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Title 12
STREETS, SIDEWALKS
AND PARKS
Chapters:
12.04 Street and Alley Regulations
12.08 Sidewalk Maintenance and Repair
12.12 Snow and Ice Removal
12.16 Use of Sidewalk
12.20 Private Driveways
12.24 Park Regulations
12.26 Skateboard Park
12.28 Trees and Plants
Chapter 12.04
STREET AND ALLEY
REGULATIONS
Sections:
12.04.010 Hauling material –
Precautions required.
12.04.011 Definitions.
12.04.013 Permit required –
Exception.
12.04.014 Application – Bond
– Requisites – Amount.
12.04.016 Insurance – Type –
Amount – Requisites.
12.04.018 Permit –
Application – Fees.
12.04.019 Safety devices and
barriers required.
12.04.020 Routing of traffic
during construction.
12.04.022 Prosecution of
work – Inspections.
12.04.024 Construction
standards.
12.04.026 Restoration of
surface – Failure to – City’s right to – Procedure.
12.04.028 Violations –
Penalty.
12.04.030 Playing in street
in business district prohibited.
12.04.040 Obstructions on
street and sidewalks.
12.04.050 Obstructions in
gutters.
12.04.010 Hauling material –
Precautions required.
No person shall haul any dirt, stone,
gravel, manure, or other substance or refuse upon any of the
streets or alleys of the city unless his wagon or conveyance
is so constructed with sideboard and end gates of sufficient
height and capacity as to prevent the contents thereof from
dropping or spilling. (Ord. 91 § 41, 1913).
12.04.011 Definitions.
For the purpose of this chapter the
following words, terms and phrases are hereby defined and
shall have the meaning herein given to them.
A. “Public works coordinator” shall
mean the public works coordinator or his duly authorized
representative.
B. “Streets and alleys” shall mean and
include streets, alleys, sidewalks, curbs, roads, highways,
thoroughfares, parkways, bridges, viaducts, public grounds,
public right-of-way and public improvements within the city
of Cashmere.
C. “Maintenance, maintaining or
maintained” shall mean the relaying, repairing, replacing,
examining, testing, inspecting, removing, digging and
excavating and restoring operations incidental thereto.
D. “Permittee” shall mean any person,
company, partnership or corporation or its successors and
assigns holding a permit to dig, excavate in, construct,
lay, maintain and operate over, across, upon, along and
under the present and future streets, alleys, sidewalks,
curbs, roads, thoroughfares, parkways, bridges and public
property and other places in the city of Cashmere.
E. “Person” shall mean any person,
firm, association or corporation. (Ord. 987 § 2, 2001; Ord.
91 § 42, 1913).
12.04.013 Permit required –
Exception.
It shall be unlawful for any person to
dig up, break, excavate, tunnel, undermine, cut, or in any
way obstruct or disturb any streets and alleys in the city
of Cashmere or to till or plow in, place, leave or deposit
in or upon any streets or alleys any earth, refuse, gravel,
rock or other material or thing tending to obstruct, disturb
or interfere with the free use of the same without first
having obtained a permit and without complying with the
provisions of this chapter; provided, however, that in case
of any emergency arising other than during normal office
hours, when an immediate excavation may be necessary for the
protection of public or private property, the same shall be
reported to the police department and the necessary
excavation may be made upon the express condition that an
application be made in the manner herein provided on or
before noon of the following business day. (Ord. 987 § 3,
2001; Ord. 91 § 42, 1913).
12.04.014 Application – Bond
– Requisites – Amount.
Permittee shall make application to the
public works coordinator for a permit and in connection
therewith shall file a bond in the minimum sum of $10,000,
or such other sum as is established by the city
administrator, conditioned on faithful performance of the
terms of the permit and holding the city of Cashmere
harmless from any loss, damage, cost or expense of any
nature which may accrue to or be asserted against the city
of Cashmere by reason of any activities of permittee, its
successor or assigns under this chapter.
In addition, said bond shall also be
conditioned that permittee will comply with all of the
provisions of this chapter and in case the permit authorizes
cutting into or under any streets or alleys in the city,
said bond shall be further conditioned that the person
acting under said permit shall replace the portion of said
streets and alleys affected thereby and shall restore the
same at permittee’s expense to as good or better condition
within the time specified by the public works coordinator
and that said permittee will maintain such street or alley
so restored for a period of two years from and after such
restoration. Settlement of the street or alley within a
two-year period from the time the original work is completed
shall be considered conclusive evidence of defective
backfilling by the permittee. Acceptance of the work by the
public works coordinator shall not prevent the city from
making claim against the permittee for uncompleted or
defective work if the same is discovered within two years of
said acceptance. The fact that an inspector was present
during the progress of any construction shall not relieve
the permittee from responsibility for defects discovered
after the completion of the work. (Ord. 987 § 4, 2001; Ord.
