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Abingdon Town Code  View whole ordinance
Chapter 38 HEALTH AND SANITATION ARTICLE II. CONDITION OF PREMISES* Sec. 38-27. Weeds and trash declared public nuisance; abatement required. Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one acre in area natural vegetation growing more than 50 feet from every property line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with any respect to a parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel. (Ord. of 7-7-05; Ord. of 9-3-13) Sec. 38-28. Weeds and trash prohibited; duty of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provision of this section shall be deemed guilty of a Class 4 misdemeanor and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section. (Ord. of 7-7-05; Ord. of 9-3-13) Sec. 38-29. Notice of removal of weeds; preabatement hearing. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the town manager determines that a public nuisance exists with respect to any parcel, the town manager shall mail by United States postal service certified mail to the owner of the parcel at the owner's address, as determined by public records, written notice that there exists a public nuisance with respect to the parcel and demand the abatement of the nuisance within 14 days following the mailing of the notice. Such notice, when so addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities or if the owner's address is unknown, the town manager shall cause a copy of the notice to be posted in a conspicuous place on the parcel. The posting shall be accomplished at least seven days prior to abatement of the public nuisance with respect to that parcel. (b) The notice shall: (1) Be in writing; (2) Set forth the alleged violation of this article; (3) Describe the parcel of real property where the violations are alleged to exist or to have been committed; (4) Advise that if the weeds or trash are not removed within prescribed time, and that if the weeds and trash do not remain abated or removed, the town will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest authorized by this article being specially assessed against the owner and the parcel; (5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the town; and (6) Advise that within 14 days of the certified mailing of the notice or posting, whichever is applicable, the owner may appeal to the town manager stating in detail the reasons why the proposed action should not be take. (c) In the event the owner appeals the proposed abatement as provided for above, the town manager shall set a hearing and notify the owner of time and location of a hearing to be held within five says from the date of the town manager's receipt of the appeal. At any hearing, the town manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable. (d) Any notice sent by the town manager to any owner of a parcel which, because of weeds or trash, has been declared a public nuisance under this article and which notice otherwise complies with the requirements of this section, shall constitute complete and sufficient notice for any similar condition during the same period of April 1 until November 1 in the year which the notice was sent. (Ord. of 7-7-05; Ord. of 9-3-13)

Abingdon Town Code  View whole ordinance
Chapter 62 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE III. SIDEWALKS; CURBS; GUTTERS; DRIVEWAYS DIVISION 1. GENERALLY Sec. 62-62. Sidewalks to be kept clear of weeds. It shall be unlawful for any owner or occupant of premises in the town to allow weeds to accumulate on the sidewalks or borderway of sidewalks or alleys adjacent to such premises. (Code 1985, ? 16-4) Cross reference? Vegetation, ch. 78. State Law reference? Removal of weeds, Code of Virginia, ? 15.1-867.

Abingdon Town Code  View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION ARTICLE IV. PLANTING, MAINTENANCE AND PROTECTION OF PUBLIC TREES Sec. 78-11. Protection of public trees and shrubs, planting restrictions and removal of unsafe vegetation. The following provisions to protect public trees and provide protective regulations governing planting and removal of unsafe vegetation shall apply to all persons, including natural persons, independent contractors, public utility companies, public works and other town departments: (a) Trees endangered by excavation or construction. In the absence of a written waiver by the town arborist, any public tree located within 20 feet of any proposed (i) excavation, or (ii) construction of a building or other structure, or (iii) street work shall have its critical root zone protected from all building material, dirt or other debris which might be generated by the operation concerned. To accomplish such protection, the town arborist shall submit written instructions and the party responsible for the excavation, construction or work shall, in advance of commencing the operation, comply with such instructions by erecting a substantial fence, frame, shield or box not less than three feet high at a location calculated to protect the tree's critical root zone. (b) Trees endangered by public works and other ditches. Without prior notification of and discussion with the town arborist and strict adherence to the town arborist's instructions relative to tree protection, no person shall change the natural grade, excavate any ditches, tunnels, trenches, or lay any line, within ten feet of the critical root zone of any tree in any public area. Provided that (i) the town arborist is notified as soon as practical after the work is done and (ii) the particular operation would not increase the existing utilities beyond their original capacity, the provisions of subsection (b) shall not apply to any person performing emergency work to restore existing underground utilities within the same trench. (c) Trees put at risk by placement of materials on public property. No person shall deposit, place, store or maintain upon any public place any stone, brick, sand, concrete or other materials that might impede the free passage of air, water or fertilizer to the roots of any public tree. (d) Distance of certain trees from public sewers. Poplar, willow, American elm or cottonwood trees planted anywhere in the town after the effective date of this ordinance shall be placed at least 100 feet away from public sewers. (e) Planting in park or in or near public right-of-way. (1) Shade or ornamental trees. No shade or ornamental tree or shrub shall be planted in any public right-of-way or within five feet of such right-of-way or in any public park until such tree or shrub shall have first been approved and the place where it is to be planted designated by the town manager and a permit granted therefore. (2) Prohibited species. It shall be unlawful for any person to plant in any park or public right-of-way or within five feet of such right-of-way line the following trees: poplar, willow, cottonwood, fruit trees (except ornamental types), nut trees (except oak and hickory), ailanthus, mountain ash, mimosa, silver maple, American elm and sycamore maple. (f) Attaching rope, sign or other device. No person shall fasten any rope, wire, sign, poster, handbill or other device to a tree or shrub or to any guard about such tree or shrub on a public right-of-way or in a park. (g) Wires in right-of-way or park. (1) Protection of trees and shrubs. Every person having or maintaining any electric, telephone, telegraph or other wires running through a public right-of-way or park shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public right-of-way or park. (2) Consolidation. Persons having or maintaining any electric, telephone, telegraph or other wire running through a public right-of-way shall consolidate their wires so as to place as few poles as possible in the right-of-way and shall, whenever possible, place such poles in alleys, utility easements and along rear lot lines. (h) Trimming or cutting of overhanging trees. (1) The trimming or cutting of trees, the limbs of which overhang streets or sidewalks of the town, or trees located on the sidewalks or streets of the town, shall be done in the discretion and under the authority of the town manager and supervision of the town arborist. Such work shall be done in a proper manner with the least possible damage to the trees trimmed or cut. (2) Any person applying for the privilege of trimming or cutting trees to promote the efficiency of a public utility shall pay all expenses incident to such work. (3) It shall be unlawful for any owner of property adjacent to a street to obstruct or interfere with the cutting or trimming of trees under the provisions of subsection (h). (i) Vegetation impeding, etc., movement of vehicular or pedestrian traffic ? Generally. (1) Whenever it shall be determined by the department head of any department of the town that there is growing vegetation which impedes, hinders or makes unsafe the movement of either vehicular traffic or pedestrian traffic, the department head shall make a written report to the town manager, with copy to the town arborist, giving location and other pertinent information. Thereafter, the town arborist shall supervise any measures taken to correct the hazardous condition, as directed by the town manager. (2) The town manager shall forthwith notify the owner of the property where such vegetation exists and shall demand that the owner shall, within the space of ten days, either completely remove such vegetation or trim such vegetation to such an extent as to remove any hazard. Such notice shall be served personally on the owner of the property if he resides on the property or is a resident of the town; otherwise, such notice shall be served on the owner by registered or certified mail with provision made for a return receipt. If the property is rental property, a copy of such notice shall be served on one of the tenants occupying it. If the owner of the property is a nonresident of the state and has an agent within the state who collects the rents from the property or has control of the property, then service of the notice upon such agent shall constitute service upon the owner. If any person shall fail to comply with the terms of such notice for a period of ten days, then the town shall abate the nuisance and all costs or charges incurred in connection therewith and duly assessed may be collected by the town from the owner of the premises as taxes and levies are collected, or may be recovered by suit as any other debt. The failure, neglect or refusal of any such owner or agent to comply with the terms of any such notice shall be unlawful. Each 24 hours subsequent to the time limit provided for by this section shall be taken to constitute a separate offense. (j) Same?Lien for unpaid charges. Every charge authorized and duly assessed under subsection (i) shall, so long as it remains unpaid, constitute a lien against the real property in question. (k) Pruning, injuring, removing vegetation. No person shall, without a permit from the town manager, cut, prune, break, injure or remove any tree, shrub or plant on a public right-of-way or in a park or cut, disturb or interfere in any way with any root of a tree, shrub or plant on a public right-of-way or in a park. (l) Spraying or injecting. No person shall, without a permit from the town manager, spray or inject with any chemical any tree, shrub or plant on a public right-of-way or in a park. (m) Removing, injuring guards. No person shall, without a permit from the town manager, remove or injure any guard or device placed to protect any tree or shrub on a public right-of-way or in a park. (n) Closing or obstructing open space about base. No person shall, without a permit from the town manager, close or obstruct any open space provided about the base of a tree or shrub to permit the access of water, air and fertilizer to the roots of such tree or shrub on a public right-of-way or in a park. (o) Allowing harmful substances to come in contact with roots or leaves. No person shall, without a permit from the town manager, allow any gaseous, liquid or solid substances harmful to the trees or shrubs on a public right-of-way or in a park to come in contact with the roots or leaves of such trees or shrubs. (Ord. of 8-7-00)

Abingdon Town Code  View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION ARTICLE VI. ADMINISTRATIVE PROVISIONS Sec. 78-14. Penalties for violation. Unless specifically provided in this ordinance, the violation of any of Sections 78-10(b), 10(c), 11(a), 11(b), 11(c), 11(d), 11(e), 11(f), 11(h)(3), 11(k), 11(l), 11(m), 11(n), and 11(o) shall be a Class 4 misdemeanor punishable as specified in section 1-6 of the Code. (Ord. of 8-7-00)

Alexandria County Code  View whole ordinance
TITLE 13 Miscellaneous Offenses CHAPTER 1 General Offenses Sec. 13-1-20 Same?gardens and orchards. It shall be unlawful for any person to enter any enclosed or unenclosed vegetable garden or any orchard located within the city, without the consent of the owner, tenant or agent of the owner or tenant, and there cut down, injure, damage, destroy, eat or carry away any portion of the garden or orchard, including any growing thing, crop, tree, timber, seed, grass, soil, fertilizer, water supply, tool, implement, fence or any other protective device, or any other thing useful for the development, cultivation, maintenance and use of the garden or orchard. Any person violating the provisions of this section shall be guilty of a class 3 misdemeanor. (Code 1963, Sec. 23-24; Ord. No. 2826, 6/28/83, Sec. 16)

Alexandria County Code  View whole ordinance
TITLE 5 Transportation and Environmental Services CHAPTER 4 Erosion and Sediment Control Sec. 5-4-3 Same?change or disturb terrain. ? (b) Except as provided in section 5-4-5 of this code, it shall be unlawful for any person to remove or destroy trees, shrubs, grass, weeds, vegetation, ground cover or other plant life on any land in the city unless there is in force an approved erosion and sedimentation control plan issued under the provisions of this chapter (Ord. No. 4489, 6/16/07, Sec. 1)

Alexandria County Code  View whole ordinance
TITLE 5 Transportation and Environmental Services CHAPTER 4 Erosion and Sediment Control Sec. 5-4-4 Compliance with approved plan. ? (c) It shall be unlawful for any person to remove or destroy trees, shrubs, grass, weeds, vegetation, ground cover or other plant life on any land in the city for which an approved erosion and sedimentation control plan is required by this chapter except in accordance with the approved plan. (Ord. No. 4489, 6/16/07, Sec. 1) Sec. 5-4-5 Exceptions. The provisions of this chapter shall not apply to any construction, reconstruction, repair or alteration of any building or structure when no land is disturbed and no trees, shrubs, grass or vegetation is destroyed or removed, nor to any of the following: (a) The construction or erection of any building or structure when the disturbed land area of the site is less than 2,500 square feet in size, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent. (b) The alteration of any building or structure when the disturbed land area of the site will be less than 2,500 square feet, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent. (c) The clearing, grading, excavating, filling or changing the contour of, or removing topsoil from, less than 2,500 square feet of land, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent. (d) The clearing, grading, excavating, filling or changing the contour of, or removing topsoil from, less than 2,500 square feet of land, provided there is no natural or manmade drainage ditch, swale draining in excess of 2,500 square feet or storm sewer on the disturbed land, and further provided the disturbance of the land does not cause sedimentation on land outside the exterior boundaries of the land disturbed. (e) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover, or other plant life which cover less than 2,500 square feet of land, provided there is no natural or manmade drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent. (f) The planting, trimming, pruning or removal of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life pursuant to chapter 2 of title 6 of this code. (g) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life which is dead, poisonous or infected with disease or injurious insects or pests. (h) The gardening and care of lawns. (i) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life from lots of less than 2,500 square feet on which there now exists a dwelling. (j) The exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas. (k) The repair or rebuilding of the tracts, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company. (l) Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission and/or the U.S. Army Corps of Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia. However, any associated land that is disturbed outside of this exempted area shall remain subject to the article and the regulations adopted pursuant thereto. (m) Emergency work to protect life, limb or property, and emergency repairs; provided, that, if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority. (n) Individual utility service connections. (o) Installation, maintenance, or repair of any underground public utility when such activity occurs on an existing hard surfaced road, street, or sidewalk provided the land-disturbing activity is confined to the area of the road, street, or sidewalk which is hard surfaced. (p) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system. (q) Surface or deep mining. ? Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is forested artificially or naturally in accordance with the provisions of Chapter 11(? 10.1-1100 et seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in subsection B of ? 10.1-1163. (s) Agricultural engineering operations including, but not limited, to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Article 2 (? 10.1-604 et seq.) of Chapter 6 of the Erosion and Sediment Control Law, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and irrigation. (t) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles. (Ord. No. 4489, 6/16/07, Sec. 1; Ord. No. 4957, 6/13/15, Sec. 1)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property Sec. 6-2-5 Permitted trees, etc. (a) No permit shall be issued for and it shall be unlawful to plant, in any place designated in section 6-2-2, any tree, shrub, plant or vegetation except only the following: Major trees (Common / Botanical Name): - Amur maple / Acer ginnala - Norway maple / Acer platanoides - Columnar Norway maple / Acer platanoides "Columnare" - Crimson king Norway maple / Acer pseudoplatanus - Red maple / Acer rubrum - Columnar red maple / Acer rubrum "Columnare" - Sugar maple / Acer saccharum - Columnar sugar maple / Acer saccharum "Columare" - Sentry sugar maple / Acer saccharum "Monumentale" - Hornbeams / Carpinus species - Deodar cedar / Cedrus deodara - Hackberries / Celtis species - Lobb cryptomeria / Cryptomeria japonica lobbi - Leyland cypress / Cuppressocyparis leylandii - Green ash / Fraxinus pennsylvanica lanceolata - Marshall's seedless ash / Fraxinus pennsylvanica "Marshall's Seedless" - Modesto ash / Fraxinus veutina glabra - Maidenhair tree / Ginkgo biloba (male) - Sentry ginkgo / Ginkgo biloba "Fastigiata" - Thornless honey locust / Gleditsia triacanthos inermis - Sweet gum / Liquidambar styraciflua - Dawn redwood / Metasequoia glyptostroboides - Sourgum / Nyssa sylvatica - American hop hornbeam / Ostrya virginiana - Sourwood / Oxydendrun arboreum - Amur cork tree / Phellodendron amurense (seedless variety) - White pine / Pinus strobus - London planetree / Platanus acerifolia - Bradford pear / Pyrus calleryana "Bradford" - Sawtooth oak / Quercus acutissima - Northern red oak / Quercus borealis - Scarlet oak / Quercus coccinea - Willow oak / Quercus phellos - Japanese pagodatree / Sophora japonica - Lindens / Tilia species - Chinese elm / Ulmus parvifolia - Japanese zelkova / Zelkova serrata Minr trees (Common / Botanical Name): - Hedge maple / Acer campestre - Redbuds / Cercis species - American yellowwood / Cladrastis lutea - Flowering dogwood / Cornus florida - Red flowering dogwood / Cornus florida rubru - Japanese dogwood / Cornus kousa - Hawthorns / Crataegus species - Russian olive / Eleagnus augustifolia - Silverbells / Halesia species - American holly / Illex opaca - Golden raintree / Koelreuteria paniculata - Golden chaintree / Laburnum wateri - Kobus magnolia / Magnolia kobus - Star magnolia / Magnolia stellata - Sweet bay magnolia / Magnolia virginiana - Crabapples / Malus species - Flowering cherries / Prunus species - European mountain ash / Sorbus aucuparia - Japanese snowbell / Styrax japonica (3) Shrubs, vegetation and exceptions: a. Any shrub under 30 inches in height which does not and is not likely to obscure vision. B. Standard lawn or park grass. (b) No permit shall be issued for and it shall be unlawful to plant a tree in any place designated in section 6-2-2 unless there is at least one (1) foot of unobstructed earth extending from the tree trunk on all sides. ? The director or his duly authorized representative may plant trees and shrubs not permitted above in parks only. (Code 1963, Sec. 39-5; Ord. No. 2699, 6/12/82, Sec. 4)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property Sec. 6-2-2 Permit to plant, remove, etc., in public places?required. It shall be unlawful for any person, except the director or his duly authorized representative, to plant, trim or prune any tree, shrub, plant or vegetation on or to remove any tree, shrub, plant or vegetation from any dedicated street, alley or highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway or alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the city, except public school sites, without first applying for and obtaining a permit from the director; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass in the public right-of-way. (Code 1963, Sec. 39-2; Ord. No. 2699, 6/12/82, Sec. 2) Sec. 6-2-3 Same?issuance; information to be shown. (a) The director shall issue a written permit, as required by the preceding section, to any applicant without charge, only when he finds that the action proposed is necessary or desirable, will not be contrary to any city master plan for trees, shrubs, plants or other vegetation, is not contrary to the provisions of this chapter and will be performed in a workmanlike manner. (b) Any permit issued pursuant to the preceding section shall contain the location approved, the species of tree or shrub, the action allowed to be performed, the duration of the permit and any other requirements deemed necessary or desirable by the director to regulate the proper planting, trimming or cutting or removal of trees, shrubs, plants and vegetation within the city, and all work done under a permit issued by the director shall be performed in strict accordance with the terms thereof. (Code 1963, Sec. 39-3; Ord. No. 2699, 6/12/82, Sec. 3)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property Sec. 6-2-4 Right reserved to city to trim, remove, etc., trees, shrubs, etc., planted under permit. Whenever a permit is granted to plant a tree, shrub, plant or vegetation on any of the property enumerated in section 6-2-2 of this code, the right is reserved to the city at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to any abutting property owner, but subject to the restrictions contained in this chapter. (Code 1963, Sec. 39-4)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE B Regulation of Trees, Shrubs, etc., on Private Property Interfering With or Endangering the Public or Public Property Sec. 6-2-22 Same?procedure to correct violations of preceding section. When a violation of section 6-2-21 of this code is observed, the city manager shall have a written notice to correct the condition served upon the owner, operator, occupant or other person growing or permitting the growth of such tree, shrub, plant or other vegetation. Personal service of the notice or mailing the notice to the last known address of the owner of the premises, by registered mail, shall be deemed sufficient service. Any such notice shall describe the violation, describe the corrective measures necessary and set forth a time limit for compliance, dependent upon the hazard created, which time limit shall however not be less than seven (7) days nor more than 30 days from the service of the notice. (Code 1963, Sec. 39-10) Sec. 6-2-23 Same?final action by city upon failure to comply with section 6-2-22. The director of recreation, parks and cultural activities, or his duly authorized representative, may trim or prune the trees, shrubs, plants or other vegetation described in the notice in section 6-2-22 in the event there is no appeal and there is failure to comply with the notice when-the time limit prescribed therein has expired. Such action by the director shall not preclude any criminal proceeding for the violation. (Code 1963, Sec. 39-11; Ord. No. 3283, 4/16/88, Sec. 2)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE C Removal or Destruction of Trees on Private Property Sec. 6-2-33 Permission to remove or destroy trees on private property?required. Except as may otherwise be provided by this chapter, it shall be unlawful for any person to destroy or remove trees on any property covered by this article without first applying for and either obtaining a permit from the arborist or, as a part of the securing of a site plan or subdivision approval, obtaining permission of the planning commission. (Code 1963, Sec. 39-12.3; Ord. No. 3298, 6/18/88, Sec. 3) Sec. 6-2-34 Same?issuance; regulations and procedures. (a) An application to the arborist under section 6-2-23 shall be made on such forms as the arborist shall prescribe and provide. No permit shall be issued to cover more than one parcel of land. A separate permit shall be obtained for each parcel of land on which trees are to be removed or destroyed. No application for a permit shall be considered until the applicant shall first have paid to the city a fee of $10 and this sum shall not be returned to the applicant in the event the arborist revokes or refuses to issue the permit. (b) In the case of an application to the arborist, no permit shall be issued until the tree or trees sought to be removed have been inspected by the arborist or the authorized agent thereof. The arborist shall refuse to issue a permit if upon inspection it is found that the removal or destruction of the tree or trees for which the permit is sought would violate any provision of this article or would materially: (1) cause or contribute to soil erosion or flooding; (2) cause or contribute to a violation of any provision of chapter 5, title 11 of this code; (3) cause or contribute to the violation of any emission standard promulgated pursuant to the provisions of chapter 1, title 11 of this code; or (4) have a significant detrimental effect on the aesthetics of the surrounding area. (c) In the case of an application for site plan approval pursuant to chapter 5, title 5 of this code, the planning commission shall grant permission to destroy or remove any tree which lies within the buildable area, and shall grant such permission as to any tree which lies outside the buildable area if the planning commission deter mines that the destruction or removal of the tree is reasonably required to develop the parcel in compliance with this code. (d) In the case of an application for subdivision approval pursuant to chapter 5, title 7 of this code, the planning commission or its subdivision committee, as the case may be, shall grant permission to remove or destroy any tree which lies within such buildable area as may be shown on a preliminary plat filed under section 7-5-23 and shall grant such permission as to any trees which lie outside the buildable area if it is determined that the destruction or removal of the tree is reasonably required to develop the parcel in compliance with this code. In the event no such buildable area is shown on such preliminary plat, permission to remove or destroy trees shall be obtained from the arborist, who may grant permission, pursuant to subsection (b) of this section, to remove or destroy any tree which lies within such buildable area as may be shown on the plat required by section 7-6-212 to be filed subsequent to the application for subdivision approval and who may grant such permission, pursuant to subsection (b) of this section, as to any tree which lies outside the buildable area. (e) In considering and approving site plans and subdivisions subject to the provisions of this article, the planning commission or subdivision committee, as the case may be, or the city council on appeal, shall give due consideration to the preservation and replacement of trees. (Code 1963, Sec. 39-12.4; Ord. No. 3298, 6/18/88, Sec. 4)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE C Removal or Destruction of Trees on Private Property Sec. 6-2-35 Same?replacement of trees as a condition. The arborist, or the planning commission, may require an applicant, as a condition of the issuance of a permit as provided by section 6-2-34 of this code, to implement a suitable plan for the replacement of the trees to be removed pursuant to the permit, which plan shall be provided by the applicant and approved by the arborist, or the planning commission, indicating the location, size, quantity and species of replacement trees to be provided. Any plans shall be limited to the parcel to which the permit would pertain. In determining whether such a plan shall be required as a condition of the issuance of the permit, the arborist, or the planning commission shall consider the intended use of the property and evaluate the effect of the removal or destruction of the trees for which the permit is sought, giving consideration to the following factors: (1) existing tree coverage, size and type; (2) number of trees to be removed on the entire property; (3) the area to be covered with structures, parking and driveways; (4) the grading plan and drainage requirements; and (5) the character of the site and its environs. (Code 1963, Sec. 39-12.5)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE C Removal or Destruction of Trees on Private Property Sec. 6-2-36 Same?exemptions. The city manager may authorize the removal of any tree for which a permit is required by this article without the issuance of a permit if he determines that the tree constitutes a hazard to the public health or safety and requires immediate removal, or in the event of a natural disaster, a man-made disaster or local emergency as defined in section 4-3-2 of this code. (Code 1963, Sec. 39-12.6)

