HomeMy WebLinkAboutOrdinance No. O25-01 ORDINANCE NO. 025-01
AN ORDINANCE AMENDING CHAPTER 12.28 (PARK RULES AND REGULATIONS)
AND REPEALING CHAPTER 12.32 (TREES AND BOULEVARDS) OF THE LAUREL
MUNICIPAL CODE.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law;
WHEREAS, City Staff prepared, reviewed, and approved the amendments to the existing
LMC Chapter 12.28 (Park Rules and Regulations)as noted in the attached and hereby recommends
the same to the City Council for their full approval; and
WHEREAS, since LMC Chapter 12.32 (Trees and Boulevards) is recommended to be
combined with LMC Chapter 12.28 (Park Rules and Regulations), City Staff approves repealing
of LMC Chapter 12.32 (Trees and Boulevards) in its entirety and hereby recommends the same to
the City Council for their full approval.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor. This Ordinance shall result in amendments to the existing
LMC Chapter 12.28 (Park Rules and Regulations) and repealing of LMC Chapter 12.32 (Trees
and Boulevards).
Introduced and passed on first reading at a regular meeting of the City Council on the 8th
day of July 2025, upon Motion by Council Member Canape.
PASSED and ADOPTED by the Laurel City Council on second reading on the 22nd day of
July 2025, upon Motion by Council Member Mize.
APPROVED BY THE MAYOR on the 22nd day of July 2025.
C T O1- LA Z1:[
Dave goner. Mayor
AT EST:
OF
e St er, Clerk-Treasurer = ;:SEAL :•
APPR V D AS TO FORM: ;��' ••. '�
�rrnuu
Michele L. Braukmann, Civil City Attorney
Ordinance No.025-01 Amend LMC Chapter 12.28(Park Rules and Regulations)and Repeal Chapter 12.32(Trees
and Boulevards)
Title 12-STREETS,SIDEWALKS AND PUBLIC PLACES
Chapter 12.28 PARK RULES AND REGULATIONS AND TREES AND BOULEVARDS*
rchapteF 12.92 Tocct eNA4�1
Chapter 12.28 PARK RULES AND REGULATIONS AND TREES AND BOULEVARDS*
Sections:
12.28.010 Creation and establishment of a c#ygty park bo@FdPark and Tree Board.
There is created and established an advisory board to the 6tyC� iiCouncil that shall be known as the
pa*beaFdPark and Tree Board for the eifyCitv of Laurel('Board")which shall consist of seven five to nine
members who ll must
reside in the e"City or who must live within two miles thereof.These members shall consist of at least three
sitting members of the City Council and the remainder of members at large The raayoFMavor shall appoint all
members with approval of the cewaWicouncil.The members shall come from diverse interest groups including,but
not limited to,school teachers,club members.homeowners,business owners,park or tree professionals and/or
representatives from the eiWCity government.
(Ord.06-08(part),2006)
12.28.020 Term of office.
The term of office for the members shall be four years_
years.In the event that a vacancy shall occur during the term of any member,his or her successor shall be
appointed for the unexpired portion of the respective term.
(Ord.06-08(part),2006)
12.28.030 Compensation.
Members of the board shall serve without compensation.
(Ord.06-08(part),2006)
12.28.040 Operation.
The Bboard shall select its own officers(if any),make its own operational rules and regulations to govern Its
meetings,schedule its own meetings dates and times for the convenience of its members and shall keep a record
of its proceedings.All meeting dates and times shall be posted at C�tyCity Hall.A majority of the members shall be
a quorum for the transaction of business
(Ord.06-08(part),2006)
