HomeMy WebLinkAboutO-2005-011 Tree Abuse Amendment0 ORDINANCE NO. 2005-011
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING
CHAPTER 26, "VEGETATION", ARTICLE 111, "TREE ABUSE", OF THE
CITY CODE OF ORDINANCES TO ADD A NEW DEFINITION TO SECTION
26-35, "DEFINITIONS", TO INCLUDE NEGLECT OF CARE OF "SPECIMEN
TREES", DUE TO COMPETING INVASIVE VEGETATION AS A TYPE OF
"TREE ABUSE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Chapter 26, entitled "Vegetation", Article 111, entitled "Tree
Abuse", Section 26-35, entitled "Definitions", is amended to read as follows:
Sec. 26-35. Derinitions.
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(b) As used in this article the following words and terms shall be defined
as set forth herei below:
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Tree abuse: "Tree abuse" shall mean:
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(10) Over lifting a tree -,-or
(11) Shaping a tree-., or
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(12) Neglect of care and likely risk of loss due to such neglect of any specimen
tree, arising from overgrowth by competing, invasive vegetation such as, but not
limited to overgrowth by vines.
Section 2. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
& affect the validity of the remaining portions of this Ordinance.
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Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
�Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED and ADOPTED on first reading on April 26, 2005.
PASSED and ADOPTED on second reading on May 10, 2005.
ATTEST:
LOUISE STILSON
CITY CLERK
APPROVED AS TO FO
BY: �\ .,
THWA(k
CITY AJF
ORNEY
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ANNE CASTRO
MAYOR — COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON -YES
COMMISSIONER BERTINO — YES
COMMISSIONER MCELYEA - YES
VICE -MAYOR FLURY - YES
MAYOR CASTRO — YES
AND CORRECTNESS:
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2 ORDINANCE #2005-011
CITY OF DANIA BEACH
.11111BUTI-I
TO: Mayor and City Commission
CC: Ivan Pato, City Manager
Larry Leeds, Community Development Director
FROM: Tom Ansbro, City Attorney
DATE: April 15, 2005
RE: Proposed Amendment to Chapter 26, "Vegetation" of the City Code of
Ordinances
As briefly discussed at the April 12, 2005 City Commission meeting, attached is a
proposed ordinance amendment which will add a new provision to the City "Vegetation"
(landscaping) ordinances, pertaining to "tree abuse" (a phrase commonly used in municipal
and county landscaping ordinances). It will only apply to " specimen" trees, which are mature
trees that have significant value (such as a number of various types of mature palm trees as
well as oak trees which have at least a one foot trunk circumference when measured four and
one-half feet above grade).
This amendment has been reviewed by the City Landscape Consultant and the
Community Development Department; it is now ready for consideration and adoption by the
City Commission.
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Attachment
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on
May 10, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a
public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following
Ordinances entitled:
ORDINANCE NO. 2005-011
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 26,
"VEGETATION", ARTICLE 111, "TREE ABUSE", OF THE CITY CODE OF ORDINANCES TO ADD
A NEW DEFINITION TO SECTION 26-35, "DEFINITIONS", TO INCLUDE NEGLECT OF CARE
OF "SPECIMEN TREES", DUE TO COMPETING INVASIVE VEGETATION AS A TYPE OF
"TREE ABUSE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2005-013
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING MONETARY
THRESHOLDS FOR CERTAIN PURCHASES MADE ON BEHALF OF THE CITY AS
AUTHORIZED BY THE CITY COMMISSION, CITY MANAGER OR BOTH AND FOR CHECK
SIGNATURE AUTHORIZATIONS; CREATING SECTION 2-10 OF THE CITY CODE OF
ORDINANCES TO BE ENTITLED "MONETARY THRESHOLDS AND CHECK AUTHORIZATION
FOR CERTAIN PURCHASES AND CHECK AUTHORIZATION"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal
working hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the
proposed. Any person who decides to appeal any decision made by the City Commission with
respect to any matter considered at this hearing will need a record of the proceedings and for
such purpose may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to participate
in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting.
/s/ Louise Stilson
City Clerk
Run in Sun Sentinel: April 29, 2005