91 § 42, 1913).
12.04.016 Insurance – Type
– Amount – Requisites.
Permittee shall at the time of applying
for a permit as herein provided agree to indemnify and save
the city harmless from any and all liability, loss, cost,
damage or expense from accident or damage, either to himself
or to persons and property of others, which may occur by
reason of the exercise of the rights and privileges granted
under said permit, and shall, for the purpose of carrying
out the provisions of this section, and prior to commencing
construction of any kind, have in full force and effect and
filed evidence thereof with the city administrator, a good
and sufficient policy (or policies) of insurance in a
minimum amount of $1,000,000 per occurrence covering both
personal injury and property damage with said policy (or
policies) to be executed by an insurance company (or
companies) authorized and qualified to do business in the
state of Washington, naming the city as an additional
insured, conditioned to indemnify and save harmless the city
from and against any and all claims, actions, suits,
liability, loss, costs, expense or damage of any kind or
description which may accrue to or be suffered by anyone by
reason of the erection, construction, reconstruction,
relocation, replacing, readjustment, repair, maintenance or
operation authorized pursuant to said permit or by reason of
anything that has been done or may be done by the permittee
hereunder which may in any way cause liability by reason
thereof, said policies to remain in full force and effect
during the exercise of the rights and privileges granted
herein to permittee, its successors or assigns. (Ord. 987 §
5, 2001; Ord. 91 § 42, 1913).
12.04.018 Permit –
Application – Fees.
A. Application for a permit shall be
made to the public works coordinator on forms provided by
him. With reference to public utilities, telephone and cable
TV hereinafter shall be referred to as “utilities.” The
coordinator of public works may adopt rules and regulations
not inconsistent with this chapter authorizing a permit for
such utilities when utilizing such utilities’ own work force
on a project or planned seasonal basis. All other applicants
shall seek permits on a project basis only.
B. The application shall be accompanied
by plans, profiles and specifications of sufficient detail
to allow the public works coordinator or his/her authorized
representative to:
1. Understand the nature of the work,
the exact location, and the extent of the work;
2. Make a determination that, if the
permit is issued, the street and alley will be restored to
the requirements of the city; and
3. Have an accurate record of the type
and location of the facility being installed in and/or under
the roadway.
In addition, the public works
coordinator may require additional drawings, surveys and
plans as he deems necessary to determine whether the
proposed work conforms to standard specifications of the
city and sound engineering and design practices.
C. Upon receipt of the approved
application and such other requirements as he deems
necessary, together with the appropriate payment of a fee,
the public works coordinator shall issue the permit.
D. Permit fees shall be set by
resolution of the city council and shall be published in the
city of Cashmere general information and utility regulations
and rates booklet, adopted by Resolution 11-94 on September
26, 1994. (Ord. 987 § 6, 2001; Ord. 91 § 42, 1913).
12.04.019 Safety devices
and barriers required.
In case any public street, alley,
pavement, curb, sidewalk or like improvement shall be dug
up, excavated, undermined, cut or disturbed, the permittee
shall cause to be erected and distributed, and at all times
maintained throughout such excavation work, such barriers,
lights, signs, flagmen and other safety devices as may be
required by the public works department and the police
department of the city, and in accordance with all state and
federal standards, and failure to do so shall constitute a
violation of this chapter. (Ord. 987 § 7, 2001; Ord. 91 §
42, 1913).
12.04.020 Routing of
traffic during construction.
During construction, traffic shall be
maintained at all times so as to cause as little
inconvenience as possible to the occupants of abutting
property and to the general public; provided, that the
public works coordinator may permit the closing of streets
or alleys to all traffic for a designated period of time if,
in his opinion, it is necessary. The permittee shall route
and control all traffic, including its own vehicles, as
directed by the police department. Before any street or
alley may be closed or restricted to traffic, permittee must
receive the approval of the public works coordinator. (Ord.
987 § 8, 2001; Ord. 91 § 42, 1913).
12.04.022 Prosecution of
work – Inspections.
A. Once work under the permit is
commenced, permittee shall diligently complete the work in
such a manner as to be of a minimal inconvenience to public.
B. Inspections of the work shall take
place by the public works field supervisor as follows:
1. Prior to placement of crushed rock;
2. Prior to placement of temporary
patch and/or first lift of permanent patch;
3. After placement of second lift of
permanent patch; and
4. Additional inspections – no call
required:
a. Eight to 12 months after completion;
and
b. Twenty to 24 months after
completion. (Ord. 987 § 9, 2001; Ord. 91 § 42, 1913).
