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Basic ordinance provisions (Provisions 1-15) 

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1. Title

2. Findings

Notes: This section is frequently used to present a list of benefits provided by trees and justify the local government's interest in protecting the tree resource. Findings from the evaluation of "what you have" might also be included in this section. 

3. Purpose and intent

Purpose: To set forth the goals to be achieved through the ordinance.

Notes: In this section, you should clearly state the goals you hope to achieve by enacting the ordinance. It is useful to establish goals which are quantifiable in some way. However, this approach has not been taken in most existing ordinances. The example text is derived from the goals discussed in Part 1. 

4. Definitions

Notes: It should become clear which terms require a definition as the ordinance is drafted. Communities have found it necessary to define what they mean by such words as "tree", "street tree", "prune", "Director", "damage", "parkway" and many others. Sometimes a useful technique, illustrated in the example text, is to include in the definition what is not covered by the term. 

5. Determination of definitions

Notes: The application of many provisions may hinge on the definitions of key terms. This provision reduces the chance that ordinance enforcement could be challenged on the basis of specific definitions. 

6. Jurisdiction

Notes: The example is typical of street tree ordinances. Some cities claim jurisdiction over trees on private property under certain situations as well. 

7. Policies regarding trees

Notes: Whereas a goal is a statement of what you hope to achieve, a policy sets forth guiding principles to be followed in trying to achieve the goals. Stated policies may be helpful in interpreting and implementing ordinance provisions. 

8. Local government disclaims liability

Notes: Legal counsel should be consulted for an expert opinion on the drafting and validity of such clauses. A provision of this nature is usually included if a local government claims the authority to abate hazardous trees or regulate tree pruning and removal on private property. The first example is typical of a provision used in a street tree ordinance. 

9. Interference with planting, maintenance, and removal unlawful

Notes: This provision may be unnecessary if other portions of code restrict interference with public employees acting in their official capacities. 

10. Appeals

Key elements:

• Types of decisions subject to appeal
• Procedure for filing appeals
• Time limitations for appeals and responses to appeals
• Requirement to suspend actions during the appeal process
• Hierarchical sequence of appeals
• Rules governing the hearing process, unless provided for elsewhere

11. Penalty for violation

Key elements:

• Legal categorization of violations
• Specific penalties, if not provided for elsewhere
• Legal means for stopping and correcting situations which constitute violations

Notes: Depending on the nature and complexity of the tree ordinance, penalties for violations may be listed in a single provision or in several different parts of the ordinance, and the penalties may be simple or complex. A simple tree ordinance may address one issue (e.g., protection of trees in the public right of way), so one simple penalty provision may suffice.

In Maryland, operating a tree care businesses without a state license is designated as a "must appear" offense, i.e., the perpetrator must appear in court and cannot simply send in the fine. This additional burden presumably increases the deterrent value of the penalty. The following example lists a set of specific remedies required for violation of provisions prohibiting "tree abuse", which includes topping and a number of other destructive practices (see provision 23). The required remedies generally seek to undo or mitigate the damage caused by the violation, rather than simply penalizing the violator. It also sets a time limit for the completion of remedial actions.

The responsibility for enforcement of the ordinance should be designated as described in provisions 12 (Enforcement) and/or 15 (Designate administrative responsibilities).

12. Enforcement

Notes: The authority designated to enforce the ordinance should always be indicated. However, a separate enforcement provision may not be necessary if the responsibility for ordinance enforcement is specified under provision 15 (Designate administrative responsibilities). It is normally preferable to vest enforcement authority with the tree program manager. 

13. Performance evaluation of ordinance

Key elements:

• Position responsible for evaluation and reporting (unless specified in provision 15-Designate administrative responsibilities)
• Actions required in case of unsatisfactory performance

When we wrote the original Guidelines in 1991, we provided the following example because we could not find examples of this type of provision in use: 

14. Severability

Notes: This provision is included in many ordinances as a matter of course. It is probably unnecessary to include in very short ordinances. 

15. Designate administrative responsibilities

Key elements:

• Position(s) responsible for implementing provisions of the ordinance
• Responsibilities assigned to each position
• Confirmation of authority necessary to carry out specified duties

Although it is preferable to centralize tree management under the tree program manager, other municipal departments or a citizen tree advisory board may have complementary responsibilities. Listing the responsibilities of all parties involved in the tree management program in one section makes it easier to avoid conflicting or overlapping responsibilities.

Tree program manager. As the lead position for the management of municipal tree resources, the tree program manager should be vested with the authority necessary to carry out his or her many responsibilities. The actual list of responsibilities will vary with each community, but may include:

• developing and updating the comprehensive management plan;
• implementing a monitoring program to evaluate whether goals are being met;
• directing municipal tree care operations, including planting, maintenance, and removal;
• preparing the municipal tree care budget;
• seeking funding from state, federal, or other granting agencies;
• evaluating and approving permits for activities that may affect trees;
• conducting community outreach and education programs;
• enforcing ordinance provisions.

In the first example, the Director of Public Works serves as the community forester. In this example, responsibility may exceed authority to some degree. 

We have tried to emphasize throughout this site that a well-informed and supportive populace is of critical importance to the community forestry program. The responsibility for conducting a public education program may be assigned either to the tree program manager or the tree commission. In either case, the provision should state the overall goals of the education/outreach program, as in this example. 

In small communities, the tree advisory board may act in lieu of a tree program manager, performing many of the administrative functions listed above. However, as an appointed body, the tree board is not normally in a position to enforce the tree ordinance on a day-to-day basis. In such situations, enforcement responsibility should be assigned to a municipal staff position (see provision 12, Enforcement).