HomeMy WebLinkAboutORDINANCES-2005-046-O-05• 6/20/2005
6/16/2005
5/16/2005
4/4/2005
3/31 /2005
3/16/2005
3/15/2005
46-0-05
AN ORDINANCE
Amending Title 7, Chapter 8 of the
Evanston City Code to
Provide for an Elm Tree Injection Program
WHEREAS, the City of Evanston takes pride in its numerous
beautiful trees and has earned the designation of a Tree City U.S.A. for nineteen
consecutive years; and
• WHEREAS, trees are a benefit to the City and its citizens and
enhance the beauty and pride of the City of Evanston; and
WHEREAS, the City has, since the early 1960s, mounted an
aggressive sanitation program to arrest the spread of Dutch Elm Disease in
American elm and Red elm trees located in the City; and
WHEREAS, this Sanitation Program has included intense scouting
and inspection of all American and Red elm trees, the prompt testing of samples,
and the prompt removal of infected trees; and
WHEREAS, in 2004, there was a higher than average number of
incidents of Dutch Elm Disease among City American elm and Red
• elm trees; and
46-0-05
WHEREAS, from 1999-2003, the average parkway American elm •
and Red elm tree losses from Dutch Elm Disease were just under 3.5%
annually; and
WHEREAS, in 2004, the percentage of parkway American elms
and Red elms lost to Dutch Elm Disease increased to over 6.3%; and
WHEREAS, the City's current sanitation program for Dutch Elm
Disease is not obtaining the desired results of limiting the losses of parkway
American elm and Red elm trees to 3.5% or less annually; and
WHEREAS, the City Council has determined a more aggressive
approach to curtail Dutch Elm Disease must be adopted; and
WHEREAS, according to USDA Forest Service Forest Pathologist
Linda Haugen and Consulting Arborist Mark Stennes, many arborists have 0
successfully used the highest label dosage of Arbortect 20S on a two- (2-) to
three-. (3-) year rotation to protect high value elms from DED for fifteen (15)
years; -and
WHEREAS, the City Council plans to implement an Elm Tree
Injection Program to inoculate all healthy American elm and Red elm trees in City
parkways and in City parks with a diameter of thirty inches (30") or more; and
WHEREAS, trees on the parkways benefit property owners by
providing shade, a cooling effect, and energy savings during the summer
months; by improving air quality by filtering carbon dioxide; and by improving
property values; and
•
—2—
46-0-05
• WHEREAS, according to a University of Illinois at Urbana -
Champaign study in Chicago Public Housing by the University's College of
Agricultural, Consumer and Environmental Sciences, the greener the
surroundings, the fewer the crimes committed against people and property; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein.
SECTION 2: That Chapter 8 of Title 7 of the Evanston City Code,
1979, as amended, is further amended by adding the following new section:
7-8-7: TREATMENT OF PUBLIC ELM TREES:
• 7-8-7-1: DEFINITIONS:
(A) Parkway: For the purpose of determining the location of trees for the Elm
Tree Inoculation Program, the parkway is hereby defined as that area on the
public right-of-way bounded by the property line of the parcel which is contiguous
with the street right-of-way, the curb line of the street, and the extensions of the
property lines on each side of a parcel. If the parcel is adjacent to two or more
streets (corner properties, for example), the parkway includes all of the right-of-
way adjacent to the property.
(B) Root Graft Zone: This is the area where roots of adjacent elms may be
connected underground, and is defined as one and one-half (1-1/2) times the
distance from the trunk of the tree to the outer tips of the branch ends. This Root
Graft Zone extends in all directions from the trunk of the tree unless interrupted
by natural barriers such as streets or structures.
(C) Adjacent: Contiguous.
7-8-7-2: INJECTION PROGRAM: The City hereby establishes an Elm Tree
Injection Program for healthy American elm and Red elm trees on City property,
• including parkways as defined in 7-8-7-1(A) of the Code and parks (owned
and leased).
—3—
46-0-05
(A) Injections will occur every three (3) years.
•
(8) Injections will be done only on signature trees thirty inches (30") or more
in diameter.
(C) Injections will not be done on any public American elm or Red elm tree
located within the root graft zone of an adjacent private elm tree.
Exceptions to (C) above will be made if:
1) The owner of the adjacent private American elm and/or Red elm tree
agrees to have that private elm injected in conjunction with the injection of the
public elm at his/her own cost; or
2) The owner of the adjacent private American elm and/or Red elm tree
can show proof that the private elm tree was injected within the previous twenty-
four (24) months; or
3) The adjacent private American elm and/or Red elm tree is ten
inches (10") or more in diameter, and has been inspected and certified to be free
of Dutch Elm Disease prior to the injection of the public tree.
•
SECTION 3: That Section 7-8-6-6 of the Evanston City Code,
1979, pertaining to the penalty for violation of the Dutch Elm Disease provisions,
as amended, is further amended by deleting said Section in its entirety and
substituting in lieu thereof the following new Section:
7-8-6-6: PENALTY: Any person violating any provision of Sections 7-8-6-2
through 7-8-6-5 of this Chapter by failing, neglecting, or refusing to comply with
the provisions of any notice herein provided for, within thirty (30) days after
service thereof, or who shall resist or obstruct the City Manager or his or her duly
authorized representative in carrying out the provisions of this Chapter, shall be
prosecuted though the Administrative Adjudication system of the City and shall
be punished by a fine of not less than $50.00 (fifty and no/100 dollars) and no
more than $750.00 (seven hundred fifty and no/100 dollars) per day per violation.
SECTION 4: SEVERABILITY: If any provision, clause, sentence,
paragraph, section or part of the ordinance, or application thereof to any person •
—4—
46-0-05
•
•
•
or circumstance, shall for any reason be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair
or invalidate the remainder of the Ordinance.
SECTION 5: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 6: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner provided
by law.
Introduced: —I
Adopted: A
Attest:
r(4A-:"a �
Mary J M,�qity Clerk
App10 ied as to
ion Counsel `
, 2005
12005
Approved:
2 C
H. Morton, Mayor
, 2005
—5~
0
•