12.04.024 Construction
standards.
A. All work performed under a permit as
authorized herein shall be pursuant to the latest edition of
the Cashmere design standards manual for road and street
construction as adopted by the city. In addition, work
performed under the permit shall meet the following
requirements:
1. All street cuts and/or trenches
shall be permanently or temporarily patched prior to opening
the street to vehicle traffic, except when a flagger(s) is
continuously present;
2. All pavement cuts shall be made with
a saw and shall be re-cut after placement of top rock.
Crushed rock surfacing shall be a minimum of eight inches
wider on each side of the original cut, or greater if
necessary, as determined by the public works coordinator;
3. Final asphalt shall be placed
pursuant to the Cashmere design standards manual for the
designated class of street;
4. Crushed rock shall be placed
pursuant to the Cashmere design standards manual for the
designated class of street;
5. All asphalt-repaired sections shall
be rectangular and not irregular in shape as determined by
the public works coordinator;
6. In cases where a trench is generally
running parallel to the roadway and more than 100 feet in
length, the permittee shall remove the existing roadway to
the outer edge of the roadway in such cases where the outer
edge of the permittee’s trench is within four feet of the
edge of the roadway;
7. In cases where trenches are
generally perpendicular to the roadway, such as side
services, and the number is such that it represents more
than one trench per 75 feet of street for a given block and
the total number of trenches exceeds eight, the permittee or
entity owning or operating the utility for which the service
lines are being installed shall be required to:
a. Overlay the street if the existing
surface pavement is less than five years old; and
b. Pay to the city a sum representing
33 percent of the cost of an overlay based on the most
current overlay project cost to the city if the existing
surface is between five and nine years old;
8. The city reserves the right to
require the permittee to overlay all or any portion of the
roadway in such case as the roadway (old bituminous streets)
is so fragile that the work of the permittee will, or has,
destroyed the integrity of the roadway;
9. All manholes, water valves, etc.
shall be adjusted to final grade after patching is complete
in accordance with the city of Cashmere standards design
manual. (Ord. 987 § 10, 2001; Ord. 91 § 42, 1913).
12.04.026 Restoration of
surface – Failure to – City’s right to – Procedure.
If the permittee shall have failed to
restore the surface of the streets and alleys to their
original and proper condition upon the expiration of the
time fixed by such permit or upon the completion of the work
allowed to be done under such permit, the public works
coordinator shall if he deems it advisable have the right to
do all work and things necessary to do so. The permittee
shall be liable for the expense thereof upon the bond filed
at the time of granting the permits, and the city shall have
a cause of action for all fees, expenses and amounts paid
out upon such work; provided, that in any case, it shall be
the duty of the permittee to guarantee and maintain the area
disturbed for two years after returning it to its original
condition; provided further, that if, in the judgment of the
public works coordinator, it is not expedient to replace the
pavement over any cut or excavation made in any street or
alley upon the completion of the work allowed under such
permit, by reason of the looseness of the earth or weather
conditions, he may direct the permittee to lay a temporary
pavement of wood or other suitable material designated by
him over such cut or excavation, to remain until such time
as the repair of the original pavement may be properly made,
and in case of the failure of the permittee to commence in
good faith the replacing of such temporary pavement within
five days after the date of such notice, the public works
coordinator may lay such temporary pavement himself and
collect the cost thereof from the permittee in the manner
hereinbefore provided. (Ord. 987 § 11, 2001; Ord. 91 § 42,
1913).
12.04.028 Violations –
Penalty.
Any person, partnership, association,
firm or corporation who violates or fails to comply with
this chapter is guilty of a civil infraction and is subject
to the civil penalties, remedies and corrective actions as
set forth in Chapter 14.13 CMC, which remedies are
cumulative, not alternative remedies, and are in addition to
any other remedy to which the city may be entitled by law. (Ord.
987 § 12, 2001; Ord. 91 § 42, 1913).
12.04.030 Playing in street
in business district prohibited.
No person shall play any game of ball
or throw to and fro any ball or other thing in any street in
the business district of the city. (Ord. 91 § 43, 1913).
12.04.040 Obstructions on
street and sidewalks.
No person shall deposit any building
material or other matter, or erect or move any building in
any street or alley so as to seriously or unnecessarily
impede traffic, or remove any part of any public sidewalk
without express permission of the city engineer, or leave
any such material or building in any street or alley or any
opening in any public sidewalk for any unnecessary length of
time or during the nighttime without maintaining such lights
or guards as to insure safety of travel, or explode any
giant powder or other explosive without taking such
precautions to secure any person or property from injury. (Ord.
91 § 44, 1913).
12.04.050 Obstructions in
gutters.
