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Home My WebLink About1996 Ordinance No. 048• • ORDINANCE NO . tf{ SERJFS OF 1996 BY AUTHO.!UTY COUNCfL . Bn.:: NO. 52 INTROI',JCED BY COUNCIL MEMBER r:.'tTHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPl'ER 12, SEC'l10N 8, OF THE ENGLEWOOD MUNl•~IPAL CODE 1985 PERTAINING TO ARBORIST AND ENACTING A NEW CHAPTER 14, AND WHICH REMOVES ARBORIST FROM ORDINANCE NO . 25 , SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENRES IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Ccuncil eetabliAhed • tempora,y suapenaion or moratonum of cutain milcelloneoWI busine&a licen1e1 for a period of ■ix months with the paauge of Ordinance No. 25, oerie& of 1996; ond WHEREAS, the moratorium or tempora,y nuspension included arhorist liceruies ; and WHEREAS, uborists offer a ne.-ary, but often times dangerous service to the public; and WHEREAS, due to the inherent risk usociated with this service, a separats license, after testing, is necessary to ensure only qualified penona perform this service to public; and WHEREAS, the City Forestsr or other designated employee bu the neceoaary background to test and to determine if applicants are qualified to offer this service to the public; and WHEREAS, the nature of this service requires only qualified persons and therefore no transfer of this license iB aUowed; and WHEREAS, the nature of this service is such that injury to property or persons is a serious con sideration , and therefore insurance is required ; and WHEREAS, the licensed arbonct, being qualified in the care and maintenanCI< of trees shall not allow anyone under Ins or her charge that is not a license holder to perform the services of an arborist without being under the license holder's direct supervision ; and WHEREAS, this provision protects the public from unqualified persons performing the services of an arborist; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~-The City Council of ~e City of Englewood , Colorado hereby repeals Title 5, Chapter 12, Section 8, of the Englewood Municipal Code 1985, and eoacta a new Chapter 14, which shall read as follows : SECTION : 6-14-1 : Definition ■ 6-1'-2: Licen■e Required 6-14-8: Application For Licenee <''ffAPTER 1' ARBORIST 5-14-4 : Special Condition• And lleatriction■ Of Licen■e 6-14-1 : DEFINITIONS:: IN ADDITION TO THE DEFINITIONS LISTED IN E . M. C. 5-1-1, AND FOR THE PURPOSE OF nns CODE IN ALL MATl'ERS RELATING TO TH'E UCENSJNG OF ARBORISTS, THE FOLLOWING TERMS, PHRASES, WORDB, AND THE DERJVATIONR SHALL HAVE THE MEANINGS HEREIN: ARBORIST: A SPECIALIST IN THE CARE AND MAINTENANCE OF TREES. FOR THIS CHAPTER AN ARBORIST ENGAGES IN THE RELATED ACTIVITIES FOR A FEE, CHARGE, OR OTHER COMPENSATION. 5-14-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR AN ARBORIST TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A UCE:,SE FROM THE UCENSING OFFICER. 5-14-S: APPLICA'nONFORUCENSE: A. THE APPLICATION FOR AN ARBORIST LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVlSJONS OF TITLE 5, CHAPTER l . B . NO LICENSE SHALL BE ISSUED WITHOUT THE WRIITEN APPROVAL OF THE CITY FORESTER OR OTHER DESIGNATED EMPLOYEE WHO SHALL FIRST BE SATISFIED OF THE COMPETENCY OF THE APPLICANT TO ENGAGE IN SUCH BUSINESS BY ADMISSION OF AN ORAL AL"\/D WRITTEN EXAMINATION CONDUCTED BY THE CITY FORESTER OR OTHER DESIGNATED CITY EMPLOYEE. AT HIS OR HER DISCRETION , THE CITY FORESTER OR OTHER DESIGNATED EMPLOYEE MAY J.CCEPT SPRAYING AND TRIM~llNG LICENSES FROM OTHER JURISDICTIONS AS PRIMA FACIE EVlDENCE THAT THE APPLICANT HAS SATISFACTORILY COMPLETED ENGLEWOOD LI CENS ING REQUIREMENTS . 5-14-4: SPECIAL CONDmONS AND RESTIUCTIONS OF UCENSE: IN ADDITION TO LICE NSING CONDITIONS SET FOR IN CHAPTER l OF THIS TITLE , THE FOLLOWIN G SPECIAL PROVlSIONS SHALL APPLY . • • • • • • A. INSURANCE REQUIRED : LICENSE ilOLDBRS ARB REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE: l. ALL MOTOR VBHIC!.BS USED IN THE OPBJIATION OF THE LICENSED BUSINESS SHALL BE IN8UJlED UNDER THE LAWS OF THE STATE OF COWRADO. 2. COMPREHENSIVE GENERAL LIABILIT'i WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY OF ONE HUNDRED THOUSAND DOLLARS ($100,000) PER OCCURRENCE AND AGGREGATE . TO MAINTAIN SUCH INSURANCE OR TO l'ROVIDE SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF THE LICENSE. B. TRANSFER. ARBORIST LICENSES ARE NOT TRANSFERABLE. C. SUPERVISION OF WORK. THE LICENSE HvLDER SHALL ~UPERVlSE AND BE RESPONSIBLE FOR ALL WORK DONE L :,DER THE LICENSE . 5!:!:tilm..2 . J.i,;en•• Fe,: License f-for this Cbt.pter &hall be determined and set by City Council in accordance with 5-1-8 of this Code. lics:li.llLa. License, mevirnd: It shall be unlawful for any per9011 to act aa an Arborist withcut lint procuring a license. All provisions of Chapter 1, of this Title are appli cable 88 well 88 thooe special provi1ions listed below. fu:l:timu. The Englewood City Council .. tablished a temporary IRllpellaion or mr.na.,.o rium of ~~rtain miscellaneo\18 business licenses for a period of siI months with the paasage of Ordinance No . 