Arlington County Code  View whole ordinance
Chapter 61 CHESAPEAKE BAY PRESERVATION ORDINANCE 61-18. Penalties A. General provisions 1. Any building erected or improvements constructed contrary to any of the provisions of this chapter and any land disturbing activity regardless of area contrary to any of the provisions of this chapter and any removal of vegetation in Chesapeake Bay Preservation Areas contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. ? 4. Restoration of Chesapeake Bay Preservation Areas shall be performed as necessary to meet the intent of this chapter. In addition to the plantings required by ? 61-10.C, the Director may require that trees illegally removed from Chesapeake Bay Preservation Areas be replaced by other trees of the same or comparable species of equal value as determined by the Arlington County Tree Replacement Guidelines. 5. The Director may require the submission of a water quality impact assessment (WQIA) in accordance with the provisions of ? 61-12 as a condition for remedying a violation. In addition to the components of the WQIA listed in ? 61-12.C, the WQIA shall include a restoration plan acceptable to the Director for any removal of vegetation from Chesapeake Bay Preservation Areas which does not comply with the provisions of this chapter. ? (Ord. No. 03-1, 2-8-03; Ord. No. 14-05, 5-10-14, effective 7-1-14)

Arlington County Code  View whole ordinance
CHAPTER 67 Trees and Shrubs. ARTICLE 2. Regulation of Trees and Shrubs on Public Property. 67-2-2. Injury to or Removal of Trees and Shrubs. (a) It shall be unlawful for any person, including any person employed by or under contract to any utility company, to destroy, cut down, girdle, break, bend, wound, or in any manner injure or remove any tree or shrub upon any public right-of-way, any other County owned public land, or any public vehicular or public pedestrian access easements where the County is responsible for the maintenance of such easement without the written permission of the County Manager. Any person violating this Section shall be guilty of a Class 3 misdemeanor. (b) The County Manager shall not remove or permit removal of all or any part of any tree or shrub unless the County Manager has determined that the action proposed is necessary or desirable and will not be contrary to any County policy or plan or ordinance for or related to trees, shrubs, plants, or other vegetation. (c) The County Manager's permission under this section shall be evidenced by a writing that specifies the tree or shrub for which removal is permitted and the duration of the permission, except such written permission is not required if the removal is performed by County employees or County contractors or County agents. Such permission shall be issued only upon the conditions that (i) the applicant for permission agrees either to replace the tree or shrub specified to be removed at a rate and with guaranties in accord with the Tree Guidelines within one year of the date of the permission or immediately pays to the County an amount equaling the full value of the tree or shrub specified to be removed, at the option of the County Manager, and (ii) the applicant, in the event of destruction of or injury to an unspecified tree or shrub, agrees to either replace such unspecified tree or shrub at a rate and with guaranties in accord with the Tree Guidelines or to pay to the County an amount equaling the full value of the unspecified tree or shrub, at the option of the County Manager. The full value of a tree or shrub shall be determined by the County Manager in accordance with appraisal methods developed by the Council of Tree & Landscape Appraisers and published by the International Society of Arboriculture in Guide for Plant Appraisal.

Arlington County Code  View whole ordinance
CHAPTER 67 Trees and Shrubs. ARTICLE 3. Regulation of Heritage Trees, Memorial Trees, Specimen Trees, and Street Trees on Public or Private Property. 67- 3-3. Penalties. Any person or entity who violates any provision of this Article by causing, contributing to, or permitting injury to or removal or destruction of a Heritage, Memorial, Specimen, or Street Tree shall be subject to a civil penalty not to exceed $2,500 for each violation. Civil penalties shall be imposed by the issuance of a civil summons by the County Manager. Any person or entity served with a summons shall have thirty (30) days in which either to pay a fine to the Treasurer of Arlington County, Virginia, or to appeal the violation to the General District Court. 67-3-4. Exceptions. The provision of this Article shall not apply (a) to work con ducted on federal or state property; (b) to emergency work to protect life, limb or property; ? to routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service; (d) to activities with minor effects on trees, including but not limited to home gardening and landscaping of individual homes; and ? to commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.

Ashland Town Code  View whole ordinance
Chapter 11 NUISANCES* ARTICLE I. IN GENERAL Sec. 11-1. Nuisances prohibited within town. It shall be unlawful for any person to cause, harbor, commit or maintain, or to suffer to be caused, harbored, committed or maintained any nuisance as defined by the statute or common law of this state or as defined by this Code or other ordinance of the town at any place within the town. Sec. 11-2. Certain nuisances enumerated. The following acts when committed, or conditions when existing, within the town are hereby defined and declared to be nuisances: ? (c) All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy or injurious to the public. ? (4-23-91, ? 1)

Ashland Town Code  View whole ordinance
Chapter 16 STREETS AND SIDEWALKS* ARTICLE III. Maintenance of Trees Sec. 16-20. Same--Issuance; information to be shown. The town manager shall issue a written permit, as required by the preceding section, to any applicant without charge, only when he finds that the action proposed is necessary or desirable, will not be contrary to the town's comprehensive plan, in regard to trees, shrubs, plants or other vegetation, is not contrary to the provisions of this chapter and will be performed in a workmanlike manner. Any permit issued pursuant to the preceding section shall contain the location approved, the action allowed to be performed, the duration of the permit and any other requirements deemed necessary desirable by the town manager. (3-9-82)

Ashland Town Code  View whole ordinance
Chapter 16 STREETS AND SIDEWALKS* ARTICLE III. Maintenance of Trees Sec. 16-19. Permit to plant, remove, etc., in public places--Required. It shall be unlawful for any person, except for the town manager or his duly authorized representative, to plant any tree, shrub, plant, or vegetation on or to remove any tree, shrub, plant or vegetation from any dedicated street, alleyway or highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway or alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the town, except public school sites, without applying for and obtaining a permit from the town manager; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass on a public right-of-way. (3-9-82)

Ashland Town Code  View whole ordinance
Chapter 16 STREETS AND SIDEWALKS* ARTICLE III. Maintenance of Trees Sec. 16-21. Right of reserve to town to trim, remove, etc., trees, shrubs, etc., planted under permit. Whenever a permit is granted to plant a tree, shrub, plant or vegetation and any of the properties enumerated in section 16-19 of this Code, the right is reserved to the town at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to abutting property owner, but subject to the restrictions contained in this chapter. (3-9-82)

Ashland Town Code  View whole ordinance
Chapter 16 STREETS AND SIDEWALKS* ARTICLE III. Maintenance of Trees Sec. 16-22. Abuse and mutilation of trees, etc. It shall be unlawful for any person to abuse, destroy or mutilate any tree, shrub or plant in or on any public place, or to attach or place any rope or wire (other than one used to support a young or broken tree) sign, poster, handbill or other thing to or on any tree growing in any public place, or to cause or permit any wire charged with electricity to come into contact with any such tree, or to allow any gases, liquid or solid substances which are harmful to such trees to come in contact with the roots or leaves. (3-9-82)

Ashland Town Code  View whole ordinance
Chapter 16 STREETS AND SIDEWALKS* ARTICLE III. Maintenance of Trees Sec. 16-25. Same--Procedure to correct violations of preceding section. When a violation of section 16-24 of this Code is observed, the town manager shall have a written notice to correct the condition served upon the owner, operator, occupant or other person growing or permitting the growth of any such tree, shrub, plant or other vegetation. Personal service of such notice or mailing of such notice to the last known address to the owner of the premises, by registered mail, shall be deemed sufficient service. Any such notice shall describe the violation, describe the corrective measures necessary and set forth a time for compliance, depending upon the hazard created, which time limit shall not, however, be less than seven (7) days, nor more than thirty (30) days from the service of the notice. (3-9-82) Sec. 16-26. Same--Final action by town upon failure to comply with section 16-25. The town manager, or his duly authorized representative, may trim or prune the trees, shrubs, plants or other vegetation as described in the notice in section 16-25, in the event that there is no appeal on the owner's failure to comply with the notice when the time limit described therein has expired. Such action by the town manager shall not preclude any criminal proceedings for the violation. (3-9-82)

Blacksburg Town Code  View whole ordinance
Chapter 21 STREET AND SIDEWALKS ARTICLE I. IN GENERAL Section 21-302. Encroachments and projections generally. ? (f) Tree limbs overhanging from private property. It shall be the duty of property owners to maintain trees growing on their property in such a manner that no limbs thereof project over any street at a height of less than fourteen (14) feet, or sidewalk at a height of less than eighty (80) inches. State Law reference? Authority of town to permit awnings, fire escapes, etc., to overhang streets, Code of Virginia, ? 15.2-2011. Section 21-305. Obstruction by vegetative material, fences, walls or structures unlawful. It shall be unlawful for any landowner, tenant, firm or corporation to own or maintain, either on private property or a public street right-of-way, vegetative material, wire, fences, walls or similar structures which create a sight obstruction in violation of section 21-304. Any such obstruction may be removed by the town through the process established in section 21-301. (Ord. No. 1491, ? 1, 5-13-08)

Blacksburg ZONING ORDINANCE  View whole ordinance
APPENDIX A Ordinance No. 1137 BLACKSBURG ZONING ORDINANCE ARTICLE V. DEVELOPMENT STANDARDS DIVISION 2. OFF-STREET PARKING, STACKING and LOADING Sec. 5202 Permitted locations. (1) Off-street parking spaces that are located on the ground and open to the sky may be located in any required yard unless otherwise required for screening, buffering, landscaping, or unless prohibited by other provisions in this chapter or the Town Code. A parking space for an automobile shall have dimensions as specified in the chart and diagram below, unless an exception is granted by the Administrator due to the shallow depth of a parcel, the location of existing trees, or other similar circumstances. ? (Ord. No. 1184, adopted 6-9-98; Ord. No. 1415, ? 22, 7-11-06; Ord. No. 1598, ? 1, 2-8-11)

Charlottesville City Code  View whole ordinance
Chapter 18 PARKS AND RECREATION ARTICLE II. TREE CONSERVATION Sec. 18-10. Conservation. (a) A property owner shall undertake reasonable efforts to preserve and protect any trees designated pursuant to this article. No heritage, memorial, specimen or street tree may be removed or intentionally damaged in a way that could destroy the tree unless authorized by city council. City council may authorize the removal or other action upon making a determination that: (i) there is an overriding need for public improvements which necessitate removal of the tree; or (ii) not removing the tree will cause severe hardship to the property owner. A request to remove or take other action upon any designated tree shall be submitted and acted upon in the same manner as a request for designation in section 18-9. (b) The city manager may permit the removal of a heritage, memorial, specimen or street tree if the city arborist determines that the tree is dead, has become irreversibly diseased or irreversibly damaged by natural causes, or that the tree endangers the health, safety and/or welfare of the public that cannot be mitigated in accordance with accepted industry standards of tree risk assessment and management. (c) Any city department or contractor engaged by the city shall, prior to conducting any land disturbing activity, ascertain whether the drip line of any tree designated pursuant to this article lies within fifty (50) feet of the land disturbing activity. Upon making such a determination, the city department shall alert the city arborist. If the city arborist determines that the proposed land disturbing activity may damage or destroy the tree, then the city department responsible for the proposed work, if unable to alter plans to avoid such results, shall submit a request to proceed with the proposed activity to the tree commission, which shall make a recommendation to the city council. City council may direct the city department to take additional precautionary measures to protect the tree, or approve the removal of the tree, or direct that the activity not be conducted. (11-4-13) Sec. 18-11. Exceptions. The provisions of this article shall not apply to: (1) Work conducted on federal or state property; (2) Emergency work to protect life, limb or property; (3) Routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service; (4) Activities with minor effects on trees, including but not limited to, home gardening and landscaping of individual homes; and (5) Commercial, silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops. (11-4-13) Sec. 18-12. Takings. In the event that the application of this article regulating the removal of heritage, memorial, specimen or street trees results in any taking of private property for a public purpose or use, the city shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and in accordance with the provisions of Chapter 2 of Title 25.1 of the Code of Virginia. (11-4-13)

Charlottesville City Code  View whole ordinance
Chapter 5 BUILDING REGULATIONS; PROPERTY MAINTENANCE Article V. BLIGHTED PROPERTY DIVISION 1. MISCELLANEOUS Sec. 5-146. Damaging or defacing property generally. (a) It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter. ? (7-16-01(1))

Charlottesville City Code  View whole ordinance
Chapter 5 BUILDING REGULATIONS; PROPERTY MAINTENANCE Article V. BLIGHTED PROPERTY DIVISION 1. MISCELLANEOUS Sec. 5-149. Unlawful growth of weeds and other vegetation. (a) The following definitions shall apply to these words when used in this section: ? (3) Weeds means any plant, grass, weed, brush or any other vegetation, herbaceous or woody, other than (i) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (ii) cultivated crops; (iii) public recreational areas or trails intended to be left in their natural state; and (iv) vegetation along natural streams or watercourses when necessary to deter erosion. (b) A person found guilty of a violation of either of the following provisions shall be punished as provided in section 5-1 of this chapter. (1) It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of eighteen (18) or more inches, where such weeds are located: (i) on any developed lot or parcel in the city, or (ii) on that portion of any undeveloped lot or parcel in the city which is within one hundred fifty (150) feet of any building, street, sidewalk or public right-of-way. All weeds existing in violation of this section are hereby declared to constitute a public nuisance. (2) It shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this section is hereby declared to constitute a public nuisance. ? (7-16-01(1)) Sec. 5-155. Duty of owner or occupant to cut grass, weeds and other vegetable matter from property line to the public street right-of-way. (a) It shall be the duty of the owner or occupant of any land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded or offensive by reason of failure to remove any such materials. No grass, weeds or other vegetable matter cut and removed shall be deposited or piled in any gutter, street or stormwater system, but shall be placed in a proper receptacle for collection. The occupant and/or the owner, or if unoccupied, the owner, of land or premises abutting upon a street right-of-way area upon which any grass, weeds or other vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible. Nothing in this section shall be cons1d as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the city. ? (2-17-04(1), ? 1)

