CITY OF GRAND JUNCTION, COLORADO

ORDINANCE NO. 4608

 

AN ORDINANCE REPEALING AND REPLACING SECTION 8.32.110 OF THE

GRAND JUNCTION MUNICIPAL CODE REGARDING LICENSE TO ENGAGE IN THE BUSINESS OF CUTTING, PRUNING, TRIMMING OR REMOVING, OR SPRAYING TREES

 

RECITALS:

 

The City Council of the City of Grand Junction has reviewed and approved changes to Section 8.32.110 of the City of Grand Junctions Code of Ordinances relating to the requirements for one to engage in the business of cutting, pruning, trimming or removing, or spraying trees (collectively Tree Maintenance) in the City of Grand Junction. City Council finds that the changes as proposed are beneficial to the health, safety, and welfare of the citizens of the community with the proper care of trees.

 

 

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

 

Section 8.32.110 of the Grand Junction Municipal Code is repealed and replaced with the following language:

 

8.32.110 License required.

(a)    No person shall engage in the business of cutting, pruning, trimming or removing, and/or spraying of trees (collectively Tree Maintenance) in the City without first obtaining an annual license from the Forestry Board authorizing the person to engage in such business. Tree Maintenance licenses may be issued to a person or to a business entity. If the person who completes the examination in accordance with Section 2.36.030 for or on behalf of a business entity leaves the employ of the business entity, then another responsible person shall be required to take and pass the examination within 14 days. A person taking/passing an examination for or on behalf of a business entity shall not be deemed to be a licensee after he/she leaves the employ of the business on whose behalf he/she took the examination. A person may hold a license only if he/she complies with all of the conditions of licensure; failure to continuously maintain compliance shall cause the license to be void.

(b)   It shall be unlawful for any business entity to conduct or offer to conduct Tree Maintenance in the City unless at least one person within each crew performing and/or offering to perform Tree Maintenance is licensed by the City.

(c) The license required by this section shall establish minimum qualifications and competency. The manner and form of the license and the conditions and regulations imposed thereon are prescribed by Section 2.36.030 and Chapter 5.04 GJMC.

(d)    The annual license fee shall be established by resolution of the City Council and be on file in the City Clerk’s office beginning January 1st of each year.

(e)    Every license shall show on its face the type(s) and classification or kind(s) of Tree Maintenance services that the licensee may perform.

(f) All motor vehicles and major equipment (chippers, stump grinders, trailers etc.) used in conducting Tree Maintenance services shall be clearly identified with the name of the licensee and the license number.

(g)    No license shall be issued until the applicant therefor has presented to the City Manager a satisfactory liability insurance policy by a company licensed and duly operating lawfully in the State of Colorado covering all proposed operations of the applicant in such business in the City, including Colorado employee’s liability (or worker’s compensation insurance). The liability policy shall minimally provide coverage in the sum of at least $350,000 for the injury or death of any one person; $990,000 for the injury or death of any number of persons in any one accident; and $150,000 for damage to property. The policy may allow the first $1000.00 of liability to be deductible. The policies must be valid for at least the term of the license and shall require at least 30 days’ advance notice to the City before cancellation. If there are no employees of the company, a waiver of worker’s compensation, in a form acceptable to the City Attorney, shall be permitted. In the event of the cancellation or termination of any such required insurance policy during the licensed term, the license shall be terminated and the holder thereof shall surrender such license to the City Manager unless the licensee presents to the City Manager a substitute insurance policy meeting the requirements of this section.

 

Effective Date: The new provisions will be effective January 1, 2014.

 

INTRODUCED on first reading the 2nd day of October, 2013 and ordered published in pamphlet form.

 

PASSED and ADOPTED on second reading the 16th day of October, 2013 and ordered published in pamphlet form.

 

 

             /s/ Martin Chazen                      President of City Council Pro Tem

ATTEST:

 

 

/s/ Stephanie Tuin      

City Clerk