Public Tree Protection By-law 2024-27

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A By-law relating to the planting and preserving of trees on Town property in the Town of Bradford West Gwillimbury.

AND WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (“Municipal Act, 2001”) provides that a municipal power shall be exercised by by-law;

WHEREAS subsection 8(1) of Municipal Act, 2001 provides that the power of a municipality as granted by the Municipal Act, 2001 or any other Act shall be interpreted broadly so as to enable the municipality to govern its affairs as it considers appropriate and enhance the municipalities ability to respond to municipal issues;

AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001 or any other Act;

AND WHEREAS section 11 of the Municipal Act, 2001, provides that a municipality may pass by-laws respecting the health, safety and well-being of persons, services and things that the municipality is authorized to provide, protection of persons and property, public assets of the municipality, drainage and flood control, public utilities, parks, as well as highways and structures, including fences and signs;

AND WHEREAS subsection 62 of the Municipal Act, 2001 provides with respect to highways that a municipality may, at any reasonable time, enter upon land lying along any of its highways, to inspect trees and conduct tests on trees, and to
remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the municipality, the trees or branches pose a danger to the health or safety of any person using the highway;

AND WHEREAS section 135 of the Municipal Act, 2001 provides that a municipality may prohibit or regulate the destruction or injuring of trees;

AND WHEREAS sections 429, 431 , 444 and 445 of the Municipal Act, 2001 provide for a system of fines, recovery of costs and other enforcement powers;

AND WHEREAS Council deems it expedient and advisable in the public interest to enact this by-law;

NOW THEREFORE the Council of the Corporation of the Town of Bradford West Gwillimbury enacts as follows:

1.0 Short Title

1.1 The short title of this by-law is the Public Tree Protection By-law

2.0 Definitions

2.1 In this By-law, the following words have the following meanings:

Care and Maintenance means the care and maintenance of trees in accordance with good arboricultural practices including inspection, pruning, cabling and bracing, treatments for insect and disease problems, watering and fertilization.

Destroy means to remove, cut down, or in any way harm a tree to such an extent that the tree's vitality has been reduced.

Director means The Director of Recreation and Cultural Services for the Town of Bradford West Gwillimbury or their designate.

Emergency Work means work of an urgent nature, including but not limited to work associated with drainrepairs, utility repairs, structural repairs to a building and work required to prevent soil erosion, slipping of soil or damage to trees.

Good Arboricultural Practice means tree planting, maintenance and removal performed in accordance with the most current American National Standards, ANSI A300, ANSI Z133 and best management practices to the
satisfaction of the Director.

Injure means any act that will harm a tree's health in any manner including the failure to protect a tree from harm.

Officer means an employee of the Town who has been appointed by By-law to enforce Town by-laws and a member of the South Simcoe Police Service.

Owner means the registered owner, occupant, lessee, tenant, mortgagee in possession and/or the person in charge of the property.

Person means a natural person, association, organization, firm, partnership, private club, contractor, corporation, owner, individual, agent or trustee and their heirs, executors, assigns, administrators, or other legal representatives of a person, association, firm, partnership or private club of a person to whom
the context can apply according to this By-law.

Standards means minimum requirements established by the Director pertaining to the planting, protection and preservation of trees.

Tree means any species of woody perennial plant including its root system.

Town means the Corporation of the Town of Bradford West Gwillimbury

3.0 Authority for Planting, Care, Maintenance and Removal of Trees

3.1 The planting, care and maintenance, protection, preservation, any emergency work and the removal of
trees located on Town-owned land shall be under the authority of the Director.

4.0 Permissions and Prohibited Activities

4.1 Every person carrying out work on Town-owned land or carrying out work that may impact trees on Town
owned land, shall carry out such work in accordance with good arboricultural practices and the following:

a) The provisions of this by-law;

b) Any of the Town’s tree protection policies or by-laws;

c) The terms and conditions of any written approval given by the Director; and

d) Any other standards as defined by this by-law.

