Label
TMC Amendments re: Chapter 917
Dept. of Public Service/Urban Beautification
Joe Fausnaugh (936-3884)/Sara Stacy (x2305)
Revised
Title
Amending Toledo Municipal Code Chapter 917 - Trees, by repealing eight sections of the chapter and reenacting the sections with amended language; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This ordinance repeals and reenacts multiple sections of the Toledo Municipal Code (“TMC”) to transition the City’s prohibited tree list from a static list to an online directory managed by the Director of Public Service. This allows the City to respond immediately to emerging environmental threats-such as invasive pests, infectious diseases, and climate-driven weather extremes-without the delays of a formal legislative amendment. This change protects public infrastructure and ensures a more resilient, diverse, and sustainable urban forest.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, §917.01 which states as follows:
§917.01. Permit to plant, treat, remove, etc.
No person, firm or corporation shall hereafter plant, move, spray, fertilize, brace, trim, do surgery work, cut above or below ground, cut any branch or root therefrom or otherwise disturb any tree or shrub along any street or public way in the City or in or upon any public park or public ground, nor cause any such acts to be done by others without first obtaining a written permit for such work from the Commissioner of Parks, Forestry and Open Space Planning. Such permit shall be issued only when and in the judgement of such Commissioner of Parks, Forestry and Open Space Planning, the desired work is necessary or advisable and the proposed methods of doing the same are satisfactory.
is repealed
SECTION 2. That a new Toledo Municipal Code §917.01 is enacted to state as follows:
§917.01. Permit to plant, treat, remove, etc.
No person, firm or corporation shall hereafter plant, move, spray, fertilize, brace, trim, do surgery work, cut above or below ground, cut any branch or root therefrom or otherwise disturb any tree or shrub along any street or public way in the City or in or upon any public park or public ground, nor cause any such acts to be done by others without first obtaining a written permit for such work from the Director of Public Service. Such permit shall be issued only when the desired work is necessary or advisable and the proposed methods are in accordance with industry best practices and standards outlined by American National Standards Institute and the International Society of Arboriculture.
SECTION 3. That Toledo Municipal Code §917.02 which states as follows:
§917.02. Conditional permit for removal.
As a condition to the issuance of any permit to remove any tree or shrub, the Commissioner of Parks, Forestry and Open Space Planning may require that the person, firm or corporation to whom such permit to remove is granted, shall plant approved trees or shrubs in the place of those removed. Whenever such tree or shrub has been removed in accordance with such conditional permit, it shall be a violation of this chapter for the holder of such permit to refuse or neglect to plant another tree or shrub as such conditional permit shall specify.
is repealed.
SECTION 4. That a new Toledo Municipal Code §917.02 is enacted to state as follows:
§917.02. Conditional permit for removal.
As a condition to the issuance of any permit to remove any tree or shrub, the Director of Public Service may require that the person, firm or corporation to whom such permit to remove is granted, shall plant approved trees or shrubs in the place of those removed. Whenever such tree or shrub has been removed in accordance with such conditional permit, it shall be a violation of this chapter for the holder of such permit to refuse or neglect to plant another tree or shrub as such conditional permit shall specify.
SECTION 5. That Toledo Municipal Code §917.03 which states as follows:
§917.03. Fastening material to trees prohibited.
No person, firm or corporation shall fasten any wire, rope or other material to, around or run any wire or rope through any tree or shrub along any public street or way or in any public park, or public place in the City without first obtaining therefor a written permit from the Commissioner of Parks, Forestry and Open Space Planning.
is repealed.
SECTION 6. That a new Toledo Municipal Code §917.03 is enacted to state as follows:
§917.03. Fastening material to trees prohibited.
No person, firm or corporation shall fasten any wire, rope or other material to, around or run any wire or rope through any tree or shrub along any public street or way or in any public park, or public place in the City without first obtaining a written permit from the Director of Public Service.
SECTION 7. That Toledo Municipal Code §917.04 which states as follows:
§917.04. Placing materials damaging to trees prohibited.
