Tree Service License Requirements and Regulations

Trees are an important part of agriculture environment. They add greatly to our health, sense of wellbeing, quality of life, and our economic future in many ways. As a result, the presence of trees and healthy ecosystems provide a strong foundation for a sustainable urban infrastructure in the future. In the City of Albert Lea we want to promote safe and appropriate practice of tree care therefore, we have updated the current Tree Service License Requirements and Regulations.

ORDINANCE 221,9d

Introduced by Councilor Baker

AN ORDINANCE OF THE CITY OF ALBERT LEA, MINNESOTA AMENDING CHAPTER 22, ARTICLE XIII, SEC. 22-502 TREE SERVICE LICENSE REQUIREMENTS AND REGULATIONS

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

That Chapter 22, Article XIII, Sec. 22-502 of the Code of Ordinances, City of Albert Lea, Minnesota is hereby amended to read as follows.
Sec. 22-502. – License requirements and regulations.

a) Any person, firm, or corporation that provides tree care, tree trimming, or removal of tree, limbs, branches, brush, or shrubs for hire must be registered with the Minnesota Commissioner of Agriculture. As defined in Minn. Stat §18G.07.

b) No tree service license shall be granted until the applicant has filed with the city clerk an official certificate of registration issued by the Minnesota Commissioner of Agriculture and can adequately demonstrate that he or she possesses the necessary skill, knowledge, and ability to scientifically perform the service, and that he or she owns or has under his or her control sufficient equipment to safely and properly perform the service.

c) It is unlawful for a person to advertise tree care or tree trimming services in Minnesota without being registered with the commissioner.

d) No license shall be issued until the applicant has filed with the city clerk a policy or certificate of public liability insurance for coverage concurrent with the license term with the currently required limits under Minn. Stat. 466.04.

e) A license will be withheld until the applicant presents acceptable evidence of compliance with the workers’ compensation insurance coverage requirement of Minn. Stat. §176.182. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry.

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Brooks, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Introduced the first time on the 11th day of February, 2019

Introduced the second time on the 25th day of February, 2019

__/s/________________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on the 26th day of February, 2019

_/s/_________________________
Secretary of the Council


ORDINANCE 222,9d

Introduced by Councilor Brooks

AN ORDINANCE OF THE CITY OF ALBERT LEA, MINNESOTA ESTABLISHING CHAPTER 22, ARTICLE XIII, SEC. 22-503 THROUGH 22-506 REGARDING TREE SERVICE LICENSE REQUIREMENTS AND REGULATIONS

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

Sec. 22-503 – Abuse or mutilation of Trees.

No person, shall willfully damage, injure, mar, cut, carve, remove, deface, destroy, attach any rope, wire, nails, advertising poster, or other contrivance, or allow any gaseous liquid or solid substance which is harmful to come into contact with any tree, or set fire to any tree on any boulevard or public property in the city. Tree topping is not considered an appropriate tree trimming technique and is specifically prohibited on all public lands.

Sec. 22-504 – Tree Trimming

a) The city will perform all trimming of boulevard trees except the city’s public utilities may do such trimming necessary to protect their electrical lines or residents. Residents, through a permit process, may contract with a tree service licensed with the city to trim an adjacent boulevard tree. The property owner shall bear the entire cost of tree trimming when using a contracted tree service.

b) Where city gives permission, a limb or bough may be properly pruned by abutting property owner.

c) Tree topping is not considered an appropriate tree trimming technique and it is specifically prohibited for any person, firm, or city department to top any tree on public property.

d) TOPPING is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.

Sec. 22-505 – Reporting Discovery of Shade Tree Pest.

a) Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined in this chapter shall report the same to the city.

b) SHADE TREE PEST is defined as any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the commissioner to be harmful, injurious, or destructive to shade trees or community forests as defined by Minn. Stat. §89.001, Subd. 16.

Sec. 22-506 – Penalties

a) Any person, firm, or corporation that violates any provision of this section shall, upon conviction, be guilty of a misdemeanor

b) Upon conviction of a misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.

c) The failure of any officer or employee of the city to perform any official duty imposed by this section shall not subject the officer or employee to the penalty imposed for a violation.

d) In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this section, the City Council or any official designated by it may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation.

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Murray, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Introduced the first time on the 11th day of February, 2019

Introduced the second time on the 25th day of February, 2019

__/s/________________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on the 26th day of February, 2019

__/s/________________________
Secretary of the Council

Minnesota state law (Chapter 156 of the Session Laws of 2005) requires that "a city or county with a population of more than 15,000 must annually notify its residents of the positions and base salaries of its three highest-paid employees." For the City of Albert Lea, titles and salaries as of Jan. 1, 2019, are: City Manager, $138,375.12; Director of Public Works/City Engineer $110,780.80; and Director of Public Safety $103,646.40. Date of publication: January 23, 2019.