It is unlawful for any person to
deposit or suffer to be deposited, or, when falling, placed
or put therein to leave or suffer to be left any snow, ice,
dirt, rubbish or other substance in any of the gutters of
the public streets of the city so as to prevent the free
flow of the water in the gutter abutting upon the property
owned or occupied by him or them. (Ord. 91 § 61, 1913).
Chapter 12.08
SIDEWALK MAINTENANCE
AND REPAIR
Sections:
12.08.010 Responsibility of
property owner.
12.08.020 Notice to clear or
repair.
12.08.030 Assessment.
12.08.010 Responsibility of
property owner.
Whenever any street, lane, square,
place, or alley in the city has been improved by the
construction of a sidewalk or sidewalks along either or both
sides thereof, the duty, burden, and expense of maintenance,
repair, and renewal of such sidewalk or sidewalks shall
devolve upon the property directly abutting upon the side of
such street, lane, square, place, or alley along which such
sidewalk has been constructed, as provided in this chapter.
(Ord. 304 § 1, 1950).
12.08.020 Notice to clear
or repair.
Whenever in the judgment of the officer
or department of the city charged with the inspection and
care of sidewalks the condition of any sidewalk is such as
to render the same unfit or unsafe for purposes of public
travel, the officer or department shall thereupon serve a
notice on the owner of the property immediately abutting
upon the sidewalk, apprising the owner of the condition of
the sidewalk, instructing the owner to clear, repair, or
renew the same. Such notice shall be served in the manner
prescribed in Section 9331, Remington’s Revised Statutes of
Washington, and shall specify a reasonable time within which
cleaning, repairs, or renewal shall be executed by the said
owner, and shall state that, in the case the owner fails to
do so within the time specified, the officer or department
will proceed to do so, and will report to the city council
at its next regular meeting or as soon thereafter as
possible, the date to be definitely stated, an assessment
roll specifying the parcel of land abutting on the portion
of the sidewalk so maintained, repaired, or renewed, the
cost of the same, the name of the owner if known, and that
on said date the council will hear any or all protests
against the proposed assessment. (Ord. 304 § 2, 1950).
12.08.030 Assessment.
The city council shall, at the time in
the notice designated or at an adjourned time or times,
assess the cost of such work against the abutting property
in accordance with the benefits derived therefrom, which
charge shall become a lien upon said property and shall be
collected by due process of law. All property having a
frontage upon the sides or margin of any street, lane,
square, place, or alley shall be deemed to be abutting
property and the same shall be chargeable as provided by
this chapter for all costs of maintenance, repairs, and
renewal of any form of sidewalk improvement between the
street margin and any roadway lying in front of or adjacent
to such property. “Sidewalk” includes any and all structures
or forms of street improvement included in the space between
the street margin and the roadway. (Ord. 304 § 3, 1950).
Chapter 12.12
SNOW AND ICE REMOVAL
Sections:
12.12.010 Required when.
12.12.020 Removal by city –
When.
12.12.030 Removal by city –
Costs to owner.
12.12.010 Required when.
All snow or ice falling, remaining, or
being upon the sidewalks or any sidewalk of or in and for
the city shall be removed from the sidewalk or sidewalks by
the person or persons, firm or corporation owning or
occupying the lot or lots, property or parcel of land
adjacent to or abutting upon the sidewalk or sidewalks
within 24 hours after the same has fallen or been placed or
put thereon, or being thereon. Any person violating any
provision of this chapter is guilty of a misdemeanor and
upon conviction shall be punished in accordance with CMC
1.20.010. (Ord. 583 § 1, 1979; Ord. 56 § 1, 1908).
12.12.020 Removal by city –
When.
If any person, persons, firm or
corporation fails or refuses to remove the snow or ice from
the sidewalks adjacent to or abutting upon his or their
lots, property or parcel of land within the city as provided
for in CMC 12.12.010, it shall be lawful for the city,
through the city marshal or other officer, when directed to
do so, to remove the snow and ice or cause the same to be so
removed (Ord. 56 § 2, 1908).
12.12.030 Removal by city –
Costs to owner.
When any snow and ice are removed from
any of the sidewalks in the city by the city, as provided
for in CMC 12.12.020, the costs and expenses of removing the
snow and ice shall be charged against the owner or owners of
the property adjacent to and abutting upon the sidewalk or
sidewalks, where violation of this chapter takes place, and,
if not paid by said owner or owners, shall be returned as a
tax levied by the city against the property, lot, or parcel
of land, and collected in the same manner as other taxes of
the city are by law collected. (Ord. 56 § 3, 1908).