No person, firm or corporation shall deposit, place, store or maintain along any public street or highway or in any public park or public place in the City any stone, brick, sand, concrete or other material which will impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein, except by written permission from the Commissioner of Parks, Forestry and Open Space Planning.
is repealed.
SECTION 8. That a new Toledo Municipal Code §917.04 is enacted to state as follows:
§917.04. Placing materials damaging to trees prohibited.
No person, firm or corporation shall deposit, place, store or maintain along any public street or highway or in any public park or public place in the City any stone, brick, sand, concrete or other material which will impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein, except by written permission from the Director of Public Service.
SECTION 9. That Toledo Municipal Code §917.05 which states as follows:
§917.05. Protection of trees and shrubs.
No person, firm or corporation shall break, injure, mutilate, kill or destroy any tree or shrub, or set fire, or permit any fire to burn where such fire, or the heat therefrom will injure any portion of any tree or shrub along any public street or way, or in or upon any public park or public place in the City, nor shall any person, firm or corporation knowingly permit any leak to exist in any gas pipe or main within the root zone of such tree or shrub, nor permit any toxic chemical, either solid or liquid to pass, drain or be emptied on or about any such tree or shrub. No person, firm or corporation shall knowingly permit any wire, designed to carry electric current, to come in contact with any tree or shrub unless protected by such methods as shall be approved by the Commissioner of Parks, Forestry and Open Space Planning, and no person, firm or corporation shall attach any such electric insulation to any such tree or excavate any ditches, tunnels or trenches, or lay any driveway within a radius of five feet from any such tree or shrub without first obtaining a permit therefor from the Commissioner of Parks, Forestry and Open Space Planning.
is repealed.
SECTION 10. That a new Toledo Municipal Code §917.05 is enacted to state as follows:
§917.05. Protection of trees and shrubs.
No person, firm or corporation shall break, injure, mutilate, kill or destroy any tree or shrub, or set fire, or permit any fire to burn where such fire, or the heat therefrom will injure any portion of any tree or shrub along any public street or way, or in or upon any public park or public place in the City, nor shall any person, firm or corporation knowingly permit any leak to exist in any gas pipe or main within the root zone of such tree or shrub, nor permit any toxic chemical, either solid or liquid to pass, drain or be emptied on or about any such tree or shrub. No person, firm or corporation shall knowingly permit any wire, designed to carry electric current, to come in contact with any tree or shrub unless protected by such methods as shall be approved by the Director of Public Service, and no person, firm or corporation shall attach any such electric insulation to any such tree or excavate any ditches, tunnels or trenches, or lay any driveway within a radius of five feet from any such tree or shrub without first obtaining a permit therefor from the Director of Public Service.
SECTION 11. That Toledo Municipal Code §917.06 which states as follows:
§917.06. Permits in general.
In issuing any and all of the aforesaid permits, or any other permit or authority for which provision in this chapter is made, the Commissioner of Parks, Forestry and Open Space Planning shall act without delay and shall keep duplicate records of all such permits as shall be issued by him and of the compliance therewith. Permits for planting of trees shall be granted only after a thorough investigation of the necessity and advisability therefor. All permits for which provisions in this chapter are made shall be issued without requirement of any fee.
is repealed.
SECTION 12. That a new Toledo Municipal Code §917.06 is enacted to state as follows:
§917.06. Permits in general.
In issuing any and all of the aforesaid permits, or any other permit or authority for which provision in this chapter is made, the Director of Public Service shall act without delay and shall keep duplicate records of all such permits issued and of the compliance therewith. Permits for planting and removal of trees shall be granted only after a thorough investigation of the necessity and advisability therefor.
SECTION 13. That Toledo Municipal Code §917.07 which states as follows:
§917.07. Prohibited trees.
No person shall plant along the public streets or ways of the City any box-elder, catalpa, cottonwood, Chinese elm, soft or silver maple, mulberry, poplar, Tree of Heaven, walnut, willow or other tree which, because of the root growth thereof, the branches or trunk thereof, or which for any other reason shall be deemed unsatisfactory for public highway uses, without obtaining a special permit therefor from the Commissioner of Parks, Forestry and Open Space Planning.
is repealed.
