As used in Chapter 154 of the Municipal Code:
(A) MUNICIPAL TREE. Any tree, shrubbery, or bush on land located along and not more than thirty two lateral feet from the centerline of a public roadway, if such roadway is designated as a state highway; or along and not more than sixteen lateral feet from the centerline of a public roadway, if such roadway is designated as a municipal alley, avenue, hill, or other street; or within the rights-of-ways within the Municipality.
(B) PARK TREE. Any tree, shrubbery, or bush in public parks to which the public has free accessibility as a municipal park.
(Ordinance No. 2025-28, eff. 08-18-2025)
For the purpose of the enhancement of community beautification and environmental conservation fostering community development, economic development, quality of life and the health, safety, comfort and wellbeing of residents, visitors and stakeholders, and ensuring eligibility for federal and state funding for the same, there is hereby established in and for the Municipality the urban forestry program, to be administered by the Rutland Village Planning Commission pursuant to the provisions of Chapter 154 of the Municipal Code.
(Ordinance No. 2025-28, eff. 08-18-2025)
The Rutland Village Planning Commission shall be and is hereby designated as ex-officio Rutland Village Tree Commission, and shall be subject to and fulfill the provisions of Chapter 154 of the Municipal Code.
(Ordinance No. 2025-28, eff. 08-18-2025)
It shall be the duty of the Rutland Village Planning Commission to study, investigate, advise, develop and administer the urban forestry plan of the Municipality for the care, preservation, pruning, planting, replanting, removal or disposition of all municipal and park trees, along streets; and in other public areas. Such plan shall be presented to the Village Council, and upon its acceptance and approval, shall constitute the official Comprehensive Urban Forestry Plan of the Village of Rutland; and may be thereafter amended, from time to time, by the Planning Commission.
(Ordinance No. 2025-28, eff. 08-18-2025)
Only those species of trees, shrubs and bushes approved by the Rutland Village Planning Commission, as set forth in the Comprehensive Urban Forestry Plan of the Village of Rutland may be planted as municipal and park trees without written approval of the Planning Commission.
(Ordinance No. 2025-28, eff. 08-18-2025)
(A) Except as otherwise provided in division (C) of this section, municipal trees shall be planted along curbs, curb lines or sidewalks, provided that such municipal tree is planted not less than two feet from the edge of the curb, curb line or sidewalk, but not more than the space provided under § 154.01(A) of the Municipal Code.
(B) Except as otherwise provided in division (C) of this section, the spacing of municipal trees and park trees shall be in accordance with the tree species size and classes, provided, no trees may be planted closer together than as follows:
(1) For small trees, thirty feet;
(2) For medium trees, forty feet;
(3) For large trees, fifty feet.
(C) The Rutland Village Planning Commission may approve, in writing, the special planting of a municipal tree or park tree contrary to the location and spacing requirements set forth in divisions (A) and (B) of this section.
(Ordinance No. 2025-28, eff. 08-18-2025)
No municipal tree or park tree shall be planted within ten feet of any fire hydrant.
(Ordinance No. 2025-28, eff. 08-18-2025)
No municipal trees or park trees other than trees not exceeding a projected growth height of fifteen feet shall be planted under or within ten lateral feet of any overhead utility.
(Ordinance No. 2025-28, eff. 08-18-2025)
No municipal tree shall be planted on private land by the Municipality without authorization from the owner of record of such land, executed in the form of a written agreement with the owner of record, to include their successors, before and approved by the Rutland Village Planning Commission, setting forth the provisions of Chapter 154 of the Municipal Code and that such provisions shall be adhered to.
(Ordinance No. 2025-28, eff. 08-18-2025)
The Municipality shall be empowered and authorized to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues and lanes pursuant to the area defined under § 154.01 of the Municipal Code, and all public squares and grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(Ordinance No. 2025-28, eff. 08-18-2025)
The Rutland Village Planning Commission may remove or cause to be removed any municipal trees or park trees, or parts thereof, which are found to be in a condition unsafe, or which by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public utilities or improvements, or is affected with any injurious fungus, insects or other pests.
(Ordinance No. 2025-28, eff. 08-18-2025)
No provision in Chapter 154 of the Municipal Code shall be construed as to prevent any landowner from planting and removing trees on or from their property; provided, however, if any tree is planted within the space provided under § 154.01 of the Municipal Code, such tree, and the removal thereof, shall conform to the provisions of Chapter 154 of the Municipal Code.
(Ordinance No. 2025-28, eff. 08-18-2025)
(A) No person shall engage in or cause tree topping to any municipal tree or park tree. As used in this section, TREE TOPPING means a pruning practice where large branches and the top of a tree are severely cut back, often leaving only stubs.
(B) Whoever violates this section shall be guilty of a misdemeanor of the fourth degree, punishable by a fine not exceeding $250.00, or 200 hours of community service, but shall not be punishable by imprisonment.
(C) The Rutland Village Planning Commission may waive the provisions of this section for any municipal tree or park tree which is found, by the Commission, to have been substantially damaged by storms or other obstructions where other pruning practices are impractical.
(Ordinance No. 2025-28, eff. 08-18-2025)
(A) The Rutland Village Planning Commission shall be empowered and authorized to remove or cause the removal of any dead or diseased tree on private property, or any other property or area, when such tree constitutes a hazard to life and property, or harbors insects or disease which constitutes a potential threat to other trees within the Municipality.
(B) To invoke the authority under division (A) of this section, the Commission shall cause written notice of the same to be served upon the landowner of the property upon which such tree is located ordering such landowner to to remove such tree not more than sixty days from the date of issuance of such notice.
(C) If the landowner fails to comply with the notice provided under division (B) of this section, the Commission shall be empowered and authorized to remove such tree and assess the cost thereof upon the tax duplicate of the property from which such tree was removed, provided, however, upon affidavit of indigency before the Village Council, the landowner may be deemed indigent by the said Council, and in such case, shall not be liable for the cost herein.
(Ordinance No. 2025-28, eff. 08-18-2025)
(A) No person shall abuse, destroy, or mutilate any municipal tree or park tree, or attach thereto any rope or wire, except those to provide support, or sign, poster, handbill, or other thing; or permit any wire charged with electricity to come in contact with any such tree, or allow any gaseous, liquid or solid substance which is harmful to such tree to come in contact with their root or leaf system.
(B) Whoever violates this section shall be guilty of a minor misdemeanor, punishable by a fine not exceeding $150.00, or community service not exceeding thirty hours.
(Ordinance No. 2025-28, eff. 08-18-2025)
(A) No person shall prevent, delay or otherwise interfere with the duties of the Rutland Village Planning Commission, or any person employed or directed thereby, with respect to the exercise or enforcement of any provision of Chapter 154 of the Municipal Code.
(B) Whoever violates this section shall be guilty of a minor misdemeanor, punishable by a fine not exceeding $150.00, or community service not exceeding thirty hours.
(Ordinance No. 2025-28, eff. 08-18-2025)
(A) The acts, conduct or decisions of the Rutland Village Planning Commission with respect to the exercise or enforcement of any provision of Chapter 154 of the Municipal Code shall be subject to the legislative oversight of the Village Council.
(B) Any person may appeal any ruling or order of the Commission to the Village Council, who may hear the matter and make a final decision.
(Ordinance No. 2025-28, eff. 08-18-2025)
If any provision of Chapter 154 of the Municipal Code is held to be invalid or unenforceable, then such provision shall be struck and all remaining provisions shall remain in full force and effect.
(Ordinance No. 2025-28, eff. 08-18-2025)