Chapter 12.16
USE OF SIDEWALK
Sections:
12.16.010 Prohibited acts.
12.16.010 Prohibited acts.
It is unlawful for any person to ride,
drive or lead any animal, or move or propel any vehicle,
except a light carriage for the conveyance of children,
invalid chairs or light hand pushcarts propelled only by a
human being along or over any sidewalk, said carts not to
exceed three feet in width, and wheels thereof to be shod
with rubber tires, upon demand of the city council duly
made, and to be used by the owner or person in possession
thereof in such a manner as not to interfere with the free
use and enjoyment of the sidewalk by foot pedestrians,
unless for the purpose of necessarily crossing the same; or
to cross any sidewalk with a heavy load without effectually
protecting the sidewalk by plank or similar device; or to
let any vehicle or animal stand on any sidewalk; or to
throw, split, or cut firewood, lumber or brick, rock or
stone, or mix mortar on any sidewalk; or to leave or to
place any goods, boxes or merchandise of any kind on any
public sidewalk so as to obstruct the passage of pedestrians
over and along the same; or to use any sidewalk at any time
for displaying or storing purposes, or occupy part of any
street, alley or sidewalk with any wagon, stand, table or
device for show purposes, or for sale of goods, wares or
merchandise of any kind without securing a public license to
do so; or open boxes of goods, wares or merchandise, on any
sidewalk or any public place in the city; or to pile wood,
boxes, lumber or other material upon any of the sidewalks,
streets, alleys, or public places except as provided for in
building permits. (Ord. 99 § 1, 1914; Ord. 91 § 48, 1913).
Chapter 12.20
PRIVATE DRIVEWAYS
Sections:
12.20.010 Permit – Required.
12.20.020 Permit – Plan
approval prerequisite.
12.20.030 Liability
agreement required.
12.20.010 Permit – Required.
It is unlawful for any person, firm, or
corporation to break the curbing and/or sidewalk or any part
thereof or to place any obstruction upon any sidewalk in the
city in the construction of a private driveway on or across
the same, or to use any sidewalk for a driveway without
first obtaining a permit to do so from the superintendent of
utilities of the city. (Ord. 540 § 1, 1977; Ord. 234 § 1,
1936).
12.20.020 Permit – Plan
approval prerequisite.
No application for a permit to
construct a private driveway over or across a sidewalk in
the city shall be granted until plans and specifications for
the construction of the same shall have been approved by the
building inspector. (Ord. 234 § 2, 1936).
12.20.030 Liability
agreement required.
No permit for the use of a sidewalk for
a driveway or the construction of a driveway over such
sidewalk shall be granted without the written agreement of
the owner of the premises served by such driveway agreeing
to save the city harmless for all damages sustained to
persons or property by reasons of the use of such sidewalk
as a driveway, and further agreeing to maintain the same and
restore such sidewalk to its former condition. (Ord. 234 §
3, 1936).
Chapter 12.24
PARK REGULATIONS
Sections:
12.24.010 Park hours
designated.
12.24.020 Littering
prohibited.
12.24.030 Civil penalties.
12.24.010 Park hours
designated.
It is unlawful to camp in any park of
the city or to remain, stay, or loiter in any park between
10:00 p.m. and 6:00 a.m., except that overnight use of parks
may be permitted for special purposes upon approval by the
mayor. (Ord. 574 § 1, 1978; Ord. 481 § 1, 1974).
12.24.020 Littering
prohibited.
It is unlawful to throw any refuse,
garbage, broken glass, crockery, nails, shrubbery,
trimmings, junk, or advertising matter in any park or to
deposit any such material therein except in designated
receptacles. (Ord. 481 § 2, 1974).
12.24.030 Civil penalties.
Any person violating any provision of
this chapter shall pay a civil penalty of $50.00 for the
first offense, a civil penalty of $100.00 for the second
offense, and a civil penalty of $250.00 for the third
offense or any subsequent offense. (Ord. 904 § 1, 1997).
Chapter 12.26
SKATEBOARD PARK
Sections:
12.26.010 Purpose.
12.26.020 Bicycles and
scooters prohibited.
12.26.030 Littering
prohibited.
12.26.040 Graffiti
prohibited.
12.26.050 No structures
allowed other than city approved equipment.
12.26.060 Alcohol and
illegal substances prohibited.
12.26.070 Civil penalties.
12.26.010 Purpose.
The purpose of this chapter is to
provide guidelines for use of the city’s Skateboard Park,
its facilities and equipment and to establish penalties for
violation of this chapter. (Ord. 1013 § 1, 2002).
12.26.020 Bicycles and
scooters prohibited.
The use of bicycles, scooters,
tricycles, or any similar wheeled device except skateboards
or rollerblades for which the Skateboard Park equipment was
intended is hereby prohibited. (Ord. 1013 § 1, 2002).
