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