required in 13-1-9.
Routine Tree Maintenance
1.
Pruning of trees located on public rights-of-way adjacent to the owner's
privllte real property.
a.
Prune and maintain such trees according to ANSI Z133.1 and A300
Arboricultural Operation standards.
b.
Topping, heading, shearing or rounding oyer are not acceptable fonns
of tree pruning and are not allowed on public trees unless first
approved by the City Arborist.
c.
Except as otherwise detennined by the City Arborist, branches that
overhang sidewalks or streets shall be pruned to provide sufficient
yertical clearance 8 feet oyer the sidewalk and 14 feet oyer the street
so as not to interfere with public trayel.
d.
Trees shall be pruned to remoye dead limbs or other limbs that are
considered a public nuisance or a hazard as defined in 13-1-13.
2.
Control pests on trees located on public rights-of-way adjacent to the owner's
priyate real property.
3.
Provide wllter sufficient to keep trees located on public rights-of-way adjacent
to the owner's private real property in a healthy, growing condition.
Pro tectionlPreservation
I. Obtain a pennit from the City Arborist before perfonning any actiyity which
may hann any part ora public tree (inclusive of the critical root zone).
TreeJFore..'Y llidmmœ Ootob" 2002 Page 8 of 15
13-1-8.2
A.
13-1-8.3
A.
13-1-9
A.
Tcoc/FO"'", Ocdin.." Octoboc2002
2.
Notify the City Arborist when any part of a public tree is damaged or
destroyed.
Responsibilities for Priyate Trees:
Routine Tree Maintenance
1.
Removal or pruning of trees located on the owner's priyate real property that
are considered a public nuisance or a hazard as defined in 13-1-13.
2.
Branches that overhang sidewalks or streets shall be pruned to proyide
sufficient vertical clearance of 8 feet over the sidewalk and 14 feet over the
street so as not to interfere with public travel.
3.
Control of pests or disease in trees located on the owner's priyate real property
which may, upon detennination by the City Arborist, pose a threat to public
trees.
4.
Removal of all debris (wood, branches & leayes) ITom public property by
sunset ofthe day on which any tree work is done.
Responsibilities for Alley Trees:
Prune, remoye or otherwise abate public nuisances or a hazard as defined in 13-1-13.
PERMITS:
No person may perfonn any of the following acts without first obtaining ITom the
City Arborist II permit for which no fee shall be charged, and nothing in this section
shall be construed to exempt any person ITom the requirements of obtaining any
additional pennits as required by law:
1.
Plant trees on public rights-of-way or in any public places.
2.
Prune, cut, remove or otherwise disturb any public tree. This proyision shall
not be construed to prohibit owners of property adjacent to public rights-of-
way ITom watering or fertilizing such trees.
3.
Attach any object to public tree(s).
4.
Dig, trench, excayate or pile soil or any other materials within the critical root
zone of public trees.
Page 9 of 15
B.
C.
D.
Pennit Application Procedures:
1.
Contact the City Arborist via mail, phone, fax or email prior to
commencement of the proposed work.
2.
Upon inspection, the City Arborist may issue a pennit to perfonn any of the
acts specified in part A ofthis section.
3.
The City Arborist may condition the approyal of any pennit.
Requirements: Tree Planting Pennits:
1.
Each application for a planting pennit shall designate the species and yariety
of public tree proposed. The City Arborist shall designate the location of the
planting as outlined in the Meridian Landscape ordinance.
2.
Approyal of tree species, spacing, placement and minimum tree well sizes are
contained in the Meridian Landscape Ordinance and shall be reyiewed by the
City Arborist prior to issuance of a permit.
3.
Whenever any tree is planted or set out in conflict with the proyisions ofthis
Chapter, or the Meridian Landscape Ordinance it shall be lawful for the City
Arborist to remoye or cause remoyal of the same. The cost of remoyal of
such tree may be charged to person responsible for the planting thereof.