12.26.030 Littering
prohibited.
It is unlawful to throw any refuse,
garbage, waste, broken glass, crockery, nails, shrubbery,
trimmings, junk, or advertising matter in any park or to
deposit any such material therein except in designated
receptacles. (Ord. 1013 § 1, 2002).
12.26.040 Graffiti
prohibited.
It shall be unlawful for any person to
write, paint or draw upon any wall, pavement, fence, gate,
or other structure, tree, or other real or personal property
in the Skateboard Park, any drawing, inscription, figure or
mark of the type which is commonly known and referred to as
“graffiti.” (Ord. 1013 § 1, 2002).
12.26.050 No structures
allowed other than city approved equipment.
It shall be unlawful for any person to
erect or construct either permanent or temporary ramps,
jumps, bars or other equipment not approved by the city. (Ord.
1013 § 1, 2002).
12.26.060 Alcohol and
illegal substances prohibited.
It shall be unlawful to possess or
consume alcoholic beverages or illegal substances within the
Skateboard Park. (Ord. 1013 § 1, 2002).
12.26.070 Civil penalties.
Any person violating any provision of
this chapter is guilty of a civil infraction. Any person who
commits a civil infraction shall pay a penalty of $50.00 for
the first offense, $100.00 for the second offense, and
$250.00 for the third or any subsequent offense. (Ord. 1013
§ 1, 2002).
Chapter 12.28
TREES AND PLANTS
Sections:
12.28.010 Short title.
12.28.020 Purpose.
12.28.030 Definitions.
12.28.040 Enforcement
authority.
12.28.050 Tree committee -
Appointment - Advisory function.
12.28.060 Permission
required to plant or remove trees.
12.28.070 Master street tree
plan adopted.
12.28.080 Prohibited trees
and plantings.
12.28.090 Permit required to
cut, prune or spray vegetation - Exception.
12.28.100 Exceptions to CMC
12.28.090.
12.28.110 Nuisances -
Owner's duty - Action by city.
12.28.120 Infected or
infested plant materials - Inspection and removal authority.
12.28.130 Prohibited acts.
12.28.140 Blanket permits
for public utilities.
12.28.150 Permit - Contents
- Expiration.
12.28.160 Interference with
superintendent prohibited.
12.28.170 Appeals.
12.28.180 Master tree plan.
12.28.010 Short title.
The ordinance codified in this chapter
shall be hereafter referenced to and cited as the "Tree
Ordinance of the City of Cashmere, Washington." (Ord. 488 §
2, 1975).
12.28.020 Purpose.
It is for the best interest of the city
and of the citizens and public thereof that a comprehensive
master plan for planting and maintenance of trees in public
places within the city is adopted for the purpose of
developing and providing such a plan and program, and for
the purpose of establishing rules and regulations relating
to the planting, care and maintenance of such trees. (Ord.
488 § 1, 1975).
12.28.030 Definitions.
As used in this chapter, the words and
phrases in this section have the meanings ascribed to them
as follows:
A. "Owner" includes the legal owner of
real property fronting any highway, street of the city, or
park, and any lessee of such owner.
B. "Park" includes all public parks
having individual names.
C. "Persons" includes all firms,
associations, corporations, and persons connected with such
firms, associations, and corporations.
D. "Public places" includes all other
grounds owned by the city.
E. "Street" or "highway" includes all
lands lying between the so-called property lines on either
side of all public streets, roads, boulevards and alleys or
parts thereof.
F. "Superintendent of utilities" means
the superintendent of utilities of the city.
G. "Trees and shrubs" includes all
woody vegetation now and hereafter growing on any public
street or highway or public place. (Ord. 488 § 4, 1975).
12.28.040 Enforcement
authority.
The mayor and the city council, through
the superintendent of utilities or his duly authorized
representative, shall have full power, authority,
jurisdiction and control of the planting, location and
placement of all trees in the public streets and areas of
the city and shall likewise have supervision, direction and
control of the care, trimming, removal, relocation and
placement thereof and shall be charged with the enforcement
of this chapter. (Ord. 488 § 3, 1975).
12.28.050 Tree committee -
Appointment - Advisory function.
The mayor and city council may annually
appoint a committee of not more than seven citizens to sit
as members of the tree committee. The tree committee shall
provide the mayor and the superintendent of utilities with
advice and information as to the supervision, direction and
control of the care, trimming, removal and relocation and
placement of vegetation in the public streets and areas of
the city. It is understood that the committee shall act in
an advisory capacity only. (Ord. 488 § 3, 1975).
12.28.060 Permission
required to plant or remove trees.
