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HomeMy WebLinkAboutChapter 691 - Trees - Protection PROPERTY MAINTENANCE Chapter 691 TREES - PROTECTIONS Article I INTERPRETATION 691.1.1 Council-defined 691.1.2 Land-defined 691.1.3 Officer-defined 691.1.4 Pest-defined 691.1.5 Urban Forester-defined Article 2 GENERAL PROVISIONS 691.2.1 Entry on private property-for inspection 691.2.2 Owner-occupant-responsibility to ensure no pests Article 3 ENFORCEMENT 691.3.1 Fine-for contravention Article 4 SEVERABILITY 691.4.1 Validity SCHEDULE Schedule`A' -Regulated Tree Pests KITCHENER 691.1 JULY 2005 691.1.1 TREES -PROTECTION 691.2.1 WHEREAS section 135 of the Municipal Act,2001 allows the Council of municipality to pass by-laws to prohibit or regulate the destruction or injur- ing of trees; AND WHEREAS section 137 qf the Municipal Pict, 2001 authorizes a mu- nicipality to enter and inspect any land to determine whether a by-law passed under section 135 is being complied with. AND WHEREAS the Council qfThe Corporation qfthe City qfKitchener is desirous qfpassing a by-law to prohibit or regulate the destruction or injur- ing of trees. Article I INTERPRETATION 691.1.1 Council- defined "Council"means the Council of The Corporation of the City of Kitchener. 691.1.2 Land- defined "land"shall include trees and vegetation situated thereon.By-law 2005-140, 4 July,2005. 691.1.3 Officer-defined ,.officer"means a Municipal Law Enforcement Officer for The Corporation of the City of Kitchener or staff from the Infrastructure Services Department as designated by the Manager of Park Planning,Development and Opera- tions, or his/her designate. By-law 2005-140, 4 July, 2005; By-law 2011-047,28 March,2011. 691.1.4 Pest- defined "pest"means any insect or disease that,in the opinion of the Urban Forester, can cause catastrophic loss to the urban forest,and shall specifically include the insects and diseases as included on Schedule 'A'. By-law 2005-140,4 July,2005. 691.1.5 Urban Forester-defined "Urban Forester"means those staff within the Infrastructure Services De- partmeritthat are responsible for the long-term planning and management of the urban forest,with the City of Kitchener.By-law 2005-140,4 July,2005; By-law 2011-047,28 March,2011. Article 2 GENERAL PROVISIONS 691.2.1 Entry on private property-for inspection An officer may,at any reasonable time,enter and inspect any land to deter- mine whether this Chapter is being complied with. APRIL 2011 691.2 KITCHENER 691.2.2 TREES -PROTECTION 691.4.1 691.2.2 Owner-occupant- responsibility to ensure no pests All owners or occupants of land shall,at all times,keep their land free from any pest. Article 3 ENFORCEMENT 691.3.1 Fine-for contravention Any person who contravenes any provision of this Chapter is guilty of an of- fence and is liable,upon conviction,to a fine not exceeding Five Thousand Dollars($5,000),exclusive of costs,for each offence,recoverable under the Provincial Offences Act. Article 4 SEVERABILITY 691.4.1 Validity It is hereby declared that each and every of the provisions of the Chapter is severable and that if any provisions of this Chapter should,for any reason,be declared invalid by any court,it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect.By-law 2005-140,4 July,2005. KITCHENER 691.3 JULY 2005 TREES -PROTECTION SCHEDULE Schedule`A' -Regulated Tree Pests Pursuant to the Plant Protection Act, S.C. 1990,c.22 Common Name Latin Asian Longhorned Beetle Anoplophora glabripennis Bacterial Canker of Poplar Xanthomonas populi Brown Spruce Longhomed Beetle Tetropium fuscum(Fabricius) Emerald Ash Borer Agrilus planipennis European Spruce Bark Beetle Ips typographus L. European Wood Wasp Sirex noctilio F. Hemlock woolly adelgid Adelges tsugae Nun Moth Lymantria monacha Oak Wilt Disease Ceratocystis fagacearum (Bretz)Hunt Pine Shoot Beetle Tomicus piniperda L. Rosy Gypsy Moth Lymantria mathura Moore Scleroderis Canker Gremmeniella abietina (Lagerb.)Morelet Sudden Oak Death Phytophthora ramorum Watermark Disease of Willow Brenneria salicis*(Day) By-law 2005-140,4 July 2005; Schedule `A'. JULY 2005 691.4 KITCHENER