4.2 No person shall cause or permit:

a) the injury, destruction, or removal a tree located in whole or in part on lands owned by the
Town of Bradford West Gwillimbury;

  b)     the placement of any material within 1.5 metres of the trunk of a Town owned tree. Without
    limiting the generality of the foregoing, materials may include soil, fill, gravel, signs, stone, rock,
    boulders, timber, wood, landscape blocks, paving or construction materials;

c) the attachment of any object or thing to a Town-owned tree. Without limiting the generality of the
foregoing, this may include decorations, bird feeders, lights, cables, wires or swings;

  d)     the demolition, construction, replacement or alteration of a building, structure, driveway, parking
    pad, sidewalk, walkway, path, trail, dog run, pool, retaining wall, patio, deck, terrace, shed
    or raised garden within 1.5 metres of any Town-owned tree;

e) the placement of large stones or boulders which may injure a Town-owned tree;

f) the alteration, excavation, removal, scraping or adding of any soil, fill or material which
may injure a Town-owned tree;

  g) the application, discharge or disposal of any substance or chemical that may injure a
    Town-owned tree or materially alter the biological or chemical structure and/or function of the
    soil;

h) the watering or discharge of fluids through Town-owned lands which may injure a
Town-owned tree;

i) the placement of equipment which may injure a Town-owned tree;

j) the planting of a tree on Town-owned lands without permission of the Director; or

k) the excavation of fill/soil for directional or micro-tunneling and boring entering shafts which
may injure a Town-owned tree.

5.0 Removals

5.1 Trees on Town lands shall only be removed by Town staff or their designated Contractor.

5.2 Trees will not be removed solely for the purpose of aesthetics or nuisance, including: shade, driveway

widening, insect presence, the shedding of leaves, nuts or fruits or unsubstantiated claims of damage
caused by tree roots.

5.3 Where the Director has determined that a Town-owned tree has been damaged or injured resulting from a
violation of this by-law, the Town may remove the tree. The tree may not be replaced until such time as
the cause of the damage or injury has been removed.

5.4 The Town reserves the right not to replace a Town-owned tree at the discretion of the Director.

5.5 The Town may enter upon land along its highways to remove decayed, damaged or dangerous trees or
branches of trees if, in the opinion of the Town, the tree or branches pose a danger to the health and
safety of any Person using the highway.

6.0 Exemptions

6.1 This By-law does not apply to:

a) Any activity performed by the Town or a Town contractor with authorization from the Town;

b) Where approval was granted by the Director in writing; and
c) Activities, matters or the injury of a tree exempted pursuant to Section 1 35 (12) of the
Municipal Act.

7.0 Enforcement

7.1 This by-law may be enforced by Officers and without limiting or restricting any other power, duty or
function granted by this by-law, an Officer may carry out and/or direct whatever inspections are
reasonably required to determine compliance with this by-law or direction or order made under this by-law.

Powers of Entry

7.2 An Officer may enter onto property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

a) Any provision of this by-law;

b) An order under this by-law; or

c) An order made under the Municipal Act.

Obstruction

7.3 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who is exercising a power
or performing a duty under this by-law.

Enforcement

7.4 No Person shall fail to comply with an order issued pursuant to this by-law.

7.5 If an Officer is satisfied that a contravention under this by-law has occurred, the Officer may issue an order
requiring the work to be done to correct the contravention.

7.6 If an Officer has reasonable grounds to believe that a contravention of this by-law has occurred, the Officer
may make an order requiring the Person who contravened the by-law, or who caused or permitted the
contravention, to discontinue the contravention.

Work Done by the Town

7.7 If the work required by an order under the provisions of this by-law is not done within the specified period,
the Town, in addition to all other remedies it may have, may do the work at the Person’s expense and may
enter upon the land at any reasonable time for this purpose.

7.8 The Town may recover its costs of remedying a violation of this by-law by invoicing the owner, by
instituting court proceedings or by adding the cost, including interest, to the tax roll and collecting in the
same manner as municipal taxes in accordance with section 446 of the Municipal Act, 2001 and the
exercise of any one remedy shall not preclude the exercise of any other available remedy.

7.9 If the costs for work pursuant the provisions of this by-law are not paid to the Town within 30 days of
written demand thereof, the Treasurer for the Town may add the costs, including interest, to the tax roll
for the lot and collect them in the same manner as municipal taxes.

8.0 Offences and Penalty

8.1 No Person shall fail to comply with an order issued pursuant to this by-law.

8.2 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is
liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter c. P. 33, as amended.

8.3 All contraventions of this By-law are designated as multiple offences and continuing offences under Section
429(2) and (5) of the Municipal Act, 2001, as amended.

9.0 Severability

9.1 Notwithstanding any section, subsections, clause, paragraph or provision of this by-law, or parts thereof
may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the
powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and
that all other sections or parts of this by-law are separate and independent therefrom and enacted as such
as a whole. Same shall not affect the validity or enforceability of any other provisions of this by-law or of
the by-law as a whole.

10.0 Effective Date

10.1 This By-law shall come into force and take effect on the date it is enacted.

Enacted on April 2, 2024

Original signed by Tara Reynolds, Clerk and James Leduc, Mayor.