As used in this chapter:
“Basal area” means the area of a tree trunk’s cross section, measured outside the bark.
“Caliper” means the diameter measurement of the trunk of nursery stock trees, taken at caliper height.
“Caliper height” means 6” above the ground in the case of trees less than 4” in diameter at 6” above the ground and 12” above the ground in the case of all other trees.
“Canopy” means the combined crowns of all trees on a tract of land.
“City Manager” means the City Manager of the City of Takoma Park or his or her designee.
“City Property” means City rights-of-way, City parks, median strips, and other City-owned or controlled property.
“Critical root zone” means the protection zone for an individual tree or an area defined by a circle with a diameter 36 times the DBH of the tree (or 1.5’ of radius for each inch of DBH) or such smaller area as determined by the City Manager in a tree impact assessment.
“Crown” means the volume defined by the spread of the branches and foliage of a tree.
“Department” means the Department of Public Works of the City of Takoma Park.
“Diameter at breast height” or “DBH” of a tree means the measurement of the average diameter of the tree taken at 4 1/2’ above the ground.
“Hazardous,” in relation to a tree or tree part, means defective, diseased or dead, and posing an unreasonable risk of failure or fracture with the potential to cause injury to people or damage to property.
“Nursery stock tree” means a tree which meets the standards established by the American Standard for Nursery Stock published by the American Association of Nurserymen (Publication No. ANSI Z60.1-1996).
“Open space” means undeveloped City owned property that is not parkland or right-of-way.
“Owner” means any person who, alone or jointly or severally with others:
1. Has a legal or equitable ownership interest in a real property, including a contract purchaser of property;
2. Has a legal, equitable or beneficial interest in a corporation, limited liability company, partnership, limited partnership, limited liability partnership, trust or other entity that has a legal or equitable ownership interest in a rental facility; or
3. Has charge, care or control of real property as personal representative, executor, administrator, trustee, guardian, or conservator of the estate of the owner.
“Person” means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, trust, association, organization, or any other legal entity, but does not include the City.
“Tree Commission” means the citizen commission established by the Council to preserve, protect, and promote the urban forest of the City and to hear appeals from permit decisions.
“Tree cover” means area covered by canopy, expressed in square feet or as a percentage of the area of a tract of land.
“Tree Protection Plan” means a site plan that delineates tree save areas and details measures to be taken to ensure survivability of trees to be saved prior to and during construction.
“Urban forest tree” means a tree as defined in Section 12.12.020.
“Vermin” means small animals, including insects, that are prolific and destructive or injurious to health.
“Woody vegetation” means vegetation with stems of wood (other than vines) and includes trees and bushes. (Ord. 2003-40 (part), 2004)

This Chapter is intended to supplement and not to contradict or supersede any applicable provisions of the law and regulations of the State of Maryland, and is to be interpreted as such. (Ord. 2003-40 (part), 2004)

The City Manager may adopt regulations to implement this chapter, in accordance with the provisions of Chapter 2.12, Administrative Regulations. (Ord. 2003-40 (part), 2004)

A person who prevents, delays, or interferes with the City Manager while he or she is carrying out the provisions of this chapter in or upon any City property, public highway or public space commits a Class C municipal infraction. (Ord. 2003-40 (part), 2004)

A. The Department has primary responsibility for the administration and enforcement of this chapter.
B. Representatives of the Department, the City Arborist, and Code Enforcement Officers may serve as the City Manager’s designee, with full authority to enforce all municipal infraction provisions of this chapter.
C. In addition to all other means of enforcement provided for by law and in this chapter, the City Manager, Code Enforcement officers, or police officers may issue a “stop work order” to any person who violates any provision of this chapter. A stop work order also may be issued on the basis of information received setting forth the facts of the alleged violation.
1. Any person who receives such a stop work order shall immediately cease the activity that constitutes the violation. The person shall comply with all terms and conditions imposed by the person issuing the order before the activity may resume.
2. A person who receives a stop work order may appeal the issuance of the stop work order to the Tree Commission pursuant to Section 12.12.110 within 15 days after the issuance of the stop work order, as if the issuance were a denial of a tree permit. (Ord. 2003-40 (part), 2004)