SECTION 14. That a new Toledo Municipal Code §917.07 is enacted to state as follows:
§917.07. Prohibited trees.
No person shall plant along the public streets or ways of the City any box-elder, catalpa, cottonwood, soft or silver maple, mulberry, poplar, Tree of Heaven, walnut, willow or other tree deemed unsatisfactory for public highway uses, without obtaining a special permit from the Director of Public Service.
The Director of Public Service maintains an official list of prohibited trees which shall be publicly available on the City’s website, or reproduced upon request. The list of prohibited trees is updated as necessary by the Director. The prohibition against a specific tree species takes effect at the time of publication on the City’s website. Property owners are responsible for checking the prohibited tree list prior to planting any tree near a public right-of-way.
SECTION 15. That a new Toledo Municipal Code §917.08 which states as follows:
§917.08. Certain trees declared public nuisances.
Any tree or shrub or part thereof growing upon private property but overhanging or interfering with the public use of any public street or way in the City, or which in the opinion of the Commissioner of Parks, Forestry and Open Space Planning endangers the life, health, safety, comfort, or property of the public, because of its location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance. The owner of any such tree, or the receipt of written notice from such Commissioner, or if such owner be a nonresident of the City on publication of notice in a daily newspaper of general circulation within the City, shall, within the time stated in such notice, remove such tree, or shrub, or correct the condition stated in such notice. Should such owner after such service or publication and the lapse of time therein stated fail, refuse or neglect to remove such tree or correct such condition thereof, the Commissioner of Parks, Forestry and Open Space Planning shall cause such work to be done as may be required for the preservation and protection of the life, health, comfort and property of the public, and the cost of such work shall be assessed against the property on which the work is done.
is repealed.
SECTION 16. That a new Toledo Municipal Code §917.08 is enacted to state as follows:
§917.08. Certain trees declared public nuisances.
Any tree or shrub or part thereof growing upon private property but overhanging or interfering with the public use of any public street or way in the City, or which in the opinion of the Director of Public Service endangers the life, health, safety, comfort, or property of the public, because of its location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance. The owner of any such tree, or upon the receipt of written notice from such Director, or if such owner be a nonresident of the City on publication of notice in a daily newspaper of general circulation within the City, shall, within the time stated in such notice, remove such tree, or shrub, or correct the condition stated in such notice. Should such owner after such service or publication and the lapse of time therein stated fail, refuse or neglect to remove such tree or correct such condition thereof, the Director of Public Service shall cause such work to be done as may be required for the preservation and protection of the life, health, comfort and property of the public, and the cost of such work shall be assessed against the property on which the work is done.
SECTION 17. That a new Toledo Municipal Code §917.09 which states as follows:
§917.09. Permits for public utility installations.
All permits which are hereafter needed for the installation of public utilities shall be certified by the Commissioner of Parks, Forestry and Open Space Planning. When a permit is given by such Commissioner to any telephone, telegraph, electric power or other public utility company, to trim or perform other operations affecting trees or shrubs, the amount of such trimming, or the extent of such other operations shall be limited by the actual necessities of the service of such utility company and all such work shall be done in a workmanlike manner and in accordance with the requirements prescribed by the Commissioner of Parks, Forestry and Open Space Planning.
is repealed.
SECTION 18. That a new Toledo Municipal Code §917.09 is enacted to state as follows:
§917.09. Permits for public utility installations.
All permits which are hereafter needed for the installation of public utilities shall be certified by the Director of Public Service. When a permit is given by such Director to any telephone, telegraph, electric power or other public utility company, to trim or perform other operations affecting trees or shrubs, the amount of such trimming, or the extent of such other operations shall be limited by the actual necessities of the service of such utility company and all such work shall be done in a workmanlike manner and in accordance with the requirements prescribed by the Director of Public Service.
SECTION 19. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide accurate and complete standards for use by property owners.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council