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Home My WebLink AboutChapter 691 - Trees - ProtectionKITCHENER 691.1 FEBRUARY 2024 PROPERTY MAINTENANCE Chapter 691 TREES-PROTECTION Article 1 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 691.1.6 Administrative penalty by-law – defined 691.1.7 Designated provision – 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 691.3.2 Administrative Penalty By-law - application 691.3.3 Administrative Penalty By-law - notice of contravention 691.3.4 Provincial Offences Act 691.3.5 Non-payment 691.4.1 Validity Article 4 SEVERABILITY KITCHENER 691.2 FEBRUARY 2024 SCHEDULE Schedule 'A' - Regulated Tree Pests WHEREAS section 135 of the Municipal Act, 2001 allows the Council of a municipality to pass by-laws to prohibit or regulate the destruction or injur- ing of trees; AND WHEREAS section 137 of the Municipal Act, 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 of The Corporation of the City of Kitchener is desirous of passing a by-law to prohibit or regulate the destruction or injuring of trees. KITCHENER 691.3 FEBRUARY 2024 691.1.1 TREES - PROTECTION 691.2.1 Article 1 INTERPRETATION 691.1.1 Council - defined "Council" means the Council ofThe Corporation of the City of Kitchener. 691.1.2 Land - defined "land" shall include trees and vegetation situated thereon. 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. 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'. 691.1.5 Urban Forester - defined "Urban Forester" means those staff within the Infrastructure Services De- partment that are responsible for the long-term planning and management of the urban forest, with the City of Kitchener. 691.1.6 Administrative penalty by-law – defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 691.1.7 Designated provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 3. 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. 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. KITCHENER 691.4 FEBRUARY 2024 691.3.1.1 TREES - PROTECTION 691.4.1 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. 691.3.2 Administrative Penalty By-law - application Article 2 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 691.3.3 Administrative Penalty By-law - notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 691.3.4 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by- law in addition to the designated provisions of this by-law. 691.3.5 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 691.3.3. 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; By-law 2011-047, 28 March 2011; By-law 2024-015, 22 January 2024. KITCHENER 691.5 FEBRUARY 2024 TREES - PROTECTION SCHEDULE Schedule 'A' - Regulated Tree Pests Pursuant to the Plant Protection Act, S.C. 1990, c.22 Common Name Asian Longhorned Beetle Bacterial Canker of Poplar Brown Spruce Longhorned Beetle Emerald Ash Borer European Spruce Bark Beetle European Wood Wasp Hemlock woolly adelgid Nun Moth Oak Wilt Disease Pine Shoot Beetle Rosy Gypsy Moth Scleroderis Canker Sudden Oak Death Watermark Disease of Willow Latin Anoplophora glabripennis Xanthomonas populi Tetropium fuscum (Fabriciu ) Agrilus planipennis fps typographus L. Sirex noctilio F. Adelges tsugae Lymantria monacha Ceratocystis fagacearum (Bretz) Hunt Tomicus piniperda L. Lymantria mathura Moore Gremmeniella abietina (Lagerb.) Morelet Phytophthora ramorum Brenneria salicis* (Day) By-law 2005-140, 4 July 2005; Schedule 'A'.