Chesapeake City Code  View whole ordinance
Chapter 66 STREETS AND SIDEWALKS ARTICLE II. INSTALLATIONS, TREE CUTTINGS OR OTHER WORK AFFECTING STREETS DIVISION 1. GENERALLY Sec. 66-106. Cutting or trimming trees. No tree or shrub on any street shall be cut or trimmed, unless a permit therefor shall have been obtained from the director of development and permits or designee. Such cutting, trimming or spraying shall be permitted only when fully justified in the public interest and then only in a manner prescribed in the permit issued therefor. (Ord. of 10-22-63, ? 39; Code 1970, ? 24-26; Ord. No. 09-O-100, 8-11-09) DIVISION 2. PERMITS Sec. 66-121. Required. Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation or to cut or trim trees or to place signs if such work, cutting, trimming, spraying or placing it on, under or over affects a street, until such person shall have obtained a permit therefor in accordance with this article. (Ord. of 10-22-63, ? 16; Code 1970, ? 24-29)

Chesapeake ZONING ORDINANCE  View whole ordinance
Chesapeake, Virginia - Zoning ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS ? 19-604. Final inspection and approval. A. Approval required for permanent certification of occupancy; temporary certificates. Prior to issuance of a permanent certificate of occupancy, the required landscaping shall be in place, and damaged or dead plants shall be pruned, removed or replaced as required by the director of development and permits, or designee, to ensure compliance with this ordinance. In the event that one of the following circumstances exists, a temporary certificate of occupancy, of an appropriate duration, may be issued. When such temporary certificate of occupancy is desired, the owner, developer, or builder shall submit in writing the circumstances justifying the request and the specific requested duration of the temporary certificate of occupancy. 1. Planting season does not permit immediate installation. 2. Weather conditions prohibit installation. 3. Specified plant material is not available. 4. Site conditions beyond the control of the owner, builder, or developer do not permit immediate installation. B. Reinspection and approval. When the required landscaping is complete, the owner, builder or developer shall call for a reinspection. After approval by the city of Chesapeake, the permanent certificate of occupancy will be issued, provided there are no other impediments. C. Bond requirement. The city may require that a bond or other security acceptable to the city be provided as a condition of development in order to ensure the timely completion of the landscape plan. No bond shall be required for single-family residential developments other than detached condominium units. (Ord. No. 97-O-141, 11-18-97; Ord. No. 10-O-127, 10-19-10)

Chesapeake ZONING ORDINANCE  View whole ordinance
Chesapeake, Virginia - Zoning ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS ? 19-608. Conditional use permits. A. Additional landscaping requirements. In addition to the landscaping requirements otherwise applicable to a use for which a conditional use permit is required, city council may impose further landscaping requirements as a condition of granting of any such use permit, in order to ensure the compatibility of the site with surrounding properties. B. Buffer yard requirements. Unless otherwise specified by city council, the buffer yard requirements for a use requiring a conditional use permit shall be based upon the zoning classification in which such use is a permitted use under this ordinance. When such use is not a permitted use in any zoning classification under this ordinance, the buffer yard requirements shall be based upon the most intensive zoning classification in which such use is a conditional use. ? 19-609. Violations. Any violation of the terms of this section shall be a violation of the zoning ordinance and shall be subject to the penalties established for violations of the zoning ordinance. Enforcement action may be brought by the zoning administrator or by the city of Chesapeake.

Danville City Code  View whole ordinance
Chapter 38.5 VEGETATION ARTICLE III. LANDSCAPING Sec. 38.5-26. Abuse or mutilation of public trees or shrubs. Unless specifically authorized by the Director of Public Works, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on land owned by the City or a City street, sidewalk, or alley right-of-way; attach any nails, advertising posters, or other contrivance to any public tree or shrub on land owned by the City or a City street, sidewalk, or alley right-of-way; allow any gas, liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub on land owned by the City or a City street, sidewalk, or alley right-of-way. (Ord. No. 92-11.15, 11-5-92) Sec. 38.5-27. Protection of trees. (a) All trees on any land owned by the City or a City street, sidewalk, or alley right-of-way near any excavation or construction of any building, structure, or street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high, and all building material, dirt, or other debris shall be kept outside the barrier. (b) No person, including public utility companies and City departments and utilities, shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any tree on land owned by the City or a City street, sidewalk, or alley right-of-way without first obtaining authorization from the Director of Public Works. (c) All trees on public areas shall, to the degree practical, be pruned or trimmed only in accordance with the standards established by the National Arborist Association, entitled "Pruning Standards for Shade Trees", as revised in 1988. This includes all public utility companies and City departments involved in maintenance of easements. (Ord. No. 92-11.15, 11-5-92)

Danville City Code  View whole ordinance
Chapter 38.5 VEGETATION ARTICLE III. LANDSCAPING Sec. 38.5-28. Removal and maintenance. (a) The City will provide maintenance or removal of dead or diseased trees or shrubs on land owned by the City or a City street, sidewalk, or alley right-of-way when such trees or shrubs are determined by the City to constitute a hazard to life, health, or property. (b) No person shall remove trees or shrubs from land owned by the City or a City street, sidewalk, or alley right-of-way for any purpose without first procuring authorization from the Director of Public Works. The person who obtains such authorization shall bear the cost of removal if it is determined that the tree or shrub does not present a hazard to person or property.

Danville City Code  View whole ordinance
Chapter 38.5 VEGETATION ARTICLE III. LANDSCAPING Sec. 38.5-33. Penalty. Any person, firm, or corporation violating the provisions of section 38.5-30 after receiving the notice described in section 38.5-31 shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. No. 95-4.16, 4-4-95)

Danville City Code  View whole ordinance
Chapter 38.5 VEGETATION ARTICLE III. LANDSCAPING Sec. 38.5-24. - Authorization required. (a) No person shall plant vegetation or maintain, remove, or otherwise disturb, any tree or shrub on any public area without first receiving approval from the Director of Public Works or his designate. (b) Public utility companies and municipal utilities and their subcontractors employing tree experts, when engaged in the maintenance of easements, shall be exempt from the provisions of this section. (c) In case of emergencies, such as windstorms, ice storms, or other disasters, permits may be waived by the Director of Public Works during the emergency period so as not to hamper work to restore order to the City. (d) Maintenance of public areas by the City or its subcontractors shall be exempt from the provisions of this section. (e) All plantings installed on land owned by the City shall become the property of the City of Danville and under the control of the City and subject to all regulations of the City thereafter. (f) Notwithstanding the foregoing, no authorization shall be required for any planting in a City street, sidewalk, or alley right-of-way immediately contiguous to privately owned residential or commercial property, provided that: (1) If it is contiguous with residential property, the person making the planting maintains the property as he does his property; (2) If it is contiguous with commercial property, the person making the planting maintains the property as his place of business; and (3) The planting does not violate any other provision of this Code including, but not limited to, section 35-14.1 of this Code. (Ord. No. 92-11.15, 11-5-92)

Danville City Code  View whole ordinance
Chapter 38.5 VEGETATION ARTICLE III. LANDSCAPING Sec. 38.5-25. Enforcement. The Director of Public Works shall have the general powers and duties to: (1) Direct, manage, supervise, and control the City landscape program to include all plantings, removal, maintenance, and protection of all trees and shrubs on all public areas. (2) Guard all vegetation on any public area within the City so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life, or safety of persons or property. (3) Administer the provisions of this article. (4) Accept requests for planting, removal or maintenance of plantings on any public area, and accept or deny the request as required by the provisions of this article. (5) Remove vegetation placed on a public area without approval, where approval is required by the provisions of this article. (Ord. No. 92-11.15, 11-5-92)

Fairfax City City Code  View whole ordinance
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE III. OFFENSES AGAINST PROPERTY DIVISION 1. GENERALLY Sec. 54-67. Injuring properties or monuments. It shall be unlawful for any person to unlawfully destroy, deface, damage or remove without the intent to steal any property, real or personal, not his own, or break down, destroy, deface, damage, or remove without the intent to steal, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of the city, or any tract of land, or any tree marked for that purpose. (Code 1978, ? 14-22.2) State Law reference? Similar provisions, Code of Virginia, ? 18.2-137.

Fairfax City City Code  View whole ordinance
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE III. OFFENSES AGAINST PROPERTY DIVISION 1. GENERALLY Sec. 54-69. Destruction of trees, shrubs, etc. (a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aide or maintained as a public park, by a park authority created under the provisions of Code of Virginia, ? 15.2-5702, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless such actions are done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary. (b) Any person violating this section shall be guilty of a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit. (Code 1978, ? 14-22.1) Cross reference? Vegetation, ch. 106. State Law reference? Similar provisions, Code of Virginia, ? 18.2-140.

Falls Church City Code  View whole ordinance
Chapter 15 FEE ARTICLE III. DEPARTMENT OF PUBLIC WORKS Sec. 15-37. Public works applications?Urban forestry. The following applies to fees for public works applications?Urban forestry as noted in the table below: PUBLIC WORKS APPLICATIONS?URBAN FORESTRY Inspections ??? Damage to Public Trees, Per Inch Diameter at Breast Height (DBH): $250.00 ??? Damage to Streetscape Irrigation, fee plus cost of repair: $300.00 + cost Tree Preservation Violations ??? 1st Offense: $350.00 ??? 2nd Offense: $450.00 ??? 3rd Offense: $1,000.00 ??? Each Subsequent Offense: $1,000.00 ??? Tree Preservation Grading Plan Tree Removal: $1,000.00 Landscape Installation and Protection (Not associated with a site or grading plan) ??? Bond Management Fee: $250.00 ??? New Landscape Inspection (< $12,000.00 Bond Amount): $150.00 ??? New Landscape Inspection (> $12,000.00 Bond Amount): $400.00 ??? Existing Tree Preservation (< $12,000.00 Bond Amount): $150.00 ??? Existing Tree Preservation (> $12,000.00 Bond Amount): $400.00 Tree Contractors ??? Tree Contractor Annual Permit Fee: $100.00 ??? Unlicensed Tree Contractor Observed Working in the City: $500.00 Permits ??? Plant on City Property: $50.00 ??? Tree Removal Permit (Independent of approved development plan) ?o? Commercial: $200.00 ?o? Single-Family Residential: $50.00 Preliminary Tree/Existing Features Survey Review (When Not Part of Subdivision): $200.00 Resubmittal of Request for Preliminary Tree/Existing Features Survey Review: $100.00 (Ord. No. 1858, ? 4), 4-25-2011; Ord. No. 1901, 7-22-2013)

Falls Church City Code  View whole ordinance
Chapter 28 MISCELLANEOUS OFFENSES ARTICLE IV. OFFENSES AGAINST PROPERTY Sec. 28-70. Injury to property. (a) It shall be unlawful for any person to take and carry away, or destroy, deface or injure, any property, real or personal, not his own. Violation of the provisions of this section, upon conviction, shall be punishable as a class 1 misdemeanor. It shall be unlawful for any person, without approval of the owner or designated agent, to pick, pull, pull up, tear, tear up, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another or upon any land reserved, set aside or maintained by the city as a public park. Violation of the provisions of this section shall, upon conviction, be punishable as a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the custodian of such park afterwards given in writing or in open court shall be a bar to further prosecution or suit. (b) If any person unlawfully: (1) Destroys, defaces, damages or removes, without the intent to steal, any property, real or personal, not that person's own; or (2) Breaks down, destroys, defaces, damages or removes, without the intent to steal: ? b. Any monument erected for the purpose of marking the site of any engagement fought during the War Between the States, or for the purpose of designating the boundaries of any city, town, tract of land or any tree marked for that purpose. Such person shall be guilty of a class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury. ? (Code 1973, ? 24-9; Code 1982, ? 22-8; Ord. No. 948; Ord. No. 1834, 9-30-2009) State Law reference? Similar state law, Code of Virginia, ? 18.2-137.

Falls Church City Code  View whole ordinance
Chapter 35 STORMWATER ARTICLE I. STORMWATER MANAGEMENT Sec. 35-22. Failure to comply; penalties and other legal actions. (a) Notice of violation; stop work orders; reimbursement of costs. ? (3) In the event that the violation of the approved landscape conservation plan was an encroachment or evidence of an encroachment into a tree preservation area, the applicant shall submit a mitigation plan subject to the approval of the director. This plan shall list remedial measures and the time within which such measures shall be completed by the applicant to ensure the continued preservation of the existing trees. This may include, but is not limited to, pruning, vertical mulching, and aerating. Bonding of the existing vegetation, in accordance with chapter 44, article II, division 5, may be required by the director. (4) The director may require the replacement of any vegetation damaged in violation of the approved landscape conservation plan as part of the mitigation plan. The size, species and quantity of the replacement trees shall be calculated by the director based on the value of the trees removed as calculated by the latest formula published by the International Society of Arboriculture. The required replacement trees shall be included in the "mitigation plan" submitted by the applicant. Bonding of the replacement vegetation, in accordance with subsection 48-1143(b), may be required by the director. ? (Ord. No. 1915, 3-24-2014; Ord. No. 1928, 9-8-2014)

Falls Church City Code  View whole ordinance
Chapter 38 - SUBDIVISIONS ARTICLE III. PREPARATION OF PLATS Sec. 38-58. Preliminary plats. Preliminary plats shall be drawn to a scale of not smaller than one inch equals 50 feet and may be of one or more sheets as necessary to show the following information: ? (6) Location of all historic trees and specimen trees, as defined in chapter 44 and, further, location of other trees that, in the opinion of the public works director or planning commission, should be preserved. (Code 1982, ? 31-13; Ord. No. 961, 2-23-1981; Ord. No. 999, 2-22-1982)

Falls Church City Code  View whole ordinance
Chapter 44 VEGETATION ARTICLE II. TREES AND SHRUBS DIVISION 1. GENERALLY Sec. 44-25. Violations and penalties; remedies. Any person, whether as an owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this article or permits any such violation or fails to comply with any of the requirements, or who erects any building or who uses any building or any land in violation of any detailed statement of plan submitted by such person and approved under the provision of this article shall be subject to a civil penalty not to exceed $2,500.00 for each violation. Each day upon which such violation continues shall constitute a separate violation. Furthermore, the arborist, through the city attorney, may apply to the circuit court of the county for injunctive relief to enjoin a violation or a threatened violation of this article, it being determined that vegetation in general and trees in particular are unique and thus a proper subject of equitable relief. (Code 1982, ? 35-10; Ord. No. 811; Ord. No. 1704, 5-14-2001)

Falls Church City Code  View whole ordinance
Chapter 44 VEGETATION ARTICLE II. TREES AND SHRUBS DIVISION 4. TREE REMOVAL Sec. 44-110. Permit review and issuance. (a) Factors to consider. In addition to reviewing for conformance to standards and guidelines contained in the public facilities manual, the following factors shall also be taken into consideration: (1) The extent to which tree clearing is shown to avoid excessive clearing and still permit the applicant to achieve the proposed development or land use. (2) The extent to which the actual or intended use of the property is in accordance with the regulations of the zoning district in which the property lies requires clearing of trees. (3) The hardship to the applicant which will result from a modification or rejection of the required permit. (4) The desirability of preserving any tree by reason of its size, age or some other outstanding quality, such as uniqueness, rarity or status as a landmark or species specimen. (5) The extent to which the area would be subject to environmental degradation due to removal of the trees. (6) The heightened desirability of preserving tree cover in densely developed or densely populated areas. (7) Whether the tree is diseased, injured beyond restoration, in danger of falling, interferes with utility services or creates unsafe visual clearance. (b) Replacement of trees. When warranted in the judgment of the arborist, the applicant may be required to replace, in accordance with a tree replacement plan, any tree being removed with a suitable replacement tree elsewhere on the site. In determining whether the replacement of trees is reasonable and shall be required, the arborist shall consider the intended use of the property together with an evaluation of the following: (1) Existing tree coverage, size and type; (2) Number of trees to be removed; (3) Area to be covered with structures, parking and driveways; (4) Grading plan and drainage requirements; and (5) Character of the site and its environs. (c) Approval. If the permit application conforms to standards and guidelines and there are no objections resulting from consideration of the factors listed in subsection (a) of this section, the permit application shall be approved. (d) Rejection. If the permit application does not conform to standards and guidelines or there is an objection resulting from consideration of the factors listed in subsection (a) of this section, the permit application shall be rejected. The arborist may require that the application be modified to bring it into conformance with the standards and guidelines or to eliminate any objections to the application. (Code 1982, ? 35-13; Ord. No. 811) Sec. 44-111. Area to be cleared. The area of land to be cleared of trees and other vegetation in conjunction with proposed development or land use shall not include any trees which are unique by reason of size, age or some other outstanding quality, such as rarity or status as a landmark or species specimen. Subject to the arborist's approval, the area to be cleared shall generally be limited to that area needed for: (1) Street construction and necessary slope construction. (2) Public service or utility easements and rights-of-way. This shall include area for utility line installation with any construction easements necessary for such installation and easements for maintenance access. These easements shall not be cleared prior to actual line installation. (3) Building roof coverage area and ancillary structures such as patios and porches plus 15 feet on all sides for construction activity. (4) Driveways, alleyways, walkways, parking lots and other land area necessary to the installation of the proposed development or use. (5) Sediment basins. Only those trees within the area necessary for construction of the dam, the area in which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of trees. (Code 1982, ? 35-14; Ord. No. 811)

Falls Church City Code  View whole ordinance
Chapter 44 VEGETATION ARTICLE II. TREES AND SHRUBS DIVISION 4. TREE REMOVAL Sec. 44-109. Permit required. (a) A tree removal permit shall be required before any tree on property described in section 44-20 may be destroyed or removed. (b) When a site plan or other development plan is required, application for a tree removal permit shall consist of a plan acceptable to the arborist in form and content, submitted as part of the site plan or other development plan. The arborist shall determine the plan's compliance with the requirements of the city as promulgated in a public facilities manual. No plan shall be approved which does not comply with these requirements. (c) When no site plan or other development plan is required, application for a tree removal permit shall be submitted to the arborist in a form which provides the information deemed necessary by the arborist. Where no emergency exists, the arborist shall act upon a tree removal permit application within eight days from receipt of application. (Code 1982, ? 35-12; Ord. No. 811; Ord. No. 1236, 9-13-1988) Cross reference? Business, professional, occupational licenses, ? 40-456 et seq.