12.28.050 Par*bea;4Park and Tree Board authority.
A. The paFk beaFdPark and Tree Board of the e4yQtj shall have the authority and discretion to:
Laurel,Montana,Code of Ordinances o-eated: 2e2a-ee-1e ee:ee:ee [EST]
(Supp.No.22)
Page 1 of 8
1. Promulgate and develop proposed ordinances,rules and/or regulations that govern the general use of
all c4C ty parks with consideration of public input for presentation to the eipt0ty cei wrilCouncil for
consideration and adoption by the cAyC�ee4ae4Council
2. Establish a proposed permit system to provide for an advanced reservation system for the exclusive
use of a"C,it park or e4ycLty park improvement by a person or group to be administered by citYG
staff upon approval by the cityCjt eeaaei4CounciI;
3. Prepare and adopt proposed rules or regulations governing or limiting the possession or use of
Ialcoholic beverages in cityC�parks by any person or group of people,including establishment of a
proposed permit and registration procedure for the possession or use of alcoholic beverages by any
group of people to be administered and enforced by eityC�t staff and/or the E YCit police when
applicable upon approval by the"City eauncilCouncil
4. Negotiate terms for lease agreements for 6tyCity parks or other c"gty park related improvements
with current or new users,groups or clubs on the&yQty esaae4Council's behalf.When completed,
the P80i beardPark and Tree Board shall present each negotiated proposed lease agreement to the
cAyCC�ee4ac-4Council for approval and adoption by resolution of the c"Ciyt ce44E;4Council;
5. Assist with the care,preservation,pruning,planting,replanting,removal or disposition of trees and
shrubs in parks,along streets,and in other public areas:and
6. When requested by the City Council,consider,investigate,make findings,report and recommend upon
any special matter or question coming within the scope of its work.
B. All park ordinances,rules,and regulations promulgated by the pack bear9Park and Tree Board shall be
adopted by the c Gly Eeaac[ICouncil upon recommendation by the packbeasdPark and Tree Board
pursuant to this section.All rules,regulations,and/or ordinances adopted hereunder shall be posted in a
public place at each park affected thereby or be available at the office of the EWOty Cclerk-Ttreasurer. The
Park and Tree Board may conduct tree inventory analysis within its discretion.
(Ord.06-08(part),2006)
12.28.060 Park hours.
A. Except as otherwise provided herein,all eiEyCparks shall be closed from ten p.m.until six a.m.each night.
B. No person shall remain in or upon any cityC�t park during closed hours.
C. This section shall not apply to Ok-overnight camping areas designated is Ri+recside pack.by the City.
D. The children's playground equipment commonly known as"Kids Kingdom"at Kiwanis Park shall close at ten
p.m.and reopen at six a.m.
E. Any person violating the terms of this section shall,upon conviction,be punished as set forth in Section
12.28.100 of this code.
F. Applicants may seek an exemption to this section when applying for an event permit at c4WOty!j4all.
(Ord.06-08(part),2006)
(Ord.No.019-03,12-10-19)
Created: 2024-09-10 09:00:09 [EST]
(Supp.No.22)
Page 2 of 8
12.28.065 Fees and charges.
The eitWCity cewiE;aCouncil shall establish reasonable fees and/or charges for the use of the pool,parks
and/or recreation areas and facilities owned by the c4WCC�by annual resolution after a public hearing.
(Ord.07-06(part),2007:Ord.06-04(part),2006)
12.28.070 Use of tennis courts restricted.
A. C#yCCytennis courts shall be used only for the practice and playing of tennis.All other activities are
prohibited on all -"City tennis courts.No person shall use or occupy any c4tyCity tennis court or any part
thereof for any purpose other than the playing or practicing of tennis.
B. Any person violating the terms of this section shall,upon conviction,be punished by a fine not exceeding one
hundred dollars.
(Ord.06-08(part),2006)
12.28.080 Use of South P9,adLaurel Lion's Family restricted.
A. The following activities are prohibited at South Pond at all times:
1. Swimming, ;and
2. Motorized or power boating of any kind.
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C—ted: 2024-e9-18 e9:ee:09 [EST)
(Supp.No 22)
Page 3 of 8
I66. Any person who violates any of the terms or provisions of this section shall,upon conviction therefore,be
punished in accordance with the provisions of Section 1.36.010 of this code.
(Ord.06-08(part),2006)
12.28.090 Use of motor vehicles restricted.*
A. No person shall drive or otherwise operate any motor vehicle in any c+tyC�park except in or upon
gcaveuedg_raveled or paved parking areas.
B. This chapter shall not apply to c4WCLityvehicles in the regular operation and conduct of c WCRty business or to
construction or maintenance vehicles belonging to any contractor performing any work for the 6tyCfty in any
e4yCity park.
C. Users of Riverside Park,however,may operate vehicles only upon designated,defined roadways therein.
D. Any violation of this chapter shall,upon conviction thereof,be punishable as provided in Section 1.36.010 of
this code.
(Ord.06-08(part),2006)
' There were two sections numbered 16.02.020 added to the Laurel prior code
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12.28.100 Tree species to be planted.