No trees or shrubs shall be placed in
or removed from any street, public parking strip or other
public place in the city without written permission from the
superintendent of utilities. (Ord. 488 § 5, 1975).
12.28.070 Master street
tree plan adopted.
All trees and shrubs planted in any
public parking strip or other public place in the city shall
conform as to species and location to the master street tree
plan which is codified in CMC 12.28.180. (Ord. 488 § 6,
1975).
12.28.080 Prohibited trees
and plantings.
It is unlawful to plant in any street
or other public place in the city any tree of the
cottonwood, box elder, Chinese elm, or poplar species or to
plant any shrubs or hedges in the streets or other public
places of the city, except that shrubs and hedges may be
planted in designated public parks. In the case of a corner
lot, existing hedges, shrubs, or any other plant material
within 30 feet of the street intersection shall be trimmed
and maintained so as not to stand more than three feet above
the level of the sidewalk. On corners where existing
embankments, retaining walls or other objects are placed, no
plant materials shall be planted unless by permit from the
superintendent of utilities. (Ord. 488 § 7, 1975).
12.28.090 Permit required
to cut, prune or spray vegetation - Exception.
It is unlawful and is prohibited for
any person other than the superintendent of utilities or his
duly authorized agent or deputy to cut, trim, prune, spray,
brace, plant, move, or replace any tree in any public street
or other public place within the city, or to cause the same
to be done, unless and until written permit to do so shall
have first been obtained from the superintendent of
utilities. Any such permit may be declared void by the
superintendent if its terms are violated. Nothing in this
section shall be construed so as to apply to the removal,
under the direction of the city engineer's department, or
the department of public works, of any root, tree, shrub, or
plant or parts thereof when such removal is necessary for
the construction of any sidewalks, sewer or public
improvement, after having first notified the superintendent
of utilities; except, that the superintendent of utilities
shall give public notice of at least 30 days of the removal
of any root, tree, shrub, or plant or parts thereof. Such
notice shall be in the local legal newspaper and shall
afford citizens the opportunity to object to the removal of
such vegetation. Such notice requirement shall be suspended
when an emergency situation exists. (Ord. 488 § 8, 1975).
12.28.100 Exceptions to CMC
12.28.090.
No person other than an owner or public
utility may do any act for which a permit is required under
CMC 12.28.090 except a person whose principal business is
tree surgery, trimming or maintenance and who, in the
opinion of the superintendent of utilities, is qualified for
such business or who has obtained a permit and paid the
required license fee to carry on such business in the city.
(Ord. 488 § 9, 1975).
12.28.110 Nuisances -
Owner's duty - Action by city.
Any tree growing on a public alley,
street or highway, but so located as to extend its branches
over a public alley, street, or highway, shall be so trimmed
by the owner of the property on which the tree stands, or by
his agents, that there shall be a clear height of 12 feet
above the surface of the street, alley or highway and eight
feet above the surface of the sidewalks unobstructed by
branches, and such owner or his agents shall remove all dead
branches and stubs of such tree or trees which are or may
become a menace to travelers on the public highways,
streets, alleys or sidewalks of the city. Trees with roots
which are causing upraised sidewalk slabs or are similarly
causing trouble are declared a nuisance. If a tree or its
parts in any other way cause a hindrance to the general
public, or if it is considered troublesome, or in any way
may endanger the security and usefulness of any public
street, highway, alley, sewer or sidewalk, as determined by
the superintendent of utilities, it is declared to be a
public nuisance. If the owner of such private property does
not correct or remove such nuisances within a reasonable
time specified in writing by the superintendent of
utilities, the superintendent shall cause the nuisance to be
corrected or removed and the cost shall be assessed to such
owner. (Ord. 488 § 10, 1975).
12.28.120 Infected or
infested plant materials - Inspection and removal authority.
The superintendent of utilities may
inspect all trees, shrubs and logs upon any property within
the city limits. Upon discovering any such above mentioned
plant materials to be infested with any serious disease or
insects detrimental to the growth, health and life of such
plants or adjoining plants, the superintendent of utilities
shall at once notify in writing the owner, agent or occupant
of the premises whereon the same is located of the condition
thereof, and direct such person to eradicate, remove, and
destroy these plant materials. If the owner, agent or
occupant fails to comply within the time specified by the
superintendent of utilities, he shall correct such
conditions and the cost assessed to such owner, agent or
occupant. (Ord. 488 § 11, 1975).