A. In the case of violations of this chapter, the City may issue a warning notice, giving the person an appropriate period of time to correct the violation before a municipal infraction citation is issued. No additional warning notices are issued for continuing or subsequent violations for which a warning notice was issued.
B. Failure to abate a violation for which a municipal infraction citation has been issued by the due date of the fine, as set forth on the municipal infraction citation, causes continuing or subsequent violations to be treated as repeat offenses.
C. In addition to the fine for a municipal infraction, the City may obtain a court order for the owner to abate the violation or for the City to abate the violation at the expense of the owner. (Ord. 2003-40 (part), 2004)

A. Where the City has taken corrective action to bring a property into compliance with this chapter, the City Manager shall send the owner a bill for the cost of the corrective action. The bill is sent by regular mail to the owner’s last known address or delivered by any other means reasonably calculated to bring the bill to such person’s attention. If the owner does not pay the bill within one month after it is presented, the City Manager may certify the cost of such corrective action to the City Treasurer.
B. The City Treasurer shall send a bill for the costs of such corrective action to the owner of the real property, as listed in the City property tax records. The City Treasurer also may send a copy of the bill for the costs of the corrective action to a lender under a mortgage or deed of trust made by the owner and secured by the real property, as listed in the City property tax records. The bill is sent by regular mail to the last-known address of the owner or lender or delivered by any other means reasonably calculated to bring the bill to such person’s attention. If the bill is not paid within one month after it is presented, then the cost becomes a lien against the real property which may be collected and enforced in the same manner as are taxes, special assessments, and other liens against real property or collected by a law suit against the owner. (Ord. 2003-40 (part), 2004)

A. The City Manager has authority over the disposition of all trees located on City property and has the power to plant, maintain, or remove trees on City property. The City Manager shall give due consideration to the urban forest preservation principles embodied in this chapter when making decisions regarding trees on City property.
B. The City Manager may order the removal of any tree or part of a tree on City property that:
1. Poses a threat to safety;
2. May cause damage to sewers or other public improvements;
3. Is diseased or infested and poses a danger to other healthy trees, if removal is the only practical solution;
4. Seriously impairs the appearance of City property; or
5. Interferes with the exercise of any power conveyed by the Charter of the City of Takoma Park, including the construction and alteration of buildings and public ways and sidewalks.
C. If the City Manager orders the removal of a tree pursuant to subsection (B) of this section, the City must replace the tree in accordance with Section 12.12.100.
D. The City Manager shall manage forest located on open spaces to preserve the natural state except where there is a threat to the public health, safety, or welfare. (Ord. 2003-40 (part), 2004)

A. The City Manager is authorized to inspect any woody vegetation that appears to be or is reported to be infected with a fungus, virus, bacterium, or other pathogen or infested with insects or other parasites which, due to such infection or infestation, may cause damage to other woody vegetation or other property, and may take specimens from the woody vegetation if necessary to determine the existence of such infection or infestation.
B. If the City Manager cannot determine with certainty the existence of infection or infestation in any woody vegetation, the City Manager shall send any such specimens for examination, diagnosis and report to the Cooperative Extension Service, Home and Garden Information Center, University of Maryland or other laboratory, and shall base further action on such extension service or other laboratory report. (Ord. 2003-40 (part), 2004)

A. Except as provided in subsection (B) of this section, a person who sprays, prunes, cuts, removes, or plants any vegetation on City property, without obtaining prior written permission from the Department, commits a Class B municipal infraction.
B. Permission is not required to plant or maintain non-woody vegetation less than 24” in height on planting strips or City rights-of-way located adjacent to the person’s property (e.g., between the front yard or the sidewalk and the Street), unless the City Manager informs the person of the City Manager’s objection to the planting or maintenance. (Ord. 2003-40 (part), 2004)

A. No person shall perform tree pruning, tree removal or other tree work for hire, including consulting, insect and disease mitigation, abiotic mitigation, and tree preservation, without supervision, involving a site visit, by a Licensed Tree Expert (LTE) in good standing with the Maryland Department of Natural Resources.
B. No person shall perform tree care consulting for hire without being a Licensed Tree Expert (LTE) in good standing with the Maryland Department of Natural Resources.
C. All tree work and consulting will be done according to arboriculture industry guidelines: ANSI A300 (Parts 1 and 2) and ANSI Z133.l (as amended).
D. A violation of this section is a Class B municipal infraction. (Ord. 2003-40 (part), 2004)