Requirements: Tree PruninglRemoyal Permits:
1.
Prior to pruning or remoyal of any public tree, an application for pennit must
be made by the property owner or priyate tree finn currently licensed by the
City.
2.
Wheneyer a tree on public rights-of-way is remoyed, the applicant shall
replace the tree remoyed as a condition of issuance of a pennit for remoyal,
unless such requirement is waiyed by the City Arborist for good cause shown.
Conditions may include a requirement for compensatory payments as set forth
in 13-1-11.
13-1-10 DAMAGING, DESTROYING or MUTILATING PUBLIC
TREES: It shall be unlawful for any person to:
A.
B.
T"dF""try Onliom" O,tob<o 2002
Damage, mutilate or destroy any public tree.
Attach any device or structure (i.e. tree houses, lights) to or on public trees unless
otherwise authorized by the City Arborist.
Page 10 of15
C.
Store, spill or dump substances, whether liquid or solid, which may be harmful to
trees, on any part of a public tree or within the critical root zone of a public tree.
D.
Damage public trees through construction actiyities in violation ofthe conditions of a
permit issued under this Chapter. Such actiyities include, but are not limited to:
1.
Making excayations or cuts in the soil near roots of public trees unless
otherwise approved by the City Arborist.
2.
Damage roots of a public tree by compacting or placing fill within the criticIII
root zone of a tree.
3.
Engage in any pruning actiyity on public trees not in accordance with ANSI
Z133.1, or A300 including, but not limited to: topping, heading, rounding or
shearing unless otherwise approved by the City Arborist.
13-1-11 COMPENSATORY PAYMENTS: In the eyent any person
remoyes, destroys or damages any public tree except as otherwise required by law, that
person shall be required to replace such tree with a tree(s) of equiyalent dollar value on
public property, unless otherwise detennined by the City Arborist. The yalue of a tree shall
be detennined by the City Arborist in accordance with accepted plant appraisal methods as
set forth in the 9th edition of The Guide for Plant Appraisal, published by the International
Society of Arboriculture or the same as amended from time to time. If no suitable location
exists in the yicinity of the tree remoyed or ifthe replacement tree(s) is oflesser yalue, the
person causing the tree to be remoyed shall make a compensatory payment to the City of
Meridian equal to the difference in yalue between the tree remoyed and any replacement
tree(s). Any public tree that is detennined by the City Arborist to be damaged, but not
sufficiently to justify its removal, shall be considered to be deyalued. The amount of
deyaluation shall be paid to the City by the person causing the damage. Compensatory
payments shall be paid into a fund established for that purpose and restricted to use for
community forestry programs. Nothing in this Ordinance shall prohibit Meridian City ITom
negotiating agreements with other goyernmental entities regarding penalties and
compensatory payment for removal, damage or destruction of public trees.
13-1-12
PENALTIES FOR VIOLATION:
A.
Any person who violates any provision ofthis Chapter or who fllils to comply with a
lawful order of the City Arborist shall be guilty of a misdemeanor. Any person
convicted of a misdemeanor under the provisions of this Chapter may be punished by
a fIDe not to exceed $300 or be imprisoned in the Ada County Jail for a period not to
exceed 6 months or by both such fme and imprisonment.
B.
In addition to any criminal penalties that mllY be imposed, the City may pursue civil
penalties and restitution for actual damages as set forth in 13-1-11.
r".,o",,'Y 0"."""" 0""'" 2002
Page 11 of 15
A.
B.
D.
13-1-13 PUBLIC NUISANCES OR HAZARD TREES: The following are hereby
declared public nuisances or hllzard under this Chapter:
A.
Any tree or part thereof (public or priyate) which, by reason of location or condition,
constitutes a hazard to public safety as detennined by the Arborist eyaluating the tree
according to Intemational Society of Arboriculture hazard tree eyaluation standards.
B.
