Chapter 4-28: Tree Contractor License
The purpose of this chapter is to protect the health, safety and welfare by licensing persons who cut, prune or remove trees in the City. This section is not intended to impose and does not impose any requirement on any property owner to employ a certified arborist except as provided in sections 6-6-2, "Removal of Dead, Diseased or Dangerous Trees," B.R.C. 1981, 6-6-7 "Mitigation of Trees or Plants Removed or Destroyed," B.R.C. 1981, or 9-2-14 "Site Review," B.R.C. 1981. This section does, however, provide that when property owners hire a person engaging in the business of cutting, pruning, removing or applying pesticides to any trees, that person should have adequate qualifications to perform the work.
Ordinance No. 7712 (2011)
(a) No person shall engage in the business of cutting, pruning, removing or applying pesticides to any trees on public or private property within the City for commercial gain or profit without employing a person to supervise such work who is a licensee under this chapter.
(b) No person shall engage in any activity for which this code requires a certified arborist without meeting the testing requirements set forth in section 4-28-4, "License Application and Qualifications," B.R.C. 1981.
(c) All tree related work in the City must be performed in accordance with all requirements adopted by the city manager and all city, state and federal laws. Any licensee not complying with the requirements of this chapter may have his or her license suspended or revoked pursuant to the provisions of section 4-1-10, "Revocation of Licenses," B.R.C. 1981.
(d) All motor vehicles and other major equipment used by any licensee hereunder in conducting the license tree services must be clearly identified with the licensee's business name and phone number or the business name and phone number of the licensee's employer.
Ordinance No. 7712 (2011)
4-28-3 Application for License.
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An applicant for a contractor license shall:
(a) Apply on forms furnished by the city manager;
(b) Pay the fee prescribed by section 4-20-65, "Tree Contractor License Fee," B.R.C 1981; and
(c) Provide evidence of insurance coverage required by section 4-1-8, "Insurance Required," B.R.C. 1981.
Ordinance No. 7712 (2011)
4-28-4 License Application and Qualifications.
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(a) To qualify as a "certified arborist," an applicant shall show proof of current International Society of Arboriculture certification or an equivalent exam.
(b) The city manager may approve an application to be a "certified arborist" for persons that have demonstrated equivalent qualifications to those described in subsections (a) above.
(c) To qualify as a "licensed tree contractor" a person must meet all of the requirements of this chapter, except the qualifications required under subsections (a) and (b) of this section.
Ordinance No. 7712 (2011)
4-28-5 Authority to Deny Issuance of License.
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(a) The city manager may deny an application for a license under this chapter upon a finding of any of the conditions set forth in subsection 4-1-9(a), "Authority to Deny Issuance of Licenses," B.R.C. 1981, or upon a determination that:
(1) The applicant has had any contractor's license revoked or suspended; or
(2) The applicant has previously failed to comply with the ordinances and regulations of the City relating to conducting any contracting business licensed by this code.
(b) If the city manager denies a license application under this section, the manager shall follow the procedures prescribed by subsection 4-1-9(b), "Authority to Deny Issuance of Licenses," B.R.C. 1981.
Ordinance No. 7712 (2011)
4-28-6 Licensee Responsibilities.
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A licensee under this chapter is responsible for all work performed under each contract executed pursuant to the license, whether the contractor, an employee or a subcontractor performs the work.
Ordinance No. 7712 (2011)
4-28-7 Revocation and Suspension of License.
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The city manager may suspend or revoke a license issued under this chapter for the grounds and under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981. Grounds for suspension or revocation include, without limitation, failure to maintain required insurance.
Ordinance No. 7712 (2011)
An existing licensee under this chapter may renew the license by completing an application on forms furnished by the manager, filing the certificate of insurance prescribed by section 4-1-8, "Insurance Required," B.R.C. 1981, and paying the fee prescribed by section 4-20-65, "Tree Contractor License Fee," B.R.C. 1981.
Ordinance No. 7712 (2011)
The term of the license issued under this chapter is twelve months from its date of issuance.
Ordinance No. 7712 (2011)
Certified arborist means a licensed tree contractor who meets the qualifications set forth in subsection (a) or (b) of section 4-28-4, "License Application and Qualifications," B.R.C. 1981.
Licensed tree contractor means a professional engaged in the business or cutting, pruning, removing or applying pesticides to any tress on public or private property within the City for commercial gain or profit.
Supervise means to oversee or direct the work of another, but does not require that the individual perform the work or be present while the work is performed.
Ordinance No. 7712 (2011)