Farmville Town Code  View whole ordinance
Chapter 17 NUISANCES ARTICLE V. WEED CONTROL Sec. 17-22. Definition. The word "weeds" as used in this chapter shall be held to include grass, weeds, bushes and any other vegetation other than trees, ornamental shrubbery, flowers and garden vegetables properly tended. (Ord. No. 161, 3-13-2013) Sec. 17-23. Weeds on any property?public nuisance. Weeds on any property located within the town that are in excess of ten (10) inches in height are found to be a danger to the public health and are hereby declared to constitute a public nuisance. (Ord. No. 161, 3-13-2013) Sec. 17-24. Same?Duty of owner to cut. The owners of property located within the town shall cut the weeds that are in excess of ten (10) inches in height on such property. The owners of property shall also cut weeds in excess of ten (10) inches along public sidewalks, curb lines, streets, alleys, and within tree wells. At no time shall weeds or grass exceed ten (10) inches. (Ord. No. 161, 3-13-2013) Sec. 17-25. Same?Notice to owner to cut. The town manager or his duly authorized agent may give notice in writing, via first class mail, to the owner of land in the town upon which there are weeds in excess of ten (10) inches in height that such weeds must be cut within ten (10) days from the receipt of the notice or the town will cut the weeds, bill the owner for the costs and collect the costs like taxes in the event of nonpayment by the owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot be found after a reasonably diligent search or who are nonresidents. (Ord. No. 161, 3-13-2013) Sec. 17-26. Same?Cutting by town; billing and collection of charges; unpaid bill a lien. Whenever the owner of real property refuses, neglects, or fails to cut weeds after being notified in the manner prescribed by section 17-25 above, the weeds may be cut by the town. The expense thereof shall be forthwith computed, and a bill for such expense shall be prepared by the town treasurer and mailed to the owner at his last known post office address within a reasonable time after the cutting. In the event the town does not receive payment of the bill within thirty (30) days after mailing, the treasurer shall proceed to collect the expense and may do so in the same manner as town taxes are collected. In addition, an administrative fee of fifty dollars ($50.00) is hereby ordained to be assessed against the owner. Every expense with which the owner of any real property shall have been assessed and which remains unpaid shall constitute a lien against the owner's property, ranking on a parity with liens for unpaid local taxes, and are enforceable in the same manner. (Ord. No. 161, 3-13-2013) Sec. 17-27. Same?Failure to cut weeds after receipt of notice. An owner of real property who has received written notice in the manner prescribed by section 17-25 of this article that weeds on the owner's property, or along public sidewalks, curb lines, streets, alleys, and within tree wells, are in excess of ten (10) inches shall cut all such weeds within the time period set out in the notice, and the failure to do so shall constitute a violation of this section. Said violation shall be a civil violation which shall be enforced through the levying of a civil penalty. The penalty for the first violation occurring in any six-month period shall be one hundred dollars ($100.00), for a second violation occurring in any six-month period the penalty shall be two hundred fifty dollars ($250.00), and for each additional violation occurring in any six-month period the penalty shall be five hundred dollars ($500.00). (Ord. No. 161, 3-13-2013) Sec. 17-28. Exemptions. The requirement of section 17-24 to cut all weeds shall not apply to any property which meets the following conditions: (1) The parcel is vacant, greater than five (5) acres in size, and is located in a residential zoning district. (2) The parcel is open space (or equivalent) designated as much as a zoning proffer on a subdivision plat, or as a conservation easement; the parcel is not used for active recreation; and the designation contemplates that the area is set aside to remain in a natural state. (3) The parcel is public area set aside by the town to remain in a natural state on a temporary or permanent basis. (4) The parcel is free from the accumulation of trash. (5) The owner or occupant mows a buffer swath at the perimeter of the property, ten (10) feet in width where the property adjoins public or private property in residential, civic, commercial, office, or industrial use; and five (5) feet in width where the property line adjoins a public right-of-way. The vegetation in this buffer area shall not exceed ten (10) inches in height. (Ord. No. 161, 3-13-2013)

Farmville Town Code  View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-11.Adjacent landowner responsibility. No person shall plant, remove, or disturb any tree on or within any town street rights-of-way, park or other public place without first obtaining permission from the town. (Ord. No. 102, 6-15-2006)

Farmville Town Code  View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-14. Enforcement. The town manager and his designee shall have the power to enforce rules, regulations, and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, and other plants as set forth in this chapter. (Ord. No. 102, 6-15-2006)

Farmville Town Code  View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-15. Penalties, claims and appeals. (a) Any person who knowingly and willfully violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter shall be subject to a fine not to exceed two hundred fifty dollars ($250.00) for each separate offense. (b) Any financial and/or material cost of damage to trees, shrubs, or other landscaping that results from violation of any provision of this chapter shall be the responsibility of the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen, and Evergreens," published by the International Society of Arboriculture. Any decision made by the town may be appealed to the town council in the same manner as set forth in the Town of Farmville Code. (Ord. No. 102, 6-15-2006)

Farmville Town Code  View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-6. Licensing and permits. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, spraying, or to otherwise treat trees, shrubs or vines on public property, within the town without first producing evidence of a business license. (Ord. No. 102, 6-15-2006)

Farmville Town Code  View whole ordinance
Chapter 6 BUILDINGS ARTICLE I. GENERAL Sec. 6-3. Moving of buildings. ? (e) The town manager, as a condition precedent to the issuance of such permit, shall require a bond to be executed by the person desiring such permit, with corporate surety to his satisfaction. Such bond shall be made payable to the town and for such amount as he prescribes, but in no event to be less than two thousand dollars ($2,000.00). It shall indemnify the town against any and all damage caused by the moving of such building to streets, curbs, sidewalks, shade trees, highways and any other property which may be affected by the moving of a building. Such surety bond shall also be conditioned upon and liable for strict compliance with the terms of such permit, as to route to be taken and limit of time in which to effect such removal and to repair or compensate for the repair and to pay the town as liquated damages an amount not exceeding fifty dollars ($50.00) to be prescribed by the town manager for each and every day's delay in completing such removal or in repairing any damage to property or public improvement or in clearing all public streets, alleys or highways of any debris occasioned thereby. ? (Ord. No. 79, 12-10-2003) Cross reference? Moving vehicles and traffic, Ch. 15.

Farmville Town Code  View whole ordinance
Chapter 8 CEMETERIES Sec. 8-20. Permit for planting or removal of plants, shrubbery or trees; installing monuments or markers in any lot. No person shall plant or remove any plants, shrubbery, or trees, or install any monument or marker in any lot in Westview Cemetery without first securing a permit from the town manager or his authorized representative to do so. Such permit shall be in writing and in such form as may be prescribed by the town manager. After such plants, shrubbery or trees have been planted or removed, the permit shall be surrendered to the town office and canceled. (Code 1973, ? 8-17) Cross reference? Licenses and permits, Ch. 14; trees and shrubs, Ch. 27.

Franklin City Code  View whole ordinance
Chapter 10. FIRE PREVENTION AND PROTECTION Article I. In General Sec. 10-5.5. Visibility of fire hydrants. (a) It shall be unlawful for any person to plant any trees, shrubs or flowers or erect any structures within a radius of five feet from any City fire hydrant or between a fire hydrant and a public sidewalk or street. (b) There is excepted from the prohibition of this section grass or ground cover not exceeding 12 inches in height. [Ord. of 9-22-1997(1)]

Franklin City Code  View whole ordinance
Chapter 29 VEGETATION Article III. Beautification Commission Sec. 29-66. Permit ? required for planting. It shall be unlawful for any person to plant any tree, shrub or bush in any public park, along streets, and any other publicly owned property without first having obtained a written permit therefor from the City Manager's office and without in all respects complying with the conditions and terms of such permit. Such permit shall set forth the variety of tree, shrub or bush and the location where the same may be planted. [Ord. No. 217, 3-26-1984]

Franklin City Code  View whole ordinance
Chapter 29 VEGETATION Article III. Beautification Commission Sec. 29-67. Same ? required for maintenance. It shall be unlawful for any person, except a City employee in the performance of his duties, to spray or otherwise treat, remove, destroy, break, cut or trim any living tree, shrub or bush, or any part thereof, growing in any street, park, public place or public grounds, without first having obtained a written permit from the City Manager's office. Any such work shall be done subject to supervision by and the control of the City. [Ord. No. 217, 3-26-1984]

Franklin City Code  View whole ordinance
Chapter 29 VEGETATION Article III. Beautification Commission Sec. 29-68. Same ? required for attachments to trees. It shall be unlawful for any person, without first having obtained a written permit from the City Manager's office, to attach any wire, insulator, sign or any other device to any tree growing in any street, park, public place or grounds. [Ord. No. 217, 3-26-1984]

Franklin City Code  View whole ordinance
Chapter 29 VEGETATION Article III. Beautification Commission Sec. 29-69. Same ? issuance. All permits required pursuant to this article shall be issued by the City Manager's office. Prior to the issuance or denial of any such permit, the City Manager shall refer the permit request to the Beautification Commission for its recommendation. The Commission shall give its recommendation to either approve or disapprove the request within 30 days of the date such request is referred to the Commission. [Ord. No. 217, 3-26-1984] Sec. 29-70. Penalty for violation of article. Any violation of this article shall be a Class 3 misdemeanor. [Ord. No. 217, 3-26-1984]

Fredericksburg City Code  View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VI. Trees Sec. 66-222. Planting of trees, shrubs, and vegetation on City property ? Permit required. It shall be unlawful for any person other than the City Manager or his designee to plant, trim, or prune any tree, shrub, or other vegetation on, or to remove any tree, shrub, or other vegetation from, any dedicated City street, alley, park, or other property owned or controlled by the City without first obtaining the written permission of the City Manager or his designee; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass in the public right-of-way. For purposes of this article, the term "city-owned property" shall mean any lands owned by the City within the City except for property under the jurisdiction and control of the School Board. Any tree, shrub, or other vegetation planted in violation of this section shall be subject to removal by the City. [Ord. No. 04-08, 4-27-2004]

Fredericksburg City Code  View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VI. Trees Sec. 66-223. Same ? Permitted species. A. It shall be unlawful for any person to plant any tree, shrub, or other vegetation on City-owned property unless it is shown on the current list of approved species developed and maintained by the City Manager. Any tree, shrub, or vegetation planted in violation of this section shall be subject to removal by the City. B. The City Manager or his designee may plant trees, shrubs, and vegetation not shown on the list of approved species in public parks only. [Ord. No. 04-08, 4-27-2004]

Fredericksburg City Code  View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VI. Trees Sec. 66-224. Issuance of tree permits. A. The City Manager or his designee shall have the authority to issue a tree permit to any person upon payment of an application fee to be established by the City Manager in order to plant any approved tree, shrub, or vegetation on City-owned property upon such terms and conditions as the City Manager deems appropriate and that are consistent with the provisions of this article. B. Any permit used pursuant to this section shall contain a clear description of the action to be performed, the approved location, the species of tree or shrub, the duration of the permit, and any other requirements deemed necessary by the City Manager or his designee. All work performed under such permit shall be in strict accordance with the terms thereof. [Ord. No. 04-08, 4-27-2004]

Fredericksburg City Code  View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VIII. Use of Other Public Property Sec. 66-251. General regulations on use of public property. A. These general regulations apply to the parks, trails, parking lots, parking decks, riparian land, and other property described in this article, unless a more specific section of this article applies. B. Prohibited activities. It shall be unlawful, on the land described in Subsection A, to: ? (8) Cut, clear, damage, or destroy any tree or other natural vegetation. ? ? [Ord. No. 14-04, 1-28-2014]

Hampton City Code  View whole ordinance
Chapter 13.1 LAND DISTURBING OPERATIONS ARTICLE I. LAND DISTURBING ACTIVITY AND EROSION AND SEDIMENT CONTROL GENERALLY Sec. 13.1-11. Preparation of plan; preliminary plan. Modified (a) Any person proposing to undertake any land-disturbing activity, other than those exempted by section 13.1-3 herein, shall prepare and submit to the agent a land-disturbing plan, prepared in accordance with the following criteria: (1) The plan required by this chapter shall be prepared by a certified professional engineer or land surveyor duly licensed by the commonwealth and shall be developed in accordance with the Virginia Erosion and Sediment Control Law, Virginia Code ? 62.1-44.15:51, et seq. , and the Virginia Erosion and Sediment Control Regulations, 9VAC25-840, et seq. (2) The plan shall consist of a recent physical survey of the parcel(s)/lot(s) where the land-disturbing activity is proposed drawn to a graphic scale and shall include: ? f. Existing trees, watercourses, and utilities; ? ? (5) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject to an erosion and sediment control plan consistent with the requirements of this chapter, chapter 9, article II of the city zoning ordinance, and chapter 33.2 of the city stormwater management ordinance. Additionally, on properties zoned O-CBP, areas shown on the site plan as undisturbed, or as a buffer proffered as part of a conditional rezoning or required for a use permit, or as part of a resource protection area, shall be protected from disturbance by the following methods: a. Prior to disturbing the site, undisturbed areas shall be delineated by a form of fencing or markings which clearly identify the area boundaries and intent. Fencing, markers, or similar barriers shall be placed around the undisturbed area, and shall display brightly colored flags or signs in a manner that is plainly visible to equipment operators and ground workers. Fencing or markers shall be located such that a distance of not less than six (6) inches for every one (1) foot in diameter of tree trunk shall be maintained from any tree within the undisturbed area. ? d. Removal of trees not retained shall be in a manner which avoids injury to remaining trees. ? ? (Ord. No. 1037, 2-26-92; Ord. No. 1483, 8-15-07; Ord. No. 14-0004, 4-9-14; Ord. No. 15-0010, 3-25-15) Sec. 13.1-19. Permit restrictions and conditions. (a) All activity under the permit shall be conducted by the owner of the property or his representative. (b) In granting any permit required by this chapter, the department shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property or cause environmental damage. Such conditions may include, but are not limited to: ? (5) Requirement that additional measures to adequately protect and preserve trees and shrubs designated as plants to remain. ? (Code 1964, ?? 16.1-3, 16.1-13; Ord. No. 672, 10-8-80; Ord. No. 1483, 8-15-07; Ord. No. 14-0004, 4-9-14)

Hampton City Code  View whole ordinance
Chapter 34 STREETS AND SIDEWALKS ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS GENERALLY DIVISION 2. PERMIT GENERALLY Sec. 34-43. Application. (a) Application for a permit under this division shall be filed in the office of the director of public works on forms supplied by the city. Such application shall show all required information and be signed by the applicant or his authorized agent. Such application shall include a description of the work to be done and a sketch showing such work. Such sketch shall show the following: ? (5) Any tree which is to be removed, and the location and description of trees and shrubs within and adjacent to the right-of-way. (b) An application for a permit for underground installations must be accompanied by a sketch showing: ? (6) The location and description of trees and shrubs within and adjacent to the right-of-way. (Code 1956, ?? 19-18?19-20; Code 1964, ?? 37-18?37-20; Ord. No. 1029, 11-13-91; Ord. 1456, 1-24-07) Sec. 34-49. Issuance for cutting, trimming or spraying trees or shrubs. The director of public works may issue a permit under this division for the cutting, trimming or spraying of trees or shrubs on a street only when such work is fully justified in the public interest and the permit shall prescribe the manner in which such work is to be done. (Code 1956, ? 19-35; Code 1964, ? 37-35; Ord. No. 1029, 11-13-91; Ord. 1456, 1-24-07)

Hampton City Code  View whole ordinance
Chapter 34 STREETS AND SIDEWALKS ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS GENERALLY DIVISION 2. PERMIT GENERALLY Sec. 34-41. General requirement and exceptions. (a) Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the provisions of this division. Such permit shall also be required before any person stencils or paints any figure, name or other representation on any curb. ? (Code 1956, ? 19-17; Code 1964, ? 37-17; Ord. No. 1029, 11-13-91; Ord. 1456, 1-24-07)

Harrisonburg City Code  View whole ordinance
Title 15 HEALTH AND SANITATION CHAPTER 4. CRIMES AGAINST PROPERTY ARTICLE C. DAMAGE TO AND TAMPERING WITH PROPERTY Sec. 16-4-33. Injuring, etc., any property, monument, etc. If any person, unlawfully, but not feloniously, take and carry away, or destroy, deface or injure any property, real or personal, not his own, or break down, destroy, deface, injure or remove any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a class 1 misdemeanor. State Law reference? Va. Code, ? 18.2-137. Cross reference? Injuries to cemeteries, burial grounds, etc., ? 16-4-15. Sec. 16-4-35. Destruction of trees, shrubs, etc.; depositing trash. (a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the city as a public park, or as a refuge or sanctuary for wild animals, birds or fish or to deposit any trash, debris, garbage or litter thereon, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary. (b) Any person violating this section shall be guilty of a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit. State Law reference? Va. Code, ? 18.2-140.

Harrisonburg City Code  View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS CHAPTER 6. PUBLIC TREE ORDINANCE Sec. 9-6-7. Public tree care. (a) The city shall use established standards to plant and care for public trees, such as: ISA (International Society of Arboriculture) standards, Virginia Cooperative Extension Service publications, and ANSI A-300. (b) Permits must be requested and obtained from the public tree advisory board before: (1) Removal of any public trees by the city or private property owners or others; (2) Planting of any public tree by any private property owner or others; or (3) Pruning of any public tree by any private property owner or others. (c) Established standards shall be followed for work as cited above to ensure quality care of public trees. (d) In the event of an emergency, such as a fallen tree or other condition requiring the immediate removal of a public tree, the tree may be removed without complying with the provisions of subsection (b) above. An "emergency" shall include, but not limited to: trees posing an immediate danger to public safety, trees causing outage of utility services, etc. (e) When the city removes a tree, it shall be city policy to plant an appropriate replacement somewhere in the general area, which may include offering a replacement to a private property owner for planting on private property where replacement on public property is not practical. (f) Applications for permits required by the provisions of this chapter shall be made at the office of the department of planning and community development, not less than thirty (30) days in advance of the time the work is desired to be done. (Ord. of 12-14-04)

Hopewell City Code  View whole ordinance
Chapter 25 Offenses - Miscellaneous Sec. 25-35. Destruction of trees, shrubs, etc., on land of another, public park or wildlife refuge or sanctuary. (a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained as a public park, or as a refuge or sanctuary for wild animals, birds or fish, without having previously obtained the permission, in writing, of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary. (b) Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.

Leesburg City Code  View whole ordinance
Chapter 22 NUISANCES Sec. 22-1. Dangerous, offensive, etc., conditions on property generally. (a) It shall be unlawful for any owners of property to maintain on said property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents. (b) Upon notice from the town, a property owner shall within five days remove all trash, garbage, refuse, litter and other substances. In the event the property owner fails to comply with said notice, the town through its agents or employees may elect to remove the trash, garbage, refuse, litter and/or other substances, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected as taxes are collected. (c) It shall be unlawful for the owners of property to permit grass, weeds and other foreign growth to exceed 12 inches. It shall be unlawful for the owners of any property to permit unsafe trees to remain on the property that would pose a threat to public property and persons on public property. (d) Upon notice from the town, a property owner shall within five days cut or trim grass, weeds, unsafe trees, and other foreign growth on such property or any part thereof to a height no greater than 12 inches. In the event the property owner fails to comply with said notice, the town through it agents or employees may elect to cut or trim the grass, weeds, remove or trim unsafe trees to render it safe, and foreign growth, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected as taxes are collected. (e) Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, title 58.1, ch. 39, arts. 3 and 4 (Code of Virginia, ?? 58.1-3940 et seq., 58.1-3965 et seq.). The town may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. If the sum due to the town has not been paid within 15 days from receipt of such notice, the town manager shall and is authorized to distrain therefore goods or chattels within the town to collect the sum due, or to treat the unpaid sum as a lien against the property superior to the interests of any owner, lessee or tenant, and next in succession to the town real estate taxes thereon and to add the charges to the amount due for the current town real estate taxes on said property. (f) Any violations of the section shall be subject to a civil penalty of $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period. The civil penalties are in addition to any costs the property owner incurs as a result of the failure to comply with this section. (g) In the event three civil penalties have been previously imposed on the same property owner for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, the fourth violation shall be a class 3 misdemeanor. (Code 1963, ? 12-10; Code 1976, ? 11-38; Ord. No. 76-0-6, ? 2, 4-14-1976; Ord. No. 2006-0-01, ? I, 1-10-2006) State Law reference? Authority to so provide, Code of Virginia, ? 15.2-901.

