Section 12.16.010 Purpose.
A. The purpose of this chapter is to protect the health,
safety and welfare of both the public
citizenry and the trees and vegetation in the city of Hamilton by establishing standards and
regulations to control planting, removal, maintenance and protection of all trees and vegetation,
to control trees and vegetation within public areas from undesirable and unsafe planting,
removal, maintenance and protection practices and by eliminating and guarding against
dangerous conditions which may result in injury to persons using the public areas of the city; and
by promoting the enhancement and natural beauty of the city; as well as to prevent damage to any
city sewer or water main, street, sidewalk or other public property; and to guard all trees and
control all vegetation within the city against the spread of disease or pests.
B. The city council recognizes trees are desirable for
the following reasons and the
protection of trees within the city of Hamilton is not only beneficial, but essential to the present
and future health, safety and general welfare of all the citizens of the city of Hamilton for the
following:
1. Trees are proven producers of oxygen, a necessary
element for survival of mankind;
2. Trees appreciably reduce the ever-increasing and environmentally
dangerous carbon
dioxide content of air and play a vital role in purifying the air;
3. Trees play an important role in the hydrologic cycle,
transpiring considerable amounts of
water daily, thereby precipitating dust and other particulate airborne pollutants from the air;
4. Trees play an integral role in neutralizing wastewater
which passes from the surface to
lower ground water aquifers;
5. Trees, through their root systems, stabilize the soil
and play an important and effective
part in city-wide soil conservation, erosion control and flood control;
6. Trees provide wildlife habitat and provide other important
ecological benefits;
7. Trees are an essential and invaluable physical and
psychological addition to the city,
making life more comfortable by providing shade and cooling both air and land, reducing noise
levels and glare, and breaking the visual monotony of development;
8. Some tree species are more beneficial than others
as necessary contributors to the city’ s
environment and it is not necessary to protect each and every tree in order to attain the public
benefit of a tree protection and replacement ordinance.
C. The provision of the ordinance codified in this chapter
shall apply to all trees and
vegetation presently or hereafter planted in or near any public area as well as trees, wherever
located, which could endanger the life, health or safety of persons or property. (Ord. 195 (part),
2002)
