City Ordinance concerning Tree Care Businesses
TITLE
5
BUSINESS
LICENSES AND REGULATIONS
5.04.030 Types of businesses, activities and events.
5.08.290 TREE MAINTENANCE BUSINESSES.
Every person to be licensed under this section must conform to the requirements
of Chapter 5.80 AND CHAPTER 12.16 concerning tree maintenance businesses.
Chapter
5.80
TREE MAINTENANCE BUSINESSES
5.80.010 Purpose-Authority-General
Provisions.
A. The purpose of this chapter is to regulate,
license and monitor activities of tree maintenance
businesses, involved in tree trimming and/or removal and tree care activities,
operating within the city for the health,
safety and welfare of the community's urban forestry system.
B. Authority is granted cities and towns
by Wyo. Stat. Section 15-1-103 (a) (xiii) and (xli) to regulate
and license certain business activities. General business licensing
provisions outlined in Chapter 5.04 apply
for license issuance and renewal procedures.
C. Persons licensed pursuant to this
chapter must also comply with applicable provisions of Chapter
12.16, trees and shrubs, of the city code.
5.80.020 License required-Application-Fee.
A. Any person owning or operating a
tree maintenance business who desires to provide services
within the city must first obtain a business license from the office
of the city clerk. Application, together
with a non-refundable annual license fee of seventy-five dollars ($75.00),
must be submitted to the office of city clerk on forms provided by the
city clerk. The application must contain
information requested upon the form as well as any required supporting
documentation.
B. The city clerk will refer applications
to the director of forestry, who will examine the applicant
either orally or in writing to determine the applicant's qualifications.
The director of forestry will file his
or her examination results or professional evaluation of the applicant's
qualifications with the city clerk within
five days of the examination or evaluation.
5.80.030 Licensee and
employee qualifications.
A. Effective April 1, 2006, all new
tree maintenance business applicants, and renewal licensees
holding a tree maintenance business license must submit proof to the
office of city clerk that the business
owner or an active full-time employee holds a current and valid certified
arborist or certified tree worker designation from the International
Society of Arboriculture.
B. Tree maintenance businesses involved only
in applying pesticides and fertilizers externally or internally
to trees and shrubs are exempt from the professional certification requirements
set forth in section A. above but must
submit proof to the director of forestry that any employees applying
pesticides or fertilizers, either internally or externally to trees
and shrubs, hold a valid and effective
Wyoming applicator certification from the Wyoming Department of Agriculture.
5.80.040 Insurance-required.
A. Prior to a business license being
issued, applicants must file with the office of city clerk proof
of commercial general liability insurance coverage from a carrier authorized
to do business within the state of Wyoming.
1. Commercial
general liability insurance coverage must be in the minimum amount of
one hundred thousand
dollars ($100,000.00) per occurrence with a minimum general aggregate
amount of three hundred thousand dollars ($300,000.00). The coverage
document must
list the city of Cheyenne, office of city clerk, as a certificate holder
and contain a
statement indicating that any notice of cancellation issued to the applicant
must also be provided in writing to the city clerk within thirty (30)
days of effectiveness.
B. If applicable, proof of workers'
compensation insurance coverage pursuant to Wyoming law must
also be provided.
5.80.050 Licensee responsibility.
A. Licensees will be responsible for
performing work activities in conformance with all applicable
city ordinances, including, but not necessarily limited to, chapter
12.16, trees and shrubs, of the city code,
and applicable Wyoming law.
B. The following provisions apply to licensee
operations:
1. Safety measures
and equipment must be utilized at all times to protect workers and the
public;
2. Adherence
to notices or orders issued from the director of forestry pertaining
to work activities
and operations;
3. Maintain
current physical and mailing business address information at the office
of the director
of forestry for use in providing any written or personal notification
necessary from
the director;
5.80.060 License suspension;
revocation.
A. The director of forestry may request that
the city attorney investigate and determine whether
to instigate proceedings for a license to be suspended or revoked for
the following reasons:
1. Violations
of city ordinances, including, but not necessarily limited to, the provisions
of this chapter
and/or chapters 5.04 and 12.16 of the city code, or Wyoming law;
2. Activities
and operations provided under a license demonstrating lack of knowledge or
education resulting
in unsafe or improper practices affecting employees, the public and/or
the intent of
the urban forestry program in protecting and preserving the community's
trees and shrubs.
3. Allowing
an unlicensed business or individual to operate under licensee's business
license.
B. In the event proceedings are instigated
for a license to be suspended or revoked, the provisions
of sections 5.04.100 and 5.04.110 of city code will apply.
5.80.070 Violation-Penalty.
Any person who violates the provisions of
this chapter and chapters 5.04 and 12.16 of city code will be deemed
guilty of a misdemeanor, punishable as provided by the general penalty
provision of the city code.
17.116.180 Transportation
requirements
B. Traffic Visibility Across Corner Lots:
A triangular space shall be provided across corner lots for adequate
sight visibility. If the City Engineer or County Engineer finds that
there are unusual circumstances, the requirements of this section may
be altered. The City Engineer or county Engineer may approve the location
of light or sign poles 12 inches or less in diameter in this triangle
if visibility is not hindered.
1. This space is to be kept free from
all obstructions to vision between the heights of 2½ and 12 feet
above the street grades. The responsibility lies on the landowner to
maintain this visibility.
2. The triangle is to be determined by a diagonal line drawn
across the lot fifteen (15) feet back along
the property lines from the intersection of the property lines.
3. These provisions do not apply to the CBD District.