Any tree or part thereof (on public or private property) which obstructs the free
passage of pedestrian or yehicular traffic or which obstructs public street lighting.
C.
Any tree or alternate host plant or part thereof (on public or priyate property) which
harbors pests or disease which may be discovered by observation, or lab testing, that
reasonably may be expected to injure or harm the healthy population of trees in City
limits, or impact area.
13-1-14 ABATEMENT OF PUBLIC NUISANCES OR HAZARD TREES: The
following are the prescribed means of abating public nuisances or hazard trees under this
Chapter:
Any tree or alternate host plant or part thereof (public or priyate) declared to be a
public nuisance or a hazard as set forth in 13-1-13 shall be pruned, removed or
otherwise treated in IIccordance with the requirements ofthis Chapter. Except for
removal of trees ITom public rights-of-way, all costs for nuisance and hazard
abatement are the responsibility of the adjacent property owner.
The City Arborist may cause a written notice to be personally served or sent by mail
to the owner of the particular property.
C.
In the event the nuisance or hazard is not abated by the date specified in the notice,
the City Arborist is authorized to cause the abatement to be done. The reasonable
cost of such abatement may be charged to the subject property owner. Monies which
haye not been recoyered through the City bill-collection procedures may result in a
lien against the property or assessed on taxes as provided for in Idaho Code Title 50.
In addition, the owner of the property upon which the nuisance or hazard is located
may be subject to prosecution under this Chapter, or any other Chapter of the City
Code or the Idabo Code for maintaining a public nuisance. Nothing in this provision
shall be construed to exempt any person ITom the requirement of obtaining pennits
under 13-1-9.
The City Arborist is empowered to cause the immediate abatement of any nuisance or
hazard if it is detennined by the City Arborist to be an emergency or immediate
danger to public safety.
E. If the City Arborist detennines that disposal of the wood, branches and soil ITom
remoyal or pruning of a nuisance tree is required to complete abatement, such
T"ofF""""OnHn..,,Ootnbo"OO2 Pagel20fl5
disposal shall be done as required by the City Arborist. All costs associated with the
disposal of material ITom priyate trees shall be the responsibility of the property
owner.
13-1-15 LICENSING OF TREE AND LANDSCAPE SERVICES: It shall be
unlawful for any person to engage in the trade or commercial business of pruning or
removing trees located on public property, without first procuring a license ITom the City
Arborist.
A.
B.
C.
Each applicant for a license or renewIII thereof shall make application to the City
Arborist on a fonn to be furnished by the City. The fonn shall be signed by the
applicant and shall show such infonnation as may be required by the City Arborist.
Infonnation shall include, but is not limited to:
1.
In what name the business is to be conducted as well as the name, business
address, home address and telephone number of the company president or
owner(s).
2.
Proof of current arborist certification with the International Society of
Arboriculture by at least one individual on staff of the business in II
supervisory position, or an Arborist working on the job site.
3.
Demonstration that arboricultural work is in accordance with ANSI A300 and
Z 133.1 maybe required prior to approyaloflicense.
4.
A certificate ofliability and property damage insurance executed by an
insurer authorized to transact business within the State, such policy of
insurance to proyide not less than $500,000 or the amount currently required
by Idaho Code Title 6.
The City Arborist shall, after examining the applicant's qualifications, either approve
or disapproye the application. If the application is approyed, the applicant shllll file
the application with the City Clerk together with the annual license fee of twenty fiye
dollars ($25.00). This license shall be issued by the Meridian City Clerk for the
clllendar year, or balance ofthe calendar year only.
The City Arborist is authorized to suspend or reyoke the tree care license of any
person that perfonns work which does not comply with the proyisions ofthis chapter.
Failure to maintain arborist certification or required insurance shall also result in
suspension or reyocation.
T",lFo"'ttyO",~=,O,,"b"2002
Page 13 of 15
A.
B.
D.
E.
F.