The City Park and Tree Board shall develop and maintain a list of desirable trees for planting along streets in
three size classes,based on mature height:small(under twenty feet),medium(twenty to forty feet)and large
(over forty feet) Efforts shall be made to ensure a sufficient diversity of tree species Lists of prohibited trees or
trees not suitable for planting will also be developed and maintained by the Board
(Ord.05-1_(part 2005
12.28.110 Spacing.
The spacing of street trees will be in accordance with the three size classes listed in Section 12,28.100 of this
chapter,and no trees may be planted closer together than the following:small trees,fifteen feet,medium trees,
twenty-five feet,and large trees,thirty-five feet,except in special plantings designed or approved by a landscape
architect
(Ord.05-1(part),20051
Created: 2e24-95-19 09:80:09 [EST]
(Supp.No.22)
Page 4 of 8
12.28.120 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the
three size classes listed in Section 12.28.100 of this chapter and no tree may be planted closer[o any curb or
sidewalk than the following small trees two feet medium and large trees,three feet
(Ord.05-1(part),2005)
12 28 130 Distance from street corners and fireplugs.
No street tree shall be planted within thirty-five feet of any street corner measured from the point of
nearest intersecting curbs or curb lines No street tree shall be planted within ten feet of any fireplug.
[Ord 05-1(part).ZOOS)
12.28.140 Utilities.
No street trees other than those species accepted as small trees by the City Park and free Board may be
planted under,or within ten feet of any overhead utility wire.
(Ord 05 1 (part).2005)
12.28.150 Public tree care.
The City shall have the right to plant prune maintain and remove trees plants.and shrubs within the Imes
of all streets,alleys,avenues,lanes,squaes a rnd oublic grounds as may be necessary to insure public safety,or to
preserve or enhance the symmetry and beauty of such public grounds.
The City may remove or cause to be removed any tree or part thereof which is in an unsafe condition or
which by reason of rts nature is imunpus to sewers electric power lines,gal fines,water Imes,or other ublic
improvements or is affected with any iniurious fungus,insect or other pest This section does not prohibit the
planting of street trees by adjacent property owners providing that the selection and location of said trees is in
accordance with Sections 12.28.100 and 12.28.110 of this chapter.
(Ord 05-1(part),2005)
12.28.160 Pruning standards.
All tree pruning on public property shall conform to the ANSI A300 standards for tree care operations.
10rd 05-1(Dart),2005)
12.28.170 Tree topping.
It shall be unlawful as a normal practice for any person firm or City department to top any street tree,park
tree or other tree on public property Topping is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure
the tree Crown reduction by a qualified arborist may be substituted where appropriate Trees severely damaged
by storms or other causes,or certain trees under utility wires or other obstructions where other pruning practices
are imoractical may be exempted from this chapter at the determination of the City Park and Tree Board. The City
Created: 2024-09-10 09:00:09 [EST]
(Supp.No.22)
Page 5 of 8
Park and Tree Board retains discretion to determine appropriate tree topping,and the Board is granted authority
to seek the City's intervention to Impose penalties for unlawful tree topping.
(Ord.05-1(part),2005)
12.28.180 Pruning and corner clearance.
Every owner of any tree overhanging any street or right-of-way within the CltV shall prune the branches so
that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street
intersection,and so that there shall be a clear space of thirteen feet above street surface or eight feet above the
sidewalk surface.Said owners shall remove all dead,diseased or dangerous trees,or broken or decayed limbs,
which constitute a menace to the safety of the public.The City shall have the right to prune any tree or shrub on
private property when it interferes with the proper spread of light along the street from a street light,or interferes
with visibility of any traffic control device or sign or sight triangle at intersections.
Tree limbs that grow near high voltage electncal conductors shall be maintained clear of such conductors by
the electric utility company in compliance with any applicable franchise agreements.
lord OS-1 Ipartl,ZOOS)
12.28.190 Dead or diseased tree removal on private property.
The City shall have the right to cause the removal of anV dead or diseased trees on private property within
the City,when such trees constitute a hazard to life and property,or harbor insects or disease which constitute a
potential threat to other trees within the City The CitV will notify in writing the owners of such trees.Removal
shall be done by said owners at their own expense within sixty days after the date of service of notice In the event
of failure of owners to comply with such provisions,the City shall have the authority to remove such trees and
charge the cost of removal on the owner's property tax notice.