Lexington City Code  View whole ordinance
Chapter 380. Trees [HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.] Sec. 380-13. Violations and penalties. Unless specified elsewhere, violation of any section of this chapter shall be an unclassed misdemeanor punishable by a fine as set forth in the annual appropriations resolution. Sec. 380-14. Enforcement. The City Arborist is hereby charged with the responsibility for the enforcement of this chapter and may serve notice to any person in violation of it or may recommend the institution of legal proceedings as may be required. The City Manager may request the City Attorney to institute appropriate legal proceedings to that end.

Luray Town Code  View whole ordinance
Chapter 58 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE I. IN GENERAL Sec. 58-15. Destruction of property. (a) If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of the town or any tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the town or other organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury. (b) If any person intentionally causes such injury, he shall be guilty of a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution. (Ord. of 12-8-2008(2), ?? 1, 2)

Luray Town Code  View whole ordinance
Chapter 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 74-9. Clearance for awnings, fire escapes, signs, tree limbs, etc., over streets, sidewalks, alleyways, rights of way, etc. (a) Pursuant to the Code of Virginia, 1950, ? 15.2-2010, as amended, it shall be unlawful for any person to place or allow to remain over any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, any awnings, fire escapes, shutters, signs, cornices, gutters, downspouts, bay windows and other appendages to buildings or property, unless the same be at least 14 feet above the street, or nine feet above such other public places or public property, and with authorization of the town manager, or their designee. The town manager, or their designee, may remove the thing whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill. (b) It shall be unlawful for any person to place or allow to remain over any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, any tree, shrub, bush or other growth, or any part thereof, unless the same be at least 14 feet above the street, or nine feet above such other public places or property. The town may remove the tree, shrub, bush or other growth, or any part thereof, whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill. ? For the purpose of this section, the term "sidewalk" shall mean not only any sidewalk on the property of the town, but also the property of any person which is adjacent thereto, not more than three feet therefrom, and not enclosed. (d) Any person who violates this section as the owner or occupant of the subject property shall be guilty of a Class 4 Misdemeanor. (Code 1965, ?? 24-22, 24-23; Code 1981, ? 16-10; Ord. No. 2005-11-08, ? 1, 11-14-2005; Ord. of 5-27-2014, ? 1) State Law reference? Authority of town to permit signs, etc., to overhang street, etc., Code of Virginia, ? 15.2-2010.

Luray Town Code  View whole ordinance
Chapter 90 VEGETATION Sec. 90-1. Grass, weeds and other foreign growth. (a) It shall be unlawful for any person to keep or maintain on his premises any grass, weeds or other growth which is detrimental to the health, comfort or general welfare of any person, including but not limited to any grass, weeds or other growth of ten inches or more in height. However, the provisions of this section shall not apply to any person whose premises are lawfully devoted to agriculture (b) The town may remove the grass, weeds or other growth, whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill. ? Violations of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation. The civil penalty for subsequent violations within 12 months of the first violation shall not exceed $200.00. Such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed within a 24-month period. (Code 1965, ?? 12-6?12-9; Code 1981, ? 14-35; Ord. of 4-14-1997, ? 1; Res. No. 2005-11-06, ? 1, 11-14-2005) State Law reference? Authority of town to compel the cutting of grass, weeds and other foreign growth on vacant property, Code of Virginia, ? 15.2-901.

Lynchburg City Code  View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE III. PERMITS Sec. 38-39. Application?When due. Application for permits required by the provisions of this article shall be made at the office of the urban forester not less than 48 hours in advance of the time the work is to be done. (Code 1959, ? 23.1-15; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-42. Standards of issuance. The urban forester shall issue the permit required by this article if, in his judgment, the proposed work is desirable and the proposed method of workmanship thereof is of a satisfactory nature. (Code 1959, ? 23.1-18; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-43. Conditions. The urban forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter. (Code 1959, ? 23.1-19; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-44. Expiration. Any permit granted under the provisions of this article shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. (Code 1959, ? 23.1-20; Ord. of 5-23-78) Sec. 38-45. Notice of completion. Notice of completion of work authorized by a permit issued under the provisions of this article shall be given within five days to the urban forester for his inspection. (Code 1959, ? 23.1-21; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)

Lynchburg City Code  View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE III. PERMITS Sec. 38-40. Same?Planting. The application for a permit to plant a tree under the provisions of this chapter shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the urban forester shall find reasonably necessary to a fair determination of whether a permit should be issued. (Code 1959, ? 23.1-16; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)

Lynchburg City Code  View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE III. PERMITS Sec. 38-41. Same?Maintenance. The application for a permit to maintain trees under the provisions of this chapter shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the urban forester shall find reasonably necessary to a fair determination of whether a permit should be issued. (Code 1959,? 23.1-17; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)

Lynchburg City Code  View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE III. PERMITS Sec. 38-38. Required. No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or city owned property without first filing an application and procuring a permit from the urban forester. The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by this chapter. (Code 1959, ? 23.1-14; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)

Manassas City Code  View whole ordinance
Chapter 122 VEGETATION ARTICLE II. TREE CONSERVATION DIVISION 3. PROTECTION AND NUISANCE ABATEMENT Sec. 122-71. Marking, pruning, damaging or killing trees belonging to another; posting signs, etc. (a) It shall be unlawful and a Class 1 misdemeanor for any person intentionally to mark, prune, damage or kill a tree, not his own, or to affix a sign or other object to a tree without the consent of the owner. This subsection shall not apply to a property owner who, personally or through an agent, trims or prunes trees which extend from a neighbor's property into his own. (b) Posting a sign or other object on a tree belonging to the city is prohibited by section 6-1 of this Code. (Ord. No. O-2002-07, ? 1(31.1-6), 11-15-2001)

Manassas City Code  View whole ordinance
Chapter 70 HEALTH AND SANITATION ARTICLE III. OFFENSES AGAINST PROPERTY Sec. 78-73. Damaging property generally; damaging monuments. (a) If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal any monument or memorial for war veterans described in Code of Virginia, ? 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War Between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury. (b) If any person intentionally causes such injury, he shall be guilty of a Class 1 misdemeanor if the value of or damage to the property or monument is less than $1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such property or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution. (Code 1978, ? 21-32; Ord. No. O-2002-07, ? 2, 11-15-2001) State Law reference? Similar provisions, Code of Virginia, ? 18.2-137.

Martinsville City Code  View whole ordinance
Chapter 13 OFFENSES?MISCELLANEOUS Sec. 13-29. Damaging or defacing property in or on streets, lanes or public squares. Every person who shall maliciously, wantonly or carelessly mark with chalk or daub with paint, cut, break or otherwise injure or deface any fence, wall, post, lamppost, lamp or lantern, utility pole, tree, tree box, show window, house or other building or sidewalk in or upon any of the streets, lanes or public squares of the city shall be guilty of a Class 1 misdemeanor. Cross reference? Penalty for Class 1 misdemeanor, ? 1-11; permit to cut, trim, etc., street trees, ? 19-10.

Martinsville City Code  View whole ordinance
Chapter 13 OFFENSES?MISCELLANEOUS Sec. 13-37. Excessive growth of grass, weeds, etc., on vacant property. (a) It shall be the duty of the owner of any parcel of land in the city to cut or cause to be cut all grass, weeds or like vegetative growth which exceeds a height of eighteen (18) inches above the ground and which is deemed by the director of public works to create a potential threat to public health or safety; and it shall be the duty of the owner of any legally established lot situated in the city fronting a city-maintained public street to cut thereon any weeds, brush, grass or like vegetative growth if an occupied building or residence is situated on an adjacent lot, subject to the following: (1) Applicable growth shall be cut to a height of eighteen (18) inches above ground for a depth of eighty (80) feet from the street line measured at ninety (90) degrees with the street line; and (2) Such vegetative growth shall be cut two (2) times per year between May 15 and June 15; and between August 1 and September 1. The director of public works may grant a variance from these requirements if, in his opinion, steep slopes or terrain make it impractical to cut such vegetative growth as described above provided that the intent of these requirements is complied with. Should the owner of any such property fail or refuse to abide by this requirement, the director of public works shall give a written notice to such owner requiring him to cut or have cut such grass, weeds or vegetative growth within fifteen (15) days after the date of the notice. ? (e) Nothing in this section shall be cons1d to require the cutting of any tree or ornamental shrubbery, unless it is creating a safety hazard. (Ord. of 8-24-82, ? 8-2; Ord. No. 87-1, 1-13-87) Charter reference? Authority of city to require premises be kept clean, sanitary and free from weeds, Ch. 1, ? 2(20). Cross reference? Penalty for Class 4 misdemeanor, ? 1-11; removal or screening of accumulations of waste material on private property, ? 18-2. State Law reference? Authority for above section, Code of Virginia, ?? 15.1-11, 15.1-867.

Martinsville City Code  View whole ordinance
Chapter 19 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 19-10. Trees on streets or sidewalks. (a) Shade trees may be planted along a sidewalk pursuant to a permit issued by the director of public works and at such points as he shall designate, but no cottonwood, poplars and silver maples shall be planted along any sidewalk within the city. (b) No person shall cut, trim, deface or injure in any manner or remove any tree on the streets, sidewalks or other public property in the city, unless permission in writing is obtained from the director of public works. Upon such permission being granted, the cutting, trimming or removal shall be done in accordance with such regulations and instructions as may be given by the director of public works. The person obtaining such a permit shall pay to the city the actual cost of the city representative in supervising the cutting, trimming or removal of the tree. (Code 1971, ? 15-8) Cross reference? Damaging street trees generally, ? 19-29.

Martinsville City Code  View whole ordinance
Chapter 19 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 19-11. Shrubbery or tree limbs extending from private property across sidewalk or right-of-way or obstructing vision at intersection. The owner or occupant of any lot adjacent to any paved sidewalk, public right-of-way or street intersection within the city shall not permit thereon any shrubbery or tree limbs which extend across the line of the sidewalk or public right-of-way or which obstruct the vision of motorists or pedestrians at such intersection so as to create a hazardous condition. It shall be unlawful and a Class 4 misdemeanor for any person to violate this section after due notice from the city manager. (Code 1971, ? 15-10) Cross reference? Penalty for Class 4 misdemeanor, ? 1-11. Sec. 19-13. Deposit of cuttings on streets. It shall be unlawful and a Class 4 misdemeanor for a first offense and a Class 3 misdemeanor for any subsequent offense for any person to rake, deposit or place leaves, grass clippings, brush trimmings or branches or other green waste or cuttings of vegetative matter in or on any street, alley or other public property within the city, without first having obtained the consent thereto of the director of public works. This section shall not prohibit the placement of such material at the curb for pickup by the city as a part of its refuse collection service. (Ord. No. 2010-06, 7-13-2012) Cross reference? Penalty for Class 4 misdemeanor, ? 1-11; littering streets, ? 18-1.

Martinsville City Code  View whole ordinance
Chapter 21.5 TREES Sec. 21.5-14. Permits. No person other than the zoning administrator, his/her designee, or a contractor hired by the city, may perform any of the acts described in this chapter without first obtaining permits as required in this chapter, for which no fee shall be charged. (Ord. No. 2004-20, ? XIV, 1-25-2005) Sec. 21.5-15. Enforcement. The zoning administrator, or his/her designee, shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants, subject to this chapter. (Ord. No. 2004-20, ? XV, 1-25-2005)

Martinsville City Code  View whole ordinance
Chapter 21.5 TREES Sec. 21.5-16. - Penalties, claims and appeals. Public employees, performing assigned duties, shall be exempt from penalties and claims that proceed from violation of any section of this chapter. Any person, firm, or corporation whether a principal, agent, employed or otherwise, knowingly and willfully violating or causing or permitting the violation of this chapter, shall be guilty of an unclassified misdemeanor, punishable by a fine as set forth by the court, not to exceed two thousand five hundred dollars ($2,500.00). Failure to remove or abate such violation within the specified time period set by the court upon conviction, shall constitute a separate unclassified misdemeanor offense punishable by a fine as set forth by the court, not to exceed two thousand five hundred dollars ($2,500.00). Any such failure during any succeeding thirty-day period shall constitute a separate unclassified misdemeanor offense for each thirty-day period punishable by a fine as set forth by the court, not to exceed two thousand five hundred dollars ($2,500.00). Any financial and/or material cost of damage to trees, shrubs, plants or landscaping that results from violation of any provision of this chapter shall be the responsibility of the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture. (Ord. No. 2004-20, ? XVI, 1-25-2005)

Martinsville City Code  View whole ordinance
Chapter 21.5 TREES Sec. 21.5-8. Licensing. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or to otherwise treat trees, shrubs or vines on public property within the city without first producing evidence of a City of Martinsville business license. (Ord. No. 2004-20, ? VIII, 1-25-2005) Sec. 21.5-9. Insurance. All contractors in the business of planting, cutting, trimming, pruning, removing, spraying, and otherwise treating trees, shrubs or vines on public property within the city shall show proof of liability insurance. This certificate of insurance shall be in the amount as required by the responsible city department. This coverage shall be for bodily injury or death and property damage, indemnifying the city or any person injured or damages resulting from the pursuit of such endeavors, as herein described. (Ord. No. 2004-20, ? IX, 1-25-2005)

Middleburg Town Code  View whole ordinance
Chapter 105 TREE PRESERVATION 105-18 Violations Violations of this ordinance shall constitute a civil offense and be subject to fines up to $2,500 for each violation. For purposes of this ordinance, each tree removed or harmed without meeting the provisions of the ordinance shall constitute a separate offense. 105-19 Enforcement The Town Administrator or his designee is hereby charged with the responsibility to enforce this ordinance. 105-20 Liability Nothing in this ordinance shall be deemed to impose any liability upon the Town, its officers or employees, or the Streetscape Committee or its members, nor to relieve the property owner of any private property from the duty to keep any tree or shrub on his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park or other public place within the Town.

Newport News City Code  View whole ordinance
Chapter 33.02 SITE REGULATIONS ARTICLE I. IN GENERAL Sec. 33.02-8. Land-disturbing permit required. A person shall not cut down, destroy, remove, move or otherwise damage trees on vacant, developed or undeveloped property in such a manner as to change existing contours of the land until a site plan and/or erosion control plan has been approved and a land-disturbing permit has been issued in accordance with the provisions of this chapter or Chapter 35, "Soil Removal and Other Land-Disturbing Activities" of this Code. (Ord. No. 4952-96; Ord. No. 5030-97)

Newport News City Code  View whole ordinance
Chapter 38 STREETS AND SIDEWALKS ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS DIVISION 2. PERMIT GENERALLY Sec. 38-47. General requirements and exceptions. Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation, or to cut, trim or spray trees, or to place construction signs or materials if such work, cutting, trimming, spraying or placing is on, under, over or in any way affects the surface or subsurface of any street, lane, alley, right-of-way or easement in the city without first having obtained a permit therefor from the director of engineering or the director's authorized representative; nor shall such work be performed after such permit shall have been revoked by the director of engineering or the director's authorized representative, or by the terms of the permit. ? (Ord. No. 62, ? 2; Code 1961, ? 36-28; Ord. No. 3051-83; Ord. No. 3111-83, ? 1; Ord. No. 3134-84) Sec. 38-49. Application. (a) Application for a permit required by this division shall be filed in the office of the director of engineering on forms supplied by the city. Such application shall show all required information and be signed by the applicant or the applicant's authorized agent. Such application shall include a description of the work to be done and a sketch showing such work, if required by the director of engineering. (b) Sketches filed with an application under this section shall show the following: ? (5) Any tree which is to be removed. ? (Ord. No. 62, ?? 4, 5, 15, 20; Code 1961, ?? 36-29?36-32; Ord. No. 3051-83; Ord. No. 3111-83, ? 1) Sec. 38-55. Issuance for cutting, trimming or spraying trees. The director of engineering may issue a permit under this division for the cutting, trimming or spraying of trees on a street only when such work is fully justified in the public interest. Such work shall be done only in a manner prescribed in the permit so issued. (Ord. No. 62, ? 24; Code 1961, ? 36-52; Ord. No. 3051-83; Ord. No. 3111-83, ? 1) Sec. 38-59. Contents of permits. Permits issued under this division shall specify the manner and the conditions under which the permitted work shall be done. Unless otherwise specified in the permit, every permit issued shall be deemed to include the following provisions: ? (7) No tree roots shall be cut to the extent of rendering the tree unsafe and, if possible, tunneling through or under roots instead of cutting anchor roots shall be followed. ? (Ord. No. 62, ?? 9, 21; Code 1961, ?? 36-36, 36-37; Ord. No. 3051-83; Ord. No. 3111-83, ? 1; Ord. No. 3223-84) Sec. 38-75. Protection of adjoining property. The permittee shall at all times at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public property, the appropriate city department or city official having control of such property. (Ord. No. 3051-83)

Newport News City Code  View whole ordinance
Chapter 40.3 VEGETATION Sec. 40-3.3. Pruning, removing, damaging, etc., generally. (a) No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree, shrub, landscape planting or other vegetation located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree, shrub, landscape planting or other vegetation; provided, however, that permits for the activities listed in this subsection affecting any tree, shrub, landscape planting or other vegetation located within city rights-of-way shall be issued by the department of engineering after review and recommendation by the director. (b) No person shall, without a permit from the director, injure, disturb, misuse or remove any device placed to protect any tree, shrub, landscape planting or other vegetation located on city property; provided, however that permits for the activities listed in this subsection affecting any tree, shrub, landscape planting or other vegetation located within city rights-of-way shall be issued by the department of engineering after review and recommendation by the director. (c) The provisions of this section shall not apply to any cutting or trimming of grasses upon city rights-of-way by the owner of property adjacent to such right-of-way. (Ord. No. 5679-01, ? 1)

Newport News City Code  View whole ordinance
Chapter 40.3 VEGETATION Sec. 40.3-5. Unauthorized attachments. No person shall, without a permit from the director, attach or keep attached a sign, rope, wire, or any other device to a tree, shrub, landscape planting or other vegetation located on city property, or to the guard or stake intended for the protection of such tree, shrub, landscape planting or other vegetation. (Ord. No. 5679-01, ? 1) Sec. 40.3-6. Impeding entrance of air and water to roots. No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree, shrub, landscape planting or other vegetation on city property. An open space of ground shall be maintained outside the trunk of any such tree, shrub, landscape planting or other vegetation. Such open space shall not be less than four (4) square feet in area. (Ord. No. 5679-01, ? 1)

Norfolk City Code  View whole ordinance
Chapter 12 CEMETRIES DIVISION 1. GENERALLY ARTICLE I. IN GENERAL Sec. 12-16. Permit for planting or removal of plants, shrubbery or trees. No person shall plant or remove any plants, shrubbery or trees in any lot in any of the cemeteries of the city without first securing a permit from the director of facilities and enterprise management to do so. Such permit shall be in writing and in such form as may be prescribed by the director. After such plants, shrubbery or trees have been planted or removed, the permit shall be surrendered to the director and cancelled. (Code 1958, ? 10.1-26; Ord. No. 40,343, ? 4, 6-5-01) Sec. 12-37. Cutting or picking flowers, plants or shrubs. No person shall cut, pick or pluck any plant, flower or shrub in any of the cemeteries. (Code 1958, ?? 10.1-23, 10.1-32) Cross reference? Trees and other vegetation, Ch. 45. State Law reference? Similar provisions, Code of Virginia, ? 18.2-127. ARTICLE II. SUBDIVISION OF CEMETRIES DIVISION 2. FOREST LAWN CEMETERY Sec. 12-65. Live Oak Lawn generally. ? (c) In case a tree is planted at the intersection of any two (2) or more lots, the area occupied by such tree shall be considered as part of such lot in computing the number of adult burial spaces the purchaser of such lot shall pay for. Should any such tree, by reason of its growth, later occupy an increased area of any lot, the number of adult burial spaces in such a lot shall be reduced accordingly. (Code 1958, ? 10.1-88) ARTICLE III. GENERAL RULES AND REGULATIONS Sec. 12-248. Planting shrubs, plants and trees. (a) The director of facilities and enterprise management may grant to any person entitled to use a lot in Forest Lawn, Calvary, Calvary Cemetery Annex and any new sections in other cemeteries, such as Garden of Eternal Life, except that part as designated Live Oak Lawn and Subdivision of Blocks B and C, Live Oak Lawn, to plant and cultivate shrubs, plants and trees in such lot; provided, such person shall release the city of any obligation for the care and upkeep of such lot, which care and upkeep shall thereafter be at the cost and expense of such person. In the event such lot is not kept in good condition to the satisfaction of the director of facilities and enterprise management for any period of more than forty-five (45) consecutive days, the director of facilities and enterprise management shall remove such shrubs, plants and trees so planted and the care and upkeep of such lot shall thereafter be at the cost and expense of the city, as is now or may hereafter be provided by ordinance. (b) Planting will not be permitted on less than a four-grave lot or on less than any whole lot. (c) No planting on Pine Gardens, Sections I and II, shall be permitted in the front and rear of the lots, unless the same shall be done under the supervision of the cemetery management. (d) There will be no planting on Live Oak Lawn and Subdivision of Blocks B and C, Live Oak Lawn, at Forest Lawn, except that done by the city for the maintenance and beautification of the lawn. (Code 1958, ? 10.1-83; Ord. No. 40,343, ? 17, 6-5-01) Cross reference? Trees and other vegetation, Ch. 45.