12.28.130 Prohibited acts.
A. Except to abate a nuisance as
defined in this chapter, it is a violation of this chapter
to:
1. Fasten any sign, card, poster, wire,
rope or other material to or around or through any public
tree or shrub, or its guard, in the city, without a written
permit of the superintendent of utilities, except in
emergencies such as storms or accidents;
2. Deposit, place, store or maintain
upon any public area of the city any stone, brick, sand,
concrete or other materials which may impede the free
passage of water, air and fertilizer to the roots of any
tree or shrub growing therein;
3. Break, injure, mutilate, kill or
destroy any tree or shrub, or permit any fire to burn where
such fire will injure any portion of any tree or shrub in
any public area; no person shall permit any toxic chemical
to seep, drain or be emptied on or about any public tree or
shrub; no person shall knowingly permit electric wires to
come in contact with any public trees or shrubs unless
protected by approved methods; and no person shall attach
any electrical insulation to any public tree or shall
excavate any ditches, tunnels or trenches, or lay any drive
within a radius of 10 feet from any public tree or shrub
without first obtaining permission from the superintendent
of utilities. During building operations the builder shall
erect suitable protective barriers around public trees or
shrubs apt to be injured;
4. Permit any leaks to exist in any gas
pipes or mains laid beneath the surface of any street, alley
or public place in the city by any person, firm, or
corporation owning, maintaining, or operating such gas pipes
or mains, or permit any leaks to exist within 40 feet of any
tree now or hereafter growing in any street or public place
in the city, and in the event that leaks exist or occur in
such pipes or mains, it shall be the duty of the person,
firm, or corporation owning or operating such defective
pipes or mains to repair the same immediately, and stop such
leak in a manner so as to prevent a recurrence of the same,
and upon receiving written notice from the superintendent of
utilities calling the attention of such person, firm, or
corporation to the same.
B. Any person violating this section
shall be guilty of an infraction which shall be punished by
a fine of not more than $50.00 for the first offense and not
more than $100.00 for each subsequent offense. (Ord. 848 §
1, 1995; Ord. 488 § 12, 1975).
12.28.140 Blanket permits
for public utilities.
Upon application to the superintendent
of utilities by a telephone, telegraph, electric power or
public service corporation or utility, to trim trees, or
perform other operations affecting public trees or shrubs,
including the activities otherwise prescribed in CMC
12.28.100, or upon application of qualified contractors who
have entered into contracts with a telephone, telegraph,
electric power or other public service corporation or
utility to trim trees or perform other operations affecting
public trees or shrubs, the superintendent of utilities
shall grant a blanket permit, good until revoked for cause,
covering all tree trimming and other operations affecting
public trees or shrubs in the city by such telephone,
telegraph, electric power or other public service
corporation or utility or qualified contractor. The
superintendent of utilities shall be notified of when and
where such operations shall take place. The amount of such
trimming or extent of the other operations shall be done in
a neat, workmanlike manner, and according to generally
accepted practices. If necessary, the superintendent of
utilities may assign an inspector to supervise the
provisions of the permit and the cost of such service shall
be charged to the public service corporation or utility or
contractor at cost. (Ord. 488 § 13, 1975).
12.28.150 Permit - Contents
- Expiration.
Every permit granted by the mayor, or
his authorized agent, shall specifically describe the work
to be done under it and shall expire at the end of not
exceeding 60 days from the date of its issuance, except for
those permits issued under CMC 12.28.140. No charge shall be
made for any permit. (Ord. 488 § 14, 1975).
12.28.160 Interference with
superintendent prohibited.
No person shall prevent, delay or
interfere with the superintendent of utilities or any of his
assistants in the execution or enforcement of this chapter;
provided, however, that nothing in this chapter shall be
construed as an attempt to prohibit a public hearing or to
prohibit any remedy, legal or equitable, in any court of
competent jurisdiction for the protection of the property
rights by the owner of any property within the city. (Ord.
488 § 15, 1975).
12.28.170 Appeals.
Appeals from order made under this
chapter may be made by filing written notice thereof with
the city clerk-treasurer within 10 days after such order is
received, stating in substance that appeal is being made
from such order to the city council. The clerk-treasurer
thereupon shall call such appeal to the attention of the
city council at the next regular succeeding meeting, at
which meeting the appellant and the superintendent of
utilities may present evidence, unless a future date is set
for hearing the appeal. Action taken by the city council
after such a public hearing shall be conclusive. (Ord. 488 §
16, 1975).
12.28.180 Master tree plan.
It is the intent of the ordinance
codified in this chapter to accomplish the forestation and
reforestation of the public areas of the city of Cashmere
with species that are compatible with our locale and each
particular location. Placement of vegetation should be
consistent with the pedestrian and vehicular needs of our
community. Maintenance and care for the public trees, as
well as dissemination of information on the subject of tree
care and maintenance will be the responsibility of the city
of Cashmere and its designated representatives. (Ord. 488,
1975). |