Lord.05-1(part],20051
12.28.200 Protection of trees.
In order to maintain the overall forest,reasonable efforts shall be made to replace trees that are removed
and to protect quality trees that are endangered.
Trees of desirable species and good health shall be protected as much as possible from damage during
construction,sidewalk repair,utilities work above and below ground,and other similar activities.The zone of
protection shall include the ground beneath the canopy of the tree
(Ord.05.1(part).2005)
12.28.210 Interference with the City Park and Tree Board.
It shall be unlawful for any person to prevent,delay or interfere with the City of Laurel,its City Park and Tree
Board,or any of its agents while engaging in and about the planting,cultivating,mulching,pruning,spraying,Or
removing of any street trees,park trees,or trees.as authorized by this chapter.
[Ord.05.1(part),2005) l Formatted:Space Before: 2 pt,After: 12 pt
Created: 2024-09-1B 89:80:09 [EST]
(Supp.No.22)
Page 6 of 8
12 28 220 Authority of adjoining property owner to plant or care for trees on boulevard or
parkways.
Permission is given to the owners of real_estate to improve their premises by planting trees and properly
caring for trees m the boulevards adjoining their property consistent w th the terms of this Section Such treess
Shall in no case interfere with the full use of the streets for public our poses and no person shall plant any tree
within the limits of a without having first obtained a written permit from the
City.
It shall be the duty of any property owner to make request in writing to the City,stating the varied and
rep cise location of each tree pr000sed to be planted.The permit shall s ecify location and vanety of each tree.
ford 05-1(part),2005)
12 28 230 Removal cutting and injury.
No person shall remove destroy,cut,deface or in any way inure or interfere with any street or park tree
without a permit from the City-
10rd 05-1(part).2005)
12 28 240 Interference with trees by house mover,permit required.
It$hall be unlawful for any person to move any building along any street avenue or alley in the City.in such a
way as to interfere with or miure any tree or shrub in any street,avenue alley or public place.including arks and
parkways.without a written permit obtained from the City Park and Tree board The application for such permit,
and the oerm+t issued shall specify the particular building and the particular route to be followed
(Ord 05.1 tpartl,2005�
12 28 250 Procedure for temporary removal.
All moving of trees and shrubs made necessary by moving of buildings or any other purpose shall be done
under supervision of the City at the expense of the owners of the buildings,or-the party requesting the same.
Should such moving cause the death of the tree the owner of the buildings or the party requesting the temporanj
removal at his own expense shall replace the same under the supervision of the City
(Ord 05.1(part],2005)
12.28.260 Insects and diseases—Declared nuisance.
All insect pests and diseases known to be in urious to fruit.shade and ornamental trees and shrubs and all
trees shrubs and vegetabltArowth infested or infected therewith constitute a menace and are hereby declared to
be a common nuisance
(Ord 05.1(part),ZOOS)
C—ated: 2024-09-10 09:00:09[EST]
(Supp.No.22)
Page 7 of 8
12.28.270 SpraVinl;.
Every person who is owner or in possession or control or management of any lot,block or parcel of land
upon which there are any fruit,shade or ornamental trees or shrubs which are infested or infected with any Insect
pests or diseases known to be incurious to such fruit,shade or ornamental trees or shrubs,shall,within three days,
upon written notice of the City,spray or cause the same to be sprayed in such manner and with some insecticide
designated by the City.Any person failing to comply with any such notice shall be deemed guilty of maintaining a
nuisance.
[Ord.OS-1(part),2005)
12.28.280 Review by the City Council.
The City Council shall have the right to review the«nduct.acts,and decisions of the Citv Park and Tree
Board.
(Ord.05-1(part).2005)
12.28.290 Violation—Penalty.
A. Any person violating any provision of this chapter for which another penalty has not been specifically
provided shall-upon conviction thereof,be punished as set forth in Section 1.36.010 of this code.
B. Any person violating anV ordinance,rule,or regulation pursuant to this chapter shall,upon conviction
thereof,be ounished by a fine not to be less than fifty dollars nor more than five hundred dollars,or by
imprisonment for a term not exceeding six months,or both.
lord.05-1(part),2005)
Created: 2024-09-18 89:60:09 [EST]
(Supp.No 22)
Page 8 of 8