13-1-16
APPEALS:
Any person affected by an order, grant, denial, or revocation of a license or pennit by
the City Arborist may appeal such order, grant, denial or reyocation to the Parks and
Recreation Commission.
Such appeal shall be filed in writing with a twenty-fiye dollar ($25.00) fee and
submitted to the Director of the Meridian Parks & Recreation Department within 10
days of the date of notification of the City Arborist's ruling.
C.
The appeal shall be heard by the Parks and Recreation Commission. Action by the
City Arborist and the appellant shall be delayed until the decision of the Parks and
Recreation Commissioners is rendered.
The Parks & Recreation Commission may in confonnity with the proyisions of this
Chapter reverse or affinn or modify wholly or partly, the order, grant, denilll or
revocation of any license or pennit.
Any person affected by the decision of the Parks & Recreation Commissioners may
appeal the decision to the City Council.
Such appeal shall be filed in writing with a fifty dollar ($50.00) fee and submitted to
the City Clerk within 10 days ofthe date of notification of the decision of the Parks &
Recreation Commissioners.
G.
The appeal shall be heard by the City Council. Action by the City Arborist and the
appellant shall be delayed until the decision of the City Council is rendered.
H.
The City Council may in confonnity with the provisions of this Chapter reverse or
affinn or modify wholly or partly, the order, grant, denial or revocation of any permit
and the decision of the Park Board of Commissioners.
I.
The decision of the City Council shall be final.
13-1-17 SEVERABILITY: The proyisions of this chapter shall be deemed seyerable
and a finding by a court of law that a provision of this chapter is unlllwful shall have no
effect on the remaining proyisions.
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section,
paragraph, sentence or word of this ordinance as adopted and amended herein be declared for
r",/Fo,",,", O"'""""Octob" '002 Page 14 of 15
any reason to be invalid it is the intent of the Meridian City Council that it would haye
passed all other portions of this ordinance independent of the elimination hereITom of any
portion as may be declared inyalid.
SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding
commenced or right accrued before this ordinance takes effect.
SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect lifter its
passage, approval and publication, according to law.
PASSED BY THE CITY CO~IL OF THE CITY OF MERIDIAN, IDAHO, this
/711:: day of ehbtf- ,2002.
APPROVED BY THE MAYOR XeTHE CI;rY OF MERIDIAN, IDAHO, this
17~ day of cefh bO"" , 2002.
~
Attest:
Z:IWorklMlMeridianlMeridian 15360MIQrdinances City Hall\2002 ORDITree Ordinance.doc
r"ofF""", OnB"""" Odob" 2002
Page 15 of15
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, State
of Idaho, do hereby certify that the attached copy of Ordinance No. tJ2. - 990.
p~;;I'~~~~ City C~~~~i~~haet~~ a~dM;:~~:~~ytho~ th~~r~nal ~t:a~
document which is in the care, custody and control of the City Clerk of the City of
Meridian. """""u"'L"'IIII//
"'.J Or MI:R¡/'I. I'I
",.:;.~~~ "-¥-11':/~
" v ~ .~ ~
(" ~ ~~4~Þ~~'9-.
~ '? '" ¥VllLiAM G. BERG, JR.
-;; ,+-, ,of _0 ~
% "1ð ...::."Vsr 1S'1 . ~ ¡
'~ ", 'f>~ .;,-'
IIIIIII C'OU!\rr!. ",~"
STATE OF IDAHO, IIII¡¡i)~""",\I'\'
: ss.
County of Ada, )
On this 11-!;h day of ~~~ , in the year 2002, before
me, the undersigned, a Notary Public, appeared WilLIAM G. BERG, JR., known
or identified to me to be the City Clerk of the City of Meridian, Idaho that
executed the said instrument, and acknowledged to me that he executed the
same on behalf of the City of Meridian.
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(SEAL) :~/~O ~J.~r\
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Notary Public of Idaho
Commission Expires: Lf - 2'6 '0'5
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN