Article I — IN GENERAL

In enacting the following sections, the city council finds that the city is situated in a scenic mountain forest area with a reputation as a restful resort community whose economic well-being is primarily dependent upon the attraction of tourists from all parts of the world, that by reason of the rapid growth of the city, certain property owners have cut down great numbers of trees within the city without regard to the beauty of the area, that many lots have been left in an unsightly condition by reason of tree stumps being left visible above ground level, that as a result of such wanton cutting of trees and leaving of stumps much adverse publicity has been received by the city which has adversely affected its image as a tourist attraction with a resultant adverse effect upon the city's economic well-being; that such adverse publicity will continue unless the cutting of trees within the city is strictly controlled, and that the leaving of slash, debris and felled trees or tree parts creates breeding sites for insects which can infest standing trees.

Therefore, the provisions of the following sections are intended to limit the unnecessary destruction of existing trees on private and public property so as to preserve the natural beauty for which this area is so famed and thus to preserve and protect the prosperity, general welfare and economic wellbeing of the city and its inhabitants, while at the same recognizing individual rights to develop private and public property in a manner which will not be prejudicial to the public interest. (Ord. 62 § 1; Ord. 193 § 1; Code 1997 § 29-1)

No person shall cut down, destroy, remove or move any tree with a trunk diameter of six inches or greater, measured 24 inches above the ground, growing within the city, unless a permit so to do has been obtained from the city manager or his designated representative. (Ord. 62 § 1; Code 1997 § 29-2)

Application for a permit for the removal of a tree shall be made to the city manager in such form and detail as he shall prescribe.

Upon receiving any such application, the city manager or his designated representative shall inspect the premises involved, and the surrounding area, and shall ascertain whether or not the trees can be preserved while permitting a logical and reasonable development of the property in accordance with applicable zoning laws.

(Ord. 62 § 1; Code 1997 § 29-3)

• A. Following investigation, a permit for the removal of a tree shall be issued, unless the city manager shall find that any such tree is in a reasonably healthy condition and can be preserved while permitting a logical and reasonable development of the property in accordance with applicable zoning laws, or that the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree, and that the public interest in preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied. In applying such standards, nothing shall be deemed to prevent the city manager or his designated representative from issuing a permit to destroy or remove part of the trees involved in an application, while denying a permit as to the remainder. As to any permit denied, the city manager shall set forth, in writing, the reasons for the denial.

• B. Notwithstanding the provisions of subsection (A) of this section, in any case where the city manager or his designated representative is unable to make the necessary findings as prescribed therein, but does find that it would be otherwise desirable in the public interest that any tree involved in an application be preserved, then in such event the permit may be withheld for a period not to exceed 20 days, during which time the matter may be referred to the city council for consideration of providing compensation to the land owner involved in return for continued preservation and maintenance of the tree.

• C. Any person aggrieved by any action of the city manager or his designated representative in denying or issuing any such permit may appeal pursuant to Chapter 2.35 SLTCC.

• (Ord. 62 § 1; Ord. 1105 § 1 (Exh. B); Code 1997 § 29-4)

No person shall leave any portion of a tree stump visible above the ground for more than 30 days after the tree has been cut. All tree stumps which are visible above the ground level in violation of this section are hereby declared to be nuisances which may be abated in the manner prescribed by law.

(Ord. 62 § 1; Code 1997 § 29-5)

No person shall leave any felled trees, slash, removed tree limbs, or other portions of any tree on the ground for a period in excess of 30 days. The provisions of this section shall not apply to cut wood; provided, that such cut wood shall not be allowed to rest against or touch any standing tree. Violations of this section are hereby declared to be nuisances which may be abated in the manner prescribed by law.

(Ord. 193 § 2; Code 1997 § 29-5.1)

For the purposes of this chapter, the term "Christmas trees" shall mean the top portion of any evergreen tree severed from the remainder of the tree with the intent that such top will be used for decorative purposes.

(Ord. 27 § 3; Code 1997 § 29-6)

No person shall cut any Christmas trees growing upon public land, or upon land not owned by him, in the city from October 15th through December 31st in any year, without having previously filed, with both the sheriff of the county and with the federal forest ranger having jurisdiction of the district in which such Christmas trees are cut, a notice of intention to cut Christmas trees, containing the following:

• A. A statement of the approximate number of Christmas trees to be cut.

• B. A description of the land upon which such Christmas trees are to be cut.

• C. The dates between which such Christmas trees are to be cut.

• D. The signature of the person proposing to cut such Christmas trees.

• E. The written consent to such cutting dated and signed by the owner of the land upon which such Christmas trees are to be cut or by his duly authorized agent.

• (Ord. 27 § 3; Code 1997 § 29-7)

No person shall transport more than five Christmas trees over any public road in the city, without having in his possession a Christmas tree shipping permit, containing the following:

• A. The approximate number of Christmas trees being transported.

• B. The dates during which such transporting is authorized.

• C. The license number and description of the vehicle upon which such Christmas trees are being transported.

• D. The written consent of such transportation dated and signed by the person who cut such Christmas trees.

• E. The written authorization for such transportation of Christmas trees dated and signed by a federal forest ranger or peace officer having jurisdiction in the district from which such Christmas trees are to be shipped.

No person shall transport a Christmas tree over any public road in the city from October 15th through December 31st in any year, without having in his possession either the Christmas tree shipping permit required by this section or written consent to such transportation, specifying the number of Christmas trees being transported, the name and address of the transporter and the date upon which such transportation is authorized, dated and signed by the owner of the land upon which such Christmas tree was cut or by his duly authorized agent for that purpose, or by a person lawfully engaged in the business of selling Christmas trees at a fixed place of business specified in such written consent, from whom such Christmas tree was purchased. (Ord. 27 § 3; Code 1997 § 29-8)