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE I. GENERALLY Sec. 45-1. Violations. Unless otherwise specified, any person violating any provision of this chapter or any permit issued pursuant to any provisions of this chapter shall be guilty of a class 1 misdemeanor. Each day a violation continues shall be deemed a new violation. In addition to any penalties imposed for each violation, a judge hearing the case may order the person responsible for such condition or violation to restore, remediate or correct the violation or condition, and each day's default in such restoration, removal or remediation after being so ordered shall constitute a violation of and a separate offense under this chapter. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE I. GENERALLY Sec. 45-5. Interference with bureau of parks and forestry. No person shall, in anywise, interfere with, hinder, prevent or delay or cause or permit any person to interfere with, hinder, prevent or delay the bureau of parks and forestry, or its employees, in the enforcement of this chapter, or in and about the planting, mulching, pruning, spraying, treating or removing of any tree in the public streets, parks, schools, city-owned cemeteries, or other city-owned property, or in the removing of stone, cement or other sidewalks, or stone, cement or other substances about the trunk of any tree in any street, or in cultivating, seeding and caring for the area between the street curbing and the walkway in any sidewalk of the city. (Ord. No. 41,728, ? 1, 2-15-05) Sec. 45-7. Picking, pulling, damaging, etc., vegetation on lands of another or in park or wildlife sanctuary. It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found growing or being upon the land of another, or upon any land reserved, set aside or maintained by the city as a public park, or as a refuge or sanctuary for wild animals, birds or fish, without having previously obtained the permission in writing of such other owner or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same is done under the personal direction of such owner, his agent, tenant or lessee, or the superintendent or custodian of such park, refuge or sanctuary. (Ord. No. 41,728, ? 1, 2-15-05) Sec. 45-8. Selling trees or shrubs removed from property of another. It shall be unlawful for any person to sell or offer for sale within the city any tree, shrub or vine, or any part thereof which was picked, pulled up, torn up, dug up, cut or broken on the property of another without previously obtaining permission, in writing, from such other person, his agent, tenant or lessee. (Ord. No. 41,728, ? 1, 2-15-05) Sec. 45-9. Failure to install or maintain landscaping. It shall be unlawful to neglect or fail to install or maintain landscaping as shown on an approved site plan where the landscaping has been reviewed and approved by the director of neighborhood and leisure services or his designee as part of the site plan review process pursuant to the zoning ordinance. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-13. Permits; when required. (a) Residents of Norfolk may apply for a permit to prune and trim city trees located between the curbs and sidewalks. A request for a permit can take place only after a resident has successfully completed a workshop devoted to basic tree trimming techniques led by an I.S.A. certified arborist for the city, and the individual resident receives a certificate of completion in such training. All appropriate tools and required safety equipment must be supplied by the resident(s) and approved by the arborist. The pruning may take place from the ground only, utilizing only nonpowered hand tools. Debris from any pruning session must be removed in accordance with normal Norfolk Division of Waste Management regulations. (b) Except as otherwise provided in this section, it shall be unlawful for any person except an authorized employee of the bureau of parks and forestry to perform any of the following acts on city-owned property without first obtaining a permit from the director: (1) Plant, transplant, prune, trim, root prune, spray, fertilize, treat, remove, paint, climb or otherwise damage or disturb any tree, shrub or other vegetation or any part thereof (including live, diseased, declining or dead), or protective and supportive devices. (2) Place either above or below ground level, a container for trees, shrubs or other vegetation. (3) Affix or cause to be affixed to any tree, shrub or other vegetation any sign, notice, announcement, banner, rope, cable, nail, tape, wire, or any other object, or to use the same in any connection with any guard or stake protecting or supporting such tree, or permit any electrical wires, cables, poles, cross arms, brackets, insulators, or other wires or fixtures to come into contact with any shade tree or ornamental tree on the streets or other city owned property. (4) Dig a tunnel, trench, or otherwise excavate within the critical root zone of a tree, except within the paved roadways from curb face to curb face. (5) Apply and chemical or material of any sort to or within the critical root zone of any tree located on city-owned property, including but not limited to insecticides, herbicides, fungicides, or soil sterilants/or growth regulators that either prevent or hinder the establishment or viability of vegetation or is detrimental to the environment. (6) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the critical root zone of any tree, shrub or other vegetation. (c) It shall be unlawful for any person to perform any of the following acts within the resource protection area or intensely developed areas in the Chesapeake Bay Preservation Area Overlay District without first obtaining a permit from the director: (1) Plant, transplant, trim, prune, remove or otherwise disturb any tree, shrub or other vegetation (including live, diseased, declining or dead), or portion thereof. (2) Damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any other manmade object to any tree or shrub. (3) Dig a tunnel trench or otherwise excavate within the critical root zone of any tree, shrub or other vegetation. (4) Apply any chemical, including, but not limited to, herbicides and/or growth regulators, that either prevents or hinders the establishment of viability of vegetation or is detrimental to the environment. (5) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the crown-spread or critical root zone of any tree, shrub or other vegetation. (d) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice as approved by the bureau of environmental services and in accordance with applicable permit conditions or requirements. (e) When trees, shrubs or other vegetation are removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced in accordance with controlling arboricultural specifications and standards. Failure to mitigate as directed shall constitute a violation of this chapter. (f) It shall be unlawful to fail to comply with any terms or conditions of any permit issued pursuant to this section. (g) Nothing in this section shall be cons1d to exempt any person from the requirements of obtaining any additional permits as may be required by law. (Ord. No. 41,728, ? 1, 2-15-05; Ord. No. 44,580, ? 1, 2-28-12)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-14. - Maintenance permit for work on city property. (a) The director, under special circumstances, may issue a maintenance permit which authorizes residents within a defined area to maintain the shrubs, trees and flowers on city-owned property lying between the paved portion of the street and in areas of the city where sidewalks do not exist and the distance between the paved portion of the street and the property line is larger than is normally found in other areas of the city, and in such other areas as the director shall determine that the issuance of such maintenance permit would be in the best interest of the city in carrying out the purpose and intent of the tree ordinance. The director may impose such conditions and limitations on the permits as would be consistent with the terms and conditions of this article. If residents in the area fail to carry out the maintenance program within the conditions and limitations set forth in the permit, the director of neighborhood and leisure services may revoke the same. The issuance of such permit shall not in any way condone or authorize any property owner to maintain a public nuisance on public or private property, nor does the permit exempt such property owner from the other provisions of this article. (b) The director may issue an area-wide or city-wide permit in order to correct or eliminate problems or conditions where it is not feasible or practicable to handle in any other way. The director may implement this permit by advertising in a newspaper of general circulation in the city setting forth the problem or condition to be corrected or eliminated, the manner and materials to be used, and other conditions, as he sees fit, to protect the urban forest. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-15. Maintenance permit for work on private property. The director may issue a maintenance permit for activity in the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District when he has determined that the applicant has presented sufficient information to ensure the objectives of the zoning ordinance and the tree ordinance will be faithfully carried out by the applicant. The director shall impose such conditions and limitations as would be consistent with the terms and conditions of the zoning ordinance. If the permittee fails to carry out the maintenance program within the terms and conditions set forth in the approved management plan, the director shall revoke the same and take such action as is appropriate to remedy or restore the buffer area. The director shall be guided by the following performance standards designed to maintain the functional value of the buffer area and the indigenous vegetation located therein: (1) Trees in excess of three (3) inches in diameter at breast height (four and one-half (4.5) feet above the ground) shall not be pruned or removed except as necessary to provide minimal sight lines and vistas, and provided that where removed they will be replaced with other vegetation that in the discretion of the director is equally effective in retarding runoff, preventing erosion and filtering nonpoint source pollution from runoff. (2) Any access path in the buffer area shall be constructed and surfaced so as to effectively control erosion. (3) A three-tier riparian vegetated buffer comprised of overstory, understory and groundcover plant materials will be established and/or maintained where practical in the discretion of the director. Disturbance to the soil environment and root systems of trees to remain shall be minimized. (4) When permitted, alterations to the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District on city-owned property must be completed and maintained by a Virginia Nurseryman and Landscape Association (VNLA) certified horticulturist, or ISA certified arborist or ISA certified tree worker. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-16. Permit exemptions. (a) Any person performing emergency utility work to restore, but not increase beyond the original capacity of underground transmission or distribution systems or utility services to existing residential, commercial or governmental facilities, and within the same trench as existing utilities, shall be exempt from obtaining a permit, provided that all applicable controlling arboricultural specifications and standards are followed and that the city forester is notified as soon as practical should excavation necessitate cutting roots in excess of three (3) inches in diameter. (b) Any person performing emergency work to restore but not to relocate or increase the capacity of overhead transmission or distribution systems or overhead utilities services to residential, commercial, or governmental facilities and which necessitates the cutting of limbs or branches up to four (4) inches in diameter, as measured outside the branch collar, shall be exempt from obtaining a permit, provided that all applicable controlling arboricultural specifications and standards are followed and the city forester is notified as soon as practical following the completion of such work. (c) A resident of the city shall not be required to obtain a permit for pruning sucker growth less than one inch in diameter which originates from the base of crape myrtle trees growing in that portion of the public right-of-way between the curb and sidewalk and directly adjacent to property owned or substantially controlled by said resident, or from watering without a permit any tree, plant or shrub located in the right-of-way. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-20. Safeguards during construction work. For the purposes of safeguarding trees on city-owned property and in the resource protection area and intensely developed area in the Chesapeake Bay Preservation Overlay District in zoning ordinance) (sic) during construction, including pruning, overhead or underground utility, installations and excavations, within the critical root zone, the following conditions shall apply to all trees other than those for which a permit has been issued authorizing removal: (1) Prior to the commencement of construction, all trees, shrubs and other vegetation on the building site or within the project area shall be inventoried by the applicant or contractor as to species, diameter at breast height (four and one-half (4.5) feet above ground) expressed in inches crown-spread expressed in feet, and location on the lot, and the inventory shall be clearly and accurately shown to scale on a map, drawing, or plat of known scale, and shall be submitted to the bureau of parks and forestry. (2) Damage to any trees, shrubs and other vegetation during construction shall be immediately reported by the person causing the damage, or the owner, to the city forester, and the applicant shall treat the tree for damage in the manner specified by the director. (3) Excavations within the critical root zone of any tree, except within the paved roadways and for all emergency repairs to existing underground utilities, shall be done only after consultation with the director and then only to the extent authorized in the permit and in accordance with all controlling arboricultural specifications and standards and city tree protection notes and details. (4) Unless otherwise allowed by the director, approved protective fencing shall be installed at the crown-spread or critical zone of all trees, shrubs and other vegetation located within the work zone prior to the commencement of any construction activity including mobilization, except for construction activities which limit disturbance to within the paved roadways (from face of curb to face of curb) and for emergency restoration of existing underground utility service, in order to prevent unnecessary damage to the trunk, crown, root system or soil environment. (5) Whenever excavations, approved through a permit issued by the director, are made within the critical root zone of trees, shrubs and other vegetation appropriate measures as specifically described or referenced in the permit or City of Norfolk tree protection notes and details, shall be taken to protect the root system (roots and rooting environment) from any damage or loss, desiccation, and soil compaction. (6) Except on improved paved roadways (from face of curb to face of curb), no material of any sort, including, but not limited to, soil, dirt, rock, stone, rubble, bricks, concrete, concrete rinse, mortar mix, asphalt, steel, wood, construction supplies, dredge spoil, fill material, organic wastes, herbicides, oil, gasoline, diesel fuel, chemicals, paint, paint thinners, waste water, construction effluents, or other materials detrimental to trees, shrubs and other vegetation or soil environment, shall be placed within the crown-spread or critical root zone of any tree, shrubs and other vegetation or uphill from such where said substance might reach the roots through a leaching process without a tree permit specifically approving same. (7) Except on paved roadways and for emergency restoration of existing utility service to original capacity, and for construction projects where a permit has been issued by the director authorizing the use of equipment fundamental to the proposed construction activity within the critical root zone, no vehicles or heavy equipment shall be permitted within the critical root zone of any trees, shrubs and other vegetation. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-21. Stop work order. The director may order the cessation of any work to any tree, shrub or other vegetation located on private property or public property when such work is completed in an unsafe manner which is deemed threatening to any property owned or controlled by the city, or the health, safety or welfare of the general public, or when such acts constitute a violation of this chapter. The director may further direct whatever action is reasonably necessary to protect the public safety, including, but not limited to, establishment of worker qualifications and work standards and specifications, hold harmless indemnification, and a liability insurance policy in the amount established by the director which names the city as an additional insured. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 46.1 WATER SUPPLY ARTICLE V. REGULATIONS APPLICABLE TO CITY-OWNED LAKES AND ADJOINING LAND Sec. 46.1-51. Damage to or removal of trees or shrubs. (a) It shall be unlawful for any person except an authorized employee or agent of the department of utilities to perform any of the following acts without first obtaining a permit from the director: (1) Plant, prune, trim or remove any tree or portion thereof or damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any manmade object to any tree or shrub, or dig a tunnel trench or otherwise excavate or place any dirt, rubble or debris within the drip line of any tree or shrub. (2) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and other materials including herbicides and growth regulators that either prevent or hinders the establishment of vegetation or is detrimental to the environment beneath the drip line of any tree or shrub except as authorized by permit. ? When a tree is removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced on the basis of one tree with a minimum two and one-half (2.5) inches in caliper for every two and one-half (2.5) inches diameter of tree removed, destroyed or damaged. Failure to replace or replant as directed shall constitute a violation of this chapter. (d) Nothing in this section shall be cons1d to exempt any person from the requirements of obtaining any additional permits as required by law. (Ord. No. 41,100, ? 2, 7-15-03) Sec. 46.1-54. Conditions for the declaration of potential shortage of water. Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions: ? (2) Condition 2. When very limited supplies of water are available, the city manager shall order curtailment of less essential usages of water, including, but not limited to, one or more of the following: a. The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except watering by commercial nurseries of freshly planted plants upon planting and once a week for five (5) weeks following planting. ? ? (Ord. No. 41,100, ? 2, 7-15-03)

Petersburg City Code  View whole ordinance
Chapter 114 UTILITIES ARTICLE II. WATER SUPPLY DIVISION 1. GENERALLY Subdivision 1. General Provisions Sec. 114-47. Damaging, tampering with, etc., water department property, fixtures, etc. (a) It shall be unlawful for any person to damage or deface any property of the water department or to cut any trees or shrubbery or dump any refuse or rubbish upon any part of the property of the water department. ? (Ord. No. 07-98, 10-23-2007)

Petersburg City Code  View whole ordinance
Chapter 74 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE IV. OFFENSES AGAINST PROPERTY DIVISION 1. GENERALLY Sec. 74-102. Destruction of trees, shrubs and other plants. (a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, including any city-owned property, or upon any land reserved, set aside or maintained by the commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aside or maintained as a public park by a park authority created under the provisions of Code of Virginia, ? 15.2-5702, without having previously obtained the permission in writing of such owner or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless such activity is done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary. (b) Archaeological resources on city property are an accessible and irreplaceable part of the city's heritage which are increasingly endangered because of their commercial attractiveness. The purpose of this section is to prevent the loss and destruction of these archaeological resources from uncontrolled excavations and pillage and to secure for the present and future benefit of the citizens of the city the protection of archaeological resources and sights which are on city property. ? For purposes of this section, the term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest which shall include, but not be limited to, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, crockery, eating utensils, or any portion or piece of any of the foregoing items. For purposes of interpreting this section, any of the above enumerated items found below the surface of the ground are presumed to be of archaeological interest. (d) It shall be unlawful for any person, without authority of the city council, to hunt, search out for, attempt to find or seek relics, or to use or be in possession of a mineral or metal detector, magnetometer, side scan sonar or other metal detecting device or sub-bottom profiler on city-owned property within the boundaries of the city or on property owned by the city located outside the city boundaries. ? Any person violating this section shall be guilty of a class 1 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit. (Code 1981, ? 21-42; Ord. No. 05-61, 7-5-2005) State Law reference? Similar provisions, Code of Virginia, ? 18.2-140.