25 , aeries of 1996 and now remOV1!11 the following li censes from the moratorium : Arborists Licenses. Se!:loilm....6. Safety Clay••• Tht City Council, hereby finds, determines, and dec lares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for 1be preservation of health and safety and fo r the protection of public convenience md welfare. The City Council further determines that the Ordinance bears a , ati onal relation to the proper legislative object sought to be obtained . ~ Su:etebiJlty If any da111e, -tcce, parqraph, or part ol thia OrcliJlance or the applicatila tblnaf to 11111 pa-am ,.. circum1tancea lhall fir any reuon be a,Uadpd by a court ol «mtpelmt jariadicticm Invalid, ■uch judp,ent ahall not affect iapalr or ilffalidate llo nnnalnder of thla Ordinance or ita application to other penom or cin:umrtance■. Sa:wm..l.. lncme#:Plmt OtdiDIDtl'll. All other Ordinances or portiona thereof incon■i stent or cantlictiq with thia Ordinance or any portion hereof are hereby repealed to the enent ol ■uch incomlatency or conllic:t. ~ Elrffl of rgpeal or modific:ction The repeal or modification or an y provilion of the Code oftbe City ol ~ by thia Ordinanc ahall not releue, ertin(Ui1h, alter, modify, or ca...,. in whole or In part auy penalty, forfeiture, o, liability, either civil or criminal, which lhall have hem incumMI under 1uch provilion, and each proviaicm ahall be treated and held u ■till remaining in fore• for the J)UfJIOI'!!' o! ■uatainin& any and all proper actiOIII, lllita. proceedinp, and proaecutiona for the enforcement of the penalty, forfeiture , or liability, aa well aa for the purpoee o{ switainiq any judgment, decree, or ol'ier which can <11 m ay be rendered, entend, or made in auch action■, 1uita, proceedinp, or pro■ecutions . SWilmJ!. ~-The Penalty Proviaion of E .M.C. Section H-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and puaed on fint reading cm the 7th day of October , 1996. Published as a Bill for an Ordinance cm the 10th day of October, 1996. Read by title and p8ll8ed cm final reading on the 2lat day of October, 1996. Published by title aa Ordinance No .tff._. Series of 1996, on the 24th day of October, 1996 . ~dfh Lou criahia A . Ellis, City Cle1•k I , Loucrishia A. Ellis, City Cieri< of the C:ty of Englewood , Colorado , hereby ce rtify that the abov e and foregoing is a true copy _9f.,the Ordinance passed oc final ,.~;,. ~• ,_.~.,. >,Ne.u -~•No.'L~ 0, Lo ucri shi a A. EIE , • • • • 0.. Octobe r 7, 1996 lnltiatad By De rtment of Financial Services COUNCIL COMMUNICATION Agenda Item Subject BIii for an emergency ordinance adding Clllpler 14 (Ar'oorisls) to 10 a 1 v THle 5 of the City Code , and removing the Chapter from the moratorium . Staff Source Frank G lewlcz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance adds Chapter 14 to THle 5 of the City Code, and removes arborisl licenses from the miscellaneous licenses moratorium enacted In the cny of Englewood . This bill for ordinance allows City staff to resume issuing arllorists licenses. At the May 8, 1996 study session, staff discussed the prol")S')d moratorium with the Council. On June 3, 199G, the Ctty Council read and passed Ordinance 25 , Series of 1996 o~ final reading . This Ordinance established the moratorium to run from June 10, 1996 to December 10, 1996 . On August 19, 1996 , staff and Council met to discuss this Chapter. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance . This action cnates a new Chapter 14 under THle 5 of the City Code . Previously , arborlsts-re licensed under Chapter 12 of TIile 5. This new chapter also makes changes to how fees are determined , Insurance levels, and other minor changes. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Trtle 5, Chapter 12 , (artorisl licenses are currently !ncluded in this Chapter) was part of the moratorium that began on June 10, 1996. Artorisls licenses are requ ired to ensure that tree trimming and other related activities are performed by qualified persons This ord inance .notes a new Chapter 14 under THle 5. Only minor changes rer,arding the manne r in which fees are established , Insurance levels , and updating other minor Hems have been made to th is Chapte r. A separate licen se for artori sls Is necessary because of the inheren t risk associated with the service arborisls prov ide to the publ ic. The City Forester or other designated employee has .ne duty and necessary background to determine if an applicant is qualified to offer this service to the public. The nature of this license requires insurance provisions because of the risk to property and persons . This license requires the licensed arborist to supervise all wor1t done by non-licensed persons In his or her charge . The license holder is qualified in the care and ma in te nance of tre es , and therefore all wo r1t should ett her oo don e by the licen se hold er or und er the license holde f s superv ision to protect the public . No alternat ives were identified . FINANCIAL IMPACT Th e City of Engl ewood collected $450.00 in arborist license fees in 1995 . LIST OF ATTACHMENTS Copy l'f a bill for an ord inance Copy ot proposed TIi ie 5, Chapt er 14 Pnn!ed on Rec ycle c Pap•r.~