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Purpose 1. This ordinance establishes policies,regulations and standards necessary to ensure the City of Elk River will realize the benefits provided by its community forest. The provisions of this ordinance are enacted to: 2. Health and Welfare of the Community It is the purpose of this ordinance to promote and protect the public health, safety,and general welfare by providing for the development of a Community Forestry Plan to address the planting, maintenance,and removal of public trees and shrubs within the City of Elk River in order to promote,maintain,and improve the urban forest resource of the City of Elk River. 3. Be It Ordained Be it ordained by the City Council of the City of Elk River,Minnesota. 4. Short Title This Ordinance shall be know and may be cited as the Tree Ordinance of the City of Elk River, Minnesota. 5. Intent This ordinance provides full power and authority over all trees,plants and shrubs located within street rights-of-way,parks and public places of the city; and to trees,plants and shrubs located on private property that constitute a hazard or threat as described herein. • Authority and Power 1. City's Right to Plant,Maintain and Remove Trees on Public Property The City shall have the right,but does not have the obligation,to plant,prune,maintain and remove trees,plants and shrubs within the public right-of-way of all streets,alleys,avenues, lanes, squares and public grounds,as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. 2. City's Right to Plant,Maintain and Remove Trees on Private Property The city shall have the authority and jurisdiction to enter onto private property whereon there is located a tree,shrub,or plant that is suspected to-be a public nuisance as defined herein and may direct the necessary treatment or removal; to alleviate interference with the provision of essential services; and to preserve the aesthetics of public places. 3. Establish Tree Advisory Committee There is hereby created and established a Tree Advisory Committee for the City of Elk River. 4. Composition of Tree Advisory Committee The Tree Advisory Committee shall consist of five members who are residents of the City of Elk River and appointed by the Mayor with approval of the City Council. 5. Administrative Support for Tree Advisory Committee • The City Forester shall have the responsibility of providing administrative guidance in carrying out the activities of the Tree Advisory Committee. 4