Petersburg City Code  View whole ordinance
Chapter 98 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 98-22. Duty of property owners and occupants to cut grass and other vegetation between sidewalk and curbline and roadside ditches. (a) Where grass, weeds or other vegetable matter grows between any sidewalk and the curbline, and roadside ditches, it shall be the duty of the occupant of any land or premises abutting upon such sidewalk and ditches to have such grass, weeds and other vegetable matter cut to prevent such space from becoming unsightly or offensive. If any such land or premises is unoccupied, it shall be the duty of the owner thereof to have such grass, weeds or other vegetable matter cut as provided in this section. (b) The director of public works or designee shall give a 48-hour notice of the provisions of this section to any occupant or owner and shall cause the provisions of this section to be enforced. (c) Any person violating any of the provisions of this section shall be guilty of a class 3 misdemeanor and each day that grass, weeds or other vegetable matter shall remain uncut after notice to cut such grass, weeds or other vegetable matter shall constitute a separate offense. (Code 1981, ? 32-36; Ord. No. 12-66, 10-2-2012; Ord. No. 13-06, 1-22-2013) State Law reference? Authority of city to require removal of weeds from private and public property, Code of Virginia, ? 15.2-1115. Sec. 98-23. Dangerous, diseased or decayed trees near parks, school grounds, streets or sidewalks. No property owner shall maintain or allow to remain, on his property within the city, any dangerous, diseased or decayed tree near enough to any park, park place, school ground, sidewalk or street within the city to endanger the safety of persons making lawful use of such park, park place, school ground, sidewalk or street. Any property owner having any such tree on his premises shall be notified, in writing, by the city manager or the director of parks and grounds to remove such tree within a reasonable time, to be specified in such notice. Upon failure of the property owner to comply with such notice, he shall be summoned before the judge of the general district court and, if found guilty of violating the provisions of this section, shall be ordered to remove such tree, at his cost, within a reasonable time to be specified in the order. If the property owner fails to remove the tree within the time thus specified, he shall be guilty of a class 4 misdemeanor. (Code 1981, ? 21-57)

Portsmouth City Code  View whole ordinance
Chapter 25 PARKS AND RECREATION ARTICLE III. GENERAL PARK REGULATIONS Sec. 25-99. Damaging; removing, etc., flowers, plants, etc. (a) No person shall remove, destroy, cut down, scar, mutilate, injure, take or gather in any manner any tree, flower, fern, shrub, rock, or plant or mineral in any park, recreational area or playground. (b) Any violation of this section shall constitute a class 3 misdemeanor. (Code 1973, ? 24-59; Code 1988, ? 25-102) Cross reference? Penalty for class 3 misdemeanor, ? 1-11; general prohibition against removing or damaging trees or shrubs on city property, ? 36-28.

Portsmouth City Code  View whole ordinance
Chapter 36 VEGETATION ARTICLE I. IN GENERAL Sec. 36-1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a class 3 misdemeanor. (Code 1988, ? 36-1) Cross reference? Penalty for class 3 misdemeanor, ? 1-11. Sec. 36-2. Trimming of trees or other plants overhanging right-of-way. It shall be the duty of any person who owns or occupies any property on which are situated any bushes, shrubs, trees or other plants that overhang any public right-of-way to keep such bushes, shrubs, trees and other plants trimmed so that such overhanging projections shall in no way impede or interfere with the free public passage along such right-of-way. Any person violating any provision of this section shall, in addition to any penalty imposed for the violation, be liable to the city for any expense incurred by the city in having such bushes, shrubs, trees and other plants trimmed in conformity herewith. (Code 1973, ? 32-13; Code 1988, ? 36-2)

Portsmouth City Code  View whole ordinance
Chapter 36 VEGETATION ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY Sec. 36-26. - Definition. As used in this article, the term "director" shall mean the city's director of parks, recreation and leisure services. (Code 1988, ? 36-26; Ord. No. 1997-15, ? 2, 3-11-1997) Cross reference? Definitions and rules of construction generally, ? 1-2. Sec. 36-27. Permit for planting. No person shall plant any tree or shrub on city property without first having obtained a permit from the director showing the variety, size and location of such tree or shrub. The director shall have authority to trim, prune or remove any tree or shrub planted in violation of this section without serving notice upon the owner of the abutting property. (Code 1973, ? 36-1; Code 1988, ? 36-27)

Portsmouth City Code  View whole ordinance
Chapter 36 VEGETATION ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY Sec. 36-28. Pruning, removing, damaging, etc., generally. No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree or shrub located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree or shrub, and no person shall, without such a permit, injure, misuse or remove any device placed to protect such tree or shrub. (Code 1973, ? 36-2; Code 1988, ? 36-28) Cross reference? Authority of city manager to offer reward in cases involving damage to city property, ? 2-167; removing or damaging trees or shrubs in parks, ? 25-99.

Portsmouth City Code  View whole ordinance
Chapter 36 VEGETATION ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY Sec. 36-31. Impeding entrance of air and water to roots. No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree or shrub on such property, without leaving an open space of ground outside the trunk of such tree or shrub. Such open space shall be not less than four square feet in area. (Code 1973, ? 36-5; Code 1988, ? 36-31) Sec. 36-32. Protection from electrical wires. Every person having any wires charged with electricity running through or over a public street or park or other city property shall securely fasten or protect such wires so that they will not come in contact with any tree or shrub or such street or property, and shall so locate and affix such wires as not to cause damage to any such tree or shrub. (Code 1973, ? 36-7; Code 1988, ? 36-32) Sec. 36-33. Protection during building operations. In the erection or repair of a building or structure, the owner thereof shall place such guards around all nearby trees and shrubs on the streets as shall effectually prevent injury to them. (Code 1973, ? 36-6; Code 1988, ? 36-33) Cross reference? Building regulations, ch. 7. Sec. 36-34. Protection from animals. No person shall fasten an animal to a tree or shrub located on city property or cause an animal to stand so that it can damage such tree or shrub. (Code 1973, ? 36-8; Code 1988, ? 36-34) Cross reference? Animals generally, ch. 4.

Portsmouth City Code  View whole ordinance
Chapter 36 VEGETATION ARTICLE III. TREE PLANTING AND REPLACEMENT Sec. 36-55. Penalties. Any person who violates any of the provisions of this article, upon conviction thereof, shall be fined not less than $10.00 nor more than $250.00. Each day's continuance of such violation shall constitute a separate offense. (Code 1988, ? 36-55; Ord. No. 1990-50, ? 1, 6-11-1990)

Portsmouth City Code  View whole ordinance
Chapter 9 CEMETERIES ARTICLE I. IN GENERAL Sec. 9-4. Malicious mischief. (a) If any person shall: ? (2) Destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any monumental or memorial association; ? ? (Code 1973, ?? 7-4, 21-119; Code 1988, ? 9-4) Cross reference? Penalty for class 1 misdemeanor, ? 1-11; authority of city manager to offer reward in cases involving damage to city property, ? 2-167. State Law reference? Similar provisions, Code of Virginia, ? 18.2-127.

Richmond City Code  View whole ordinance
Chapter 11 ENVIRONMENT ARTICLE IV. REFUSE, LITTER AND WEED CONTROL Sec. 11-105. Weeds and other vegetation. (a) It shall be a misdemeanor for any person who owns or occupies property within the City to permit any grass, plant, bushes, weeds or any other vegetation 12 inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on such property. (b) It shall be a misdemeanor for any person who owns or occupies property within the City to permit the existence on such property of any live or dead hedge, shrub, tree or other vegetation, any part of which extends or protrudes into any street, sidewalk, public right-of-way, grass strip or alley so as to obstruct or impede or threaten the safe and orderly movement of persons or vehicles. (c) It shall be a misdemeanor for any person who owns or occupies property within the City to permit any grass, plants, bushes, weeds or any other vegetation 12 inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on any sidewalk, public right-of-way, or grass strip adjacent to such property or unimproved street or alley (to the centerline of such unimproved street or alley). (d) It shall be a misdemeanor for any person who owns or occupies property within the City to fail to remove fallen trees, detached limbs, or branches, the accumulation of which is offensive, unwholesome, and unsightly. (Code 1993, ? 19-54; Code 2004, ? 38-154) Sec. 11-106. Unlawful nuisances. (a) The following conditions, when allowed to exist on property, are hereby declared to be nuisances: ? (3) Trees or parts thereof in danger of falling onto buildings, structures, vehicles or any public right-of-way; ? (Code 2004, ? 38-154.1; Ord. No. 2012-209-209, ? 1, 12-10-2012) State Law reference? Farming exemption, Code of Virginia, ? 15.2-901(A)(3).

Richmond City Code  View whole ordinance
Chapter 14 FLOODPLAIN MANAGEMENT, EROSION AND SEDIMENT CONTROL, AND DRAINAGE DIVISION 4. LAND USE AND DEVELOPMENT PERFORMANCE CRITERIA Sec. 14-264. Development criteria for resource protection areas. In addition to the general performance criteria set forth in Section 14-263, the criteria in this section are applicable in resource protection areas. ? (5) Permitted modifications of the buffer area. In order to maintain the functional value of the buffer area, existing vegetation may be removed, subject to approval by the City, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: a. Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that, where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff as specified in the Riparian Buffer Modification & Mitigation Guidance Manual, 2003, published by the Chesapeake Bay Local Assistance Division of the Department of Conservation and Recreation and as may be amended by the State from time to time. b. Any path shall be constructed and surfaced so as to effectively control erosion. c. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be allowed, pursuant to sound horticultural practices. d. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. ? (7) Buffer area requirements for intensely developed areas. In intensely developed areas, the City may exercise discretion regarding whether to require establishment of vegetation in the 100-foot wide buffer area. However, while the immediate establishment of vegetation in the buffer area may be impractical, the City shall give consideration to implementing measures that would establish vegetation in the buffer in these areas over time in order to maximize water quality protection, pollutant removal, and water resource conservation. Where buffers are to be established, they shall be designed in accordance with the standards established in the Riparian Buffer Modification & Mitigation Guidance Manual, 2003, prepared by the Chesapeake Bay Local Assistance Division of the Department of Conservation and Recreation and as may be amended by the Commonwealth of Virginia from time to time. (Code 2004, ? 50-332; Ord. No. 2014-116-89, ? 2, 5-27-2014)

Richmond City Code  View whole ordinance
Chapter 8 CITY-OWNED REAL ESTATE ARTICLE VIII. USE OF PUBLIC GROUNDS, PARKS, PLAYFIELDS AND PLAYGROUNDS DIVISION 1. GENERALLY Sec. 8-287. Cutting down any tree on City property prohibited. It shall be unlawful for any person to cut down or cause to be cut down any tree on any City-owned real estate or in any City-owned right-of-way without the express written permission of the Director of Public Works. Each tree so cut down or caused to be cut down shall constitute a separate offense under this section. (Code 1993, ? 8-226; Code 2004, ? 26-404; Ord. No. 2009-1-19, ? 1, 1-26-2009)

Roanoke City Code  View whole ordinance
Chapter 24 PUBLIC BUILDINGS AND PROPERTY GENERALLY ARTICLE IV. PARKS Sec. 24-101. Climbing trees or attaching swings thereto; unlawful use, etc., of benches or fences; entering closed areas. It shall be unlawful for any person to climb a tree or attach a swing or hammock to any tree, or remove or change any bench or seat from its place, in any public park, or to lie down upon any bench in any such park, or to go within or upon any enclosures, lawns, slopes or places where there is a sign prohibiting ingress, or to stand or sit upon any guard fences, enclosures or other fences, in any such park. (Code 1956, Tit. VIII, Ch. 3, ? 10)

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-1. Planting trees or shrubs on city property. It shall be unlawful and a Class 4 misdemeanor for any person, other than a duly authorized agent of the city, to plant any tree or shrub on any public right-of-way or other city property, except in accord with rules and regulations promulgated by the city manager. Charter reference? Authority of city to plant and maintain shade trees along the streets and on public grounds, ? 2(12).

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-2. Cutting, pruning or removing trees or shrubs on city property. (a) It shall be unlawful for any person other than a duly authorized employee or agent of the city, to cut, trim, prune or remove any tree or shrub in the public streets or ways or in any of the public grounds or property of the city, without first obtaining a permit so to do from the city manager. Application for such permit shall be in writing and shall specify, in detail, the work proposed to be done. Each such application shall be accompanied by a fee in such amount as is prescribed by the city council. (b) In addition to the prescribed fee, each application for a permit under this section shall be accompanied by security to the city, in a sum not exceeding one thousand dollars ($1,000.00) to guarantee satisfactory completion of the work proposed to be done, which security may be in the form of a certified check or a personal bond, in writing, of the applicant. Such security shall be deposited with the city clerk. (c) If, in the discretion of the city manager, the work proposed to be done in an application for a permit under this section is necessary or desirable, and the method proposed for performing the work is in accord with approved practices, the city manager shall issue the permit. The permit shall contain the terms and conditions under which the work shall be performed. More than one (1) location may be designated in a single permit, but no permit shall remain in force and effect for more than one (1) year following its issuance. (d) In performing work authorized by a permit issued under this section, no person shall use climbing irons or spurs on any live tree. (e) All work done pursuant to a permit issued under this section shall be subject to the supervision of the city manager and shall be inspected, by personnel designated by the city manager, at times prescribed by the manager. Upon completion, the work shall be inspected to insure compliance with this section and approved practices. Upon such inspection and written approval of such work by the city manager, the city clerk shall forthwith release and deliver to the permittee the security held pending such completion and approval. (f) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor. (Code 1956, Tit. VIII, Ch. 6, ? 3)

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-4. Cutting or removing flowers, fruits or nuts from plants or trees on city property. (a) It shall be unlawful and a Class 4 misdemeanor for any person to cut, break off, pull or otherwise remove any flowers, fruits or nuts from any bush, shrub or tree, whether wild or cultivated, growing in or on any public street, way, park or other public property in the city. (b) This section shall not apply to persons harvesting crab apples from trees in public parks, on dates approved by the city manager and under the direct supervision of city personnel designated by the city manager. (Code 1956, Tit. VIII, Ch. 3, ? 5; Ch. 6, ? 3)

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE II. WEED AND TRASH ABATEMENT Sec. 33-18. Weeds and trash declared public nuisance; abatement required. Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one (1) acre in area natural vegetation growing more than fifty (50) feet from every property line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with respect to any parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel. (Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90) Sec. 33-19. Weeds and trash prohibited; duty of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provision of this section shall be deemed to be guilty of a Class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section. (Code 1956, Tit. XXIII, Ch. 6, ? 3; Ord. No. 30275, ? 1, 10-15-90) Sec. 33-20. - Notice of removal of weeds. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, the city manager shall post a notice of violation on the property and either shall serve the owner of the property with personal service a notice of violation or shall mail notice by United States Postal Service mail, postage prepaid, to the owner of the parcel at the owner's address, as determined from public records. Any written notice provided under this section shall state that there exists a public nuisance with respect to the owner's property and demand the abatement of the nuisance within seven (7) days following the posting of the notice on the property. Such notice, when posted on the property and either served in person or addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. (b) The notice shall: (1) Be in writing; (2) Set forth the alleged violation of this article; (3) Describe the parcel of real property where the violations are alleged to exist or to have been committed; (4) Advise that if the weeds or trash are not removed within the prescribed time, and that if the weeds and trash do not remain abated or removed, the city will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest authorized by this article being specially assessed against the owner and the parcel; (5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the city; and (6) Advise that within seven (7) days of the posting of the notice on the property, the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. (c) In the event the owner appeals the proposed abatement as provided for above, the city manager shall set a hearing and notify the owner of the time and location of a hearing to be held within five (5) days from the date of the city manager's receipt of the appeal. At any hearing, the city manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable. (d) Any notice sent by the city manager to any owner of a parcel which, because of weeds or trash, has been declared a public nuisance under this article and which notice otherwise complies with the requirements of this section, shall constitute complete and sufficient notice for any similar condition during the same period of April 1 until November 1 in which the notice was sent. (Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34715, ? 1, 3-20-00; Ord. No. 36118, ? 1, 11-4-02; Ord. No. 37436, ? 1, 6-19-06) Sec. 33-21. Abatement of public nuisance. (a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within seven (7) days of mailing of notice or of posting, whichever is applicable, or if the owner fails to continue to comply with the requirements of this section, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance, or the city manager may contract for this abatement on behalf of the city with a private contractor. (b) Any owner may abate the public nuisance himself without liability to the city, provided that he completes the abatement prior to commencement of abatement by city personnel or any private contractor on behalf of the city. (Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34715, ? 1, 3-20-00; Ord. No. 36118, ? 1, 11-4-02) Sec. 33-22. Accounting for abatement costs. The city manager, or city manager's designee, shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include an additional administrative fee as specified in section 2-178.4 of this Code, to be assessed against the owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article. (Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34715, ? 1, 3-20-00; Ord. No. 35858, ? 2, 5-13-02; Ord. No. 39658, ? 1, 5-13-13; Ord. No. 40389, ? 11, 11-16-15) Charter reference? Lien for amount of expense incurred by city in cutting weeds, ? 51. Cross reference? Authority of director of finance to reduce or waive penalty and interest on charges levied against land owners for removal of noxious weeds, ? 2-283. Sec. 33-23. Notice to owner on abatement costs. (a) Upon completion of the reports and assessment lists, the city manager shall mail by United States Postal Service to each owner at his address as determined from public records a notice including a statement to the owner of the abatement cost and the administrative fee. The notice shall provide that upon confirmation by the city manager of the abatement cost and administrative fee, they shall constitute special assessments against the owner and the parcel, a personal obligation of the owner, and a lien upon the owner's parcel from the date and time of the recordation of the notice of lien, and from the date of such confirmation, until paid, bear interest at the legal rate, and that any fees, charges or costs for the abatement of a nuisance thereof shall be collected in any manner provided by the Code of Virginia for the collection of state and local taxes. (b) The city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the clerk's office of the circuit court of the City of Roanoke, Virginia. The city attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment. (c) The director of finance and the city treasurer, when in their discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34485, ? 2, 9-20-99; Ord. No. 37708, ? 1, 3-19-07; Ord. No. 39658, ? 1, 5-13-13)

Salem City Code  View whole ordinance
Chapter 94 VEGETATION Sec. 94-1. - Cutting grass, weeds, etc. All persons shall keep their premises, whether owned, leased, occupied, or in their charge, clear of grass, weeds and other foreign growth and, if after written notice from the city manager or the building official, such grass, weeds and foreign growth are not cut within a period of 15 days from such notice, then the person in question shall be guilty of a class 4 misdemeanor. After the expiration of such 15 days, the city manager or the building official may cause such grass, weeds and other foreign growth to be cut and removed, where necessary, and the cost thereof shall thereupon be chargeable to and be collected from the owner of the premises in question, or the person leasing, occupying or having such premises in his charge, as taxes or levies are or may be collected. (Code 1969, ? 24-28; Ord. of 3-10-97(5))

Salem City Code  View whole ordinance
Chapter 95 PUBLIC TREES Sec. 95-8. Timing of application for permits. Application for permits required by the provisions of this article shall be made at the office of the city horticulturist not less than 72 hours in advance of the time the work is to be done. (Ord. of 1-10-00)

Staunton City Code  View whole ordinance
Chapter 9.05 OFFENSES ? MISCELLANEOUS 9.05.190 Unlawful conditions on private property generally. (1) It shall be unlawful for any person to have or suffer any unwholesome or offensive matter, stagnant water or nuisance of any kind upon any vacant land, in any house or cellar or upon any premises owned by such person in the city. Any grass, weeds, bushes and vegetation, other than trees, ornamental shrubbery, flowers and garden vegetables properly tended, having an overall height of more than 10 inches above the surface of the surrounding ground shall be judged to be in violation of the provisions of this section. Notwithstanding the foregoing, however, in the case of a large tract of land exceeding two acres, the health official or such other person as may be designated by the city manager may require that a strip of land 35 feet in width along all lot lines of said parcel be cleared of any grass, weeds, bushes and vegetation other than the permitted trees, ornamental shrubbery, flowers and garden vegetables properly tended, having an overall height of more than 10 inches above the surface of the surrounding ground, if in the opinion of such official said 35-foot strip serves the purpose of meeting the spirit and intent of this chapter. ? (Code 1964, ?? 1313.2 ? 13-13.4, 13-14, 13-15, 13-16.1, 13-17; Code 1985, ? 18-19; Ord. 6-9-94; Amended during the 2003 reformat). State law reference ? Authority for above section, Code of Virginia, ?? 15.2-901, 15.2-1115.

Staunton City Code  View whole ordinance
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.25 TREES AND SHRUBBERY ON PUBLIC PROPERTY 12.25.080 Violations. (1) Except as otherwise specifically provided, any person who shall violate any provision of this chapter or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. (2) The imposition of the penalty described in subsection (1) of this section shall not preclude the city attorney from instituting appropriate action to prevent unlawful violations or to restrain, correct or abate a violation. (Code 1985, ? 26-71; Ord. 6-25-87).

Suffolk City Code  View whole ordinance
Chapter 74 STREETS AND SIDEWALKS ARTICLE IV. OTHER PUBLIC PROPERTY DIVISION 2. TREES, SHRUBS AND OTHER VEGETATION Sec. 74-205. Permits. The city beautification and litter control commission is directed to establish a permit system to administer the provisions of this division. Permits for the planting, removal, pruning and cutting back of trees, shrubs, plants or other horticultural displays planted on any city street, alley or other public property shall be issued by the commission through the city manager's office. (Code 1976, ? 24-29) Sec. 74-206. Penalties. Any person who shall violate any provision of this division shall be subject to a fine of not less than $5.00, nor more than $50.00. No conviction under this division shall relieve the violator from liability for damages to the city. (Code 1976, ? 24-30)

Virginia Beach City Code  View whole ordinance
APPENDIX E TREE PLANTING, PRESERVATION AND REPLACEMENT Sec. 1.5. - Violations and penalties. Any person who violates any of the provisions of this ordinance [appendix] shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Each day that a violation continues shall be considered a separate offense. (Ord. No. 1965, 6-11-90) Sec. 1.6. - Variances and appeals. A. The city manager or his designee is authorized, upon appeal in specific cases, to grant a variance from the terms of the ordinance [appendix] as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the ordinance [appendix] shall be observed and substantial justice done, as follows: 1. Strict application of the terms of the ordinance [appendix] will effectively prohibit or unreasonably restrict the use of the property. 2. Granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege. In authorizing a variance, the city manager or his designee may impose such conditions as may be necessary in the public interest. B. It is further provided that any decision of the city manager or his designee may be modified, reversed or affirmed by the city council upon appeal by any aggrieved party to such decision, if such appeal is filed within thirty (30) days of such decision. C. Final decision under this ordinance [appendix] shall be subject to review by the appropriate court of record, if filed within thirty (30) days from the date of council action. D. Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix F] included or incorporated in this ordinance [appendix] shall be in accordance with Section 110 or Section 111 of the Chesapeake Bay Preservation Area Ordinance as the case may be. (Ord. No. 1965, 6-11-90; Ord. No. 2153, 6-23-92; Ord. No. 2794, 12-9-03)

Virginia Beach City Code  View whole ordinance
Chapter 23 OFFENSES ARTICLE I. MISCELLANOUS OFFENSES Sec. 23-39. Cutting, etc., of trees, shrubs or other vegetation upon city property. (a) It shall be unlawful and a Class 3 misdemeanor for any person to cut, trim, damage, deface or remove any tree, shrub or other vegetation upon city property, or to cause, procure or direct the cutting, trimming, damaging, defacing or removal of any such tree, shrub or other vegetation, without the written authorization of the landscape services administrator or the city arborist. If any person shall commit any of the acts prohibited herein upon more than one tree or shrub, a separate violation of this section shall be deemed to have occurred with respect to each such tree or shrub. (b) The provisions of this section shall not apply to any cutting or trimming of vegetation required by section 23-50 of this Code or to routine trimming of shrubbery upon city property, and shall not apply to city personnel engaged in the performance of their duties. (Ord. No. 1837, 3-20-89; Ord. No. 2936, 4-4-06; Ord. No. 3122, 3-23-10) Editor's note? Ord. No. 2936, adopted April 4, 2006, repealed former ? 23-39 of the Code in its entirety and renumbered former ? 23-39.1 as ? 23-39. Former ? 23-39 pertained to damaging or defacing property in or on streets, lanes or public squares and derived from the 1965 Code, ? 23-28. Sec. 23-50.1. Removal of certain trees. (a) Upon determination by the code enforcement administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his or her agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be cons1d to include the plural of the term. (b) Service of the notice provided for herein shall be by personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his or her agent cannot be found by the exercise of due diligence, such notice shall be given by certified or registered mail to the last-known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises is owned or occupied jointly. (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as a Class 4 misdemeanor. In addition to any fine imposed hereunder, the code enforcement administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the person or persons named in the notice and collected by action at law or as delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature. (d) The provisions of this section shall not amply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. (Ord. No. 1675, 4-13-87; Ord. No. 1919, 10-2-89; Ord. No. 1931, 10-23-89; Ord. No. 2130, 5-12-92; Ord. No 2469, 1-13-98; Ord. No. 3015, 5-13-08)

Virginia Beach City Code  View whole ordinance
Chapter 33 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL DIVISION 2 PERMIT GENERALLY Sec. 33-59. Issuance for cutting, trimming or spraying trees or shrubs. The city manager or his designee my issue a permit under this division for the cutting, trimming or spraying of trees or shrubs on a street only when such work is fully justified in the public interest. Such work shall be done only in a manner prescribed in the permit so issued as directed by the city arborist or the superintendent of landscape services. Any bush, shrub, tree, vegetation, fence, wall, berm, landscape screening or the like, which obscures, hinders or creates visibility obstruction for vehicles entering a street from another street or from a driveway shall be trimmed, relocated, adjusted or removed, whichever action is deemed appropriate or necessary for traffic safety by the traffic engineer's office. For failure to remove, trim, relocate or adjust such item within fourteen (14) days after written notice from the traffic engineer, the city will cause such work to be accomplished at the expense of the owner in question. (Code 1965, ? 32-41; Ord. No. 1078, 8-18-80; Ord. No. 2073, 6-25-91) DIVISION 3. - PERMIT, INSPECTION AND GUARANTEE FEES Sec. 33-71. - Schedule. (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or not required in accordance with the following schedule: ? Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee ? (3) Cutting, trimming or spraying trees or shrubs - Permit fee: $100.0 - Inspection fee: $500 - Minimum Guarantee fee: $25.00 ? ? (Code 1965, ? 32-49; Ord. No. 1869, 5-15-89; Ord. No. 2073, 6-25-91; Ord. No. 2377, 3-26-96; Ord. No. 2633, 5-15-01; Ord. No. 2808, 5-11-04; Ord. No. 2876, 5-10-05; Ord. No. 3021, 5-13-08)

Virginia Beach City Code  View whole ordinance
Chapter 6 BEACHES, BOATS AND WATERWAYS ARTICLE VII. PERMIT FOR DREDGING, FILLING, ETC., IN WATERS, MARSHLANDS AND LOWLANDS Sec. 6-154. Issuance; conditions of permit; revocation. ? (b) In issuing or renewing a permit pursuant to this article, the planning director or his designee may require, as a condition of the permit, any or all of the following in the interest of the public health, safety and welfare: ? (2) That existing trees and other vegetation located along public street frontage or between the site of the operation and adjacent residential areas be preserved and protected; and ? ? (Ord. No. 2003, 9-18-90; Ord. No. 2157, 6-23-92; Ord. No. 3418, 6-16-15)

Waynesboro City Code  View whole ordinance
Chapter 38 HEALTH, SANITATION AND NUISANCES ARTICLE I. HEALTH AND SANITATION Sec. 38-11. Garbage, trash, grass, weeds, foreign growth removal. ? (c) In addition to meeting the requirements set forth in subsection (b) of this section, it shall be unlawful for any person to have or suffer any unwholesome or offensive matter, stagnant water or nuisance of any kind upon any vacant land, in any house or cellar, or upon any premises owned by such person in the city. Any weeds or other vegetation, except trees and ornamental shrubs, cultured plants and flowers, and growing or producing vegetable plants, having an overall height of more than ten inches above the surface of the surrounding ground shall be judged to be in violation of the provisions of this section if located on a lot or parcel of land that portion of which is within 200 feet of a dwelling within the city. The city manager may enforce this subsection in precisely the same manner as is provided in subsections (a) and (b) of this section for enforcement. ? (Ord. No. 1998-22, ? 2, 5-11-98)

Waynesboro City Code  View whole ordinance
Chapter 90 VEGETATION ARTICLE II. PUBLIC TREES Sec. 90-32. Planting in rights-of-way. (a) It shall be unlawful for any person to plant or cultivate any trees within a public right-of-way without first obtaining a permit therefor from the city horticulturist. (b) The application for a permit to plant a tree under the provisions of this article shall state the number of trees to be set out, the location, species, cultivar or variety of each tree, and such other information as the city horticulturist shall find reasonably necessary to a fair determination of whether a permit should be issued. (c) The city horticulturist shall issue the permit required by this article if, in his judgment, the proposed work is desirable and the method of workmanship meets the standards of the city's tree planting specifications. (d) The right is reserved to the city at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to any abutting property owner. (e) Whenever any tree shall be planted or set out in conflict with the provisions of this chapter, it shall be lawful for the city horticulturist to remove or cause removal of said trees; and the cost thereof shall be recoverable from the person(s) responsible for such planting. (Code 1964, ? 29-7; Ord. No. 2007-41, 5-29-07)

Waynesboro City Code  View whole ordinance
Chapter 90 VEGETATION ARTICLE II. PUBLIC TREES Sec. 90-33. Pruning; removal; replanting; replacement. (a) No person shall prune, remove, disturb, and/or otherwise alter a tree from the treelawn for any reason without first filing an application and procuring a permit from the city horticulturist. (b) The city horticulturist shall not remove or permit removal of all or any part of any tree from any street, alley, right of way or easement, or public place owned by the city, unless he has determined that such tree is: (1) Significantly interfering with new construction; (2) Irreversibly infected with disease; (3) Irreversibly infected with injurious insects or pests; (4) Is endangering or is likely to endanger streets, highways, sidewalks, sewers, utility installations, property, vehicles or the traveling public; and/or (5) Is dead. ? Wherever it is deemed necessary by the city to remove a tree from a treelawn in connection with construction, such as the paving of a street, or the paving or widening of the portion of a street or highway used for vehicular traffic, the city shall replant such trees or replace them whenever possible. (d) If it is determined that a tree should be removed from a treelawn due to construction requested by an individual or any other entity, other than the city, the person or property owner shall bear the cost of removal and replacement of all trees removed; the work shall be completed to the satisfaction of the city horticulturist and abide by the city's tree removal and planting specifications. ? All stumps of trees removed from public property shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Code 1964, ? 29-8; Ord. No. 2007-41, 5-29-07)

Waynesboro City Code  View whole ordinance
Chapter 90 VEGETATION ARTICLE II. PUBLIC TREES Sec. 90-34. Timing of applications for permits. Applications for permits required by the provisions of this article shall be made at the office of the city horticulturist not less than 72 hours in advance of the time the work is to be done. (Code 1964, ? 29-9; Ord. No. 2007-41, 5-29-07) Sec. 90-35. Review by city manager. The city manager shall have the right to review the decisions of the city horticulturist pursuant to this article. Any person may appeal from any ruling or order of the city horticulturist to the city manager who may hear the matter and make the final decision. (Code 1964, ? 29-10; Ord. No. 2007-41, 5-29-07) Cross reference? City manager, ? 2-166 et seq. Sec. 90-36. Voidance. Any permits issued under the provisions of this article shall be void if its terms are violated. (Ord. No. 2007-41, 5-29-07)

Winchester City Code  View whole ordinance
CHAPTER 30 VEGETATION ARTICLE II. TREES ON PUBLIC PROPERTY DIVISION 1. GENERALLY SECTION 30-16. VIOLATIONS OF ARTICLE. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor. In addition, wherever the words ?City Manager? shall appear in this Article, they shall be deemed to include the City Manager?s designee. (Ord. No. 020-2001, 5-8-2001) SECTION 30-17. ISSUANCE AND EXPIRATION OF PERMITS REQUIRED BY ARTICLE; APPEALS. (a) All permits required by this article shall be issued by the City Arborist. Any and all such permits shall expire at such time as may be designated therein. (b) The City Arborist shall advise the applicant and the City Manager, or his designee, in writing of his decision to issue or deny any permit required by the Article. Any original permit applicant aggrieved by the decision of the City Arborist to issue or deny any such permit shall have the right to appeal the decision to a panel comprised of the City Manager and two members of the Environmental Sustainability Taskforce, WINCHESTER CODE as described in Section 30-32, by advising the City Manager?s Office in writing within ten (10) days of the date of the City Arborist?s decision. (Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11- 12-13) SECTION 30-18. PERMIT TO PLANT. It shall be unlawful for any person to plant any tree in any street, park, public place or public grounds of the City, without first having obtained a written permit therefor from the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, setting forth the variety thereof and the location where the same may be planted, and without in all respects complying with the conditions and terms of such permit. (Code 1959, ?19-9; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13) SECTION 30-19. PERMIT FOR ATTACHMENTS, SPRAY, TRIM, ETC. It shall be unlawful for any person, without first having obtained a written permit from the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, to attach any wire, insulator, rope, sign, poster, handbill or other thing or substance on, spray or otherwise treat or trim any living tree or any part thereof any tree growing in any street, park or public place or grounds or on any guard or protection device of such tree. (Code 1959, ??19-1, 19-12; Ord No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13)

Winchester City Code  View whole ordinance
CHAPTER 30 VEGETATION ARTICLE II. TREES ON PUBLIC PROPERTY DIVISION 1. GENERALLY SECTION 30-21. PERMIT FOR CUTTING AND REMOVAL. (a) No cutting, meaning removal and/or destruction, of any live tree in any street, park, public place or grounds in connection with the work of any City department or agency of the City, other than the City Manager, or of any public service corporation or other person having a right to use the street, park, public place or grounds shall be done except upon issuance of a permit and in such manner as directed by the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce before directing such work to be performed or issuing any permit for same. (b) Cutting, removal, or destruction of any live tree in any street, park, or public place or grounds that is done in connection with the work of any City Department or agency of the City as authorized by the City Manager or of any public service corporation or other person having lawful a right delegated by Common Council to use the street, park, public place or grounds and cut or remove trees in connection with said use, shall be exempted from the permit requirements of Section 30-21(a). (Code 1959, ?19-11; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13) SECTION 30-22. REMOVING OR DAMAGING PROTECTIVE DEVICES. It shall be unlawful for any person to remove, injure or misuse any guard or device placed or intended to protect any tree growing in any street, park or public place or grounds. (Code 1959, ?19-2) SECTION 30-23. PROTECTION DURING BUILDING OPERATIONS. In the erection, alteration or repair of any building or structure, the owner thereof shall place, or cause to be placed, in accordance with the directions of the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, such guards around nearby trees in the streets or public places or grounds as shall effectively prevent injury to such trees. (Code 1959, ?19-14; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13) SECTION 30-24. OBSTRUCTING FLOW OF WATER AND AIR TO ROOTS. It shall be unlawful for any person to place or maintain in a street or public place or grounds, any stone, cement or other substance which shall impede the free entrance of water and air to the roots of any tree. (Code 1959, ?19-3) SECTION 30-25. DESTRUCTION OF TREES, SHRUBS, ETC. It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon any land reserved, set aside or maintained by the City as a public park, or as a refuge or sanctuary for wild animals, birds or fish without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction, such superintendent or custodian of such park, refuge or sanctuary. Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit. (Code 1950, ?18.1-178; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 757.) State Law Reference--Similar provision, Code of Virginia, ?18.2-140.

Winchester City Code  View whole ordinance
CHAPTER 30 VEGETATION ARTICLE III. GRASS, WEEDS AND OTHER FOREIGN GROWTH ON PRIVATE PROPERTY SECTION 30-50. DUTY OF PROPERTY OWNERS TO CUT. (a) Owners of property within the City shall not allow grass, weeds and other foreign growth thereon to exceed ten (10) inches in height. All grass, weeds and foreign growth on a one hundred (100) feet by one hundred (100) feet or smaller lot or acreage must be cut. In case of a larger lot or acreage, all grass, weeds and foreign growth thereon must be cut a distance of one hundred (100) feet from all adjoining property lines. (b) Any owner who violates any provision of this section shall be subject to a civil penalty of Fifty Dollars ($50.00) for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall be Two Hundred Dollars ($200.00). Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of Three Thousand Dollars ($3,000.00) in a twelve (12) month period. (c) Violations of any provision of this section shall be a Class 3 misdemeanor in the event three (3) civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, with a twenty-four (24) month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation. (Code 1959, ?11-5; Ord. No. 022-94, 07-12-94; Ord. No. 13-2006, 4-11-06) SECTION 30-51. NOTICE TO CUT. Where grass, weeds or other foreign growth in excess of ten (10) inches in height are found upon property, the code enforcement officer, as defined in section 11-2 shall immediately notify the owner of such property to cut such grass, weeds, or other foreign growth down to a height not to exceed three (3) inches. One written notification per growing season to the owner shall be considered reasonable notice for this article provided it is made by the same procedure as set forth in Section 11-37 of this Code. (Code 1959, ?11-5; Ord. No. 048-88, 11-15-88; Ord. No. 029-91; 6-11-91; Ord. No. 022-94, 07-12-94; Ord. No. 028-97, 10-14-97; Ord. No. 2013-38, 12-10-13) SECTION 30-52. CUTTING BY THE CITY. (a) If grass, weeds, or other foreign growth have not been cut within ten (10) days from the date the notice provided for in Section 30-51 is sent, the code enforcement officer, as defined in section 11-2 shall cause the cutting by the City's forces or the City's agent of such grass, weeds or other foreign growth forthwith. (b) Where grass, weeds or other foreign growth have been cut by order of the code enforcement officer pursuant to the provisions of this section, the cost of such cutting and a Fifty Dollar ($50) fee to offset the administrative expenses shall be billed to the owner of the property. If such bill is not paid, it shall be added to the City real estate tax bill on such property and shall be a lien on such property to the same extent and effect as such real estate tax is. (Code 1959, ?11-5; Ord. No. 048-88, 11-15-88; Ord. No. 029-91, 6-11-91; Ord. No. 022-94, 07-12-94; Ord. No. 028-97, 10-14-97; Ord. No. 2013-38, 12-10-13) State Law References--Authority of city to require cutting or removal of weeds and other foreign growth, Code of Virginia, ??15.2-0-1, 15.2-1115, ?15.2-1429(penalty)

Woodstock Town Code  View whole ordinance
Chapter 34 HEALTH AND SANITATION ARTICLE II. CONDITION OF PREMISES DIVISION 2. WEEDS, DEBRIS, ETC. Sec. 34-42. Traffic hazard or menace to public safety. It shall be unlawful for the owner of any land or lot within the town to permit any weeds, tree, shrub, hedge, flower or growth of vegetation of any kind to remain upon such land or lot in such location, size and condition as to constitute an obstruction or hindrance to the safe movement of vehicular and pedestrian traffic upon the streets and alleys of the town or as to constitute a menace to public safety. (Code 1968, ? 19-17; Ord. of 11-6-2007) Cross reference? Traffic and vehicles, ch. 78.