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Sec to <br />or a <br />Although no two tree ordinances will be exactly alike, there are some basic elements that will <br />help assure that the document is workable and effective. These elements are called sections, and <br />they are presented here with examples and principles that illustrate why each one is necessary. <br />I. PURPOSE <br />PRINCIPLE: An opening statement that clearly sets forth the purpose of <br />the ordinance will help avoid ambiguity in interpretation. This initial <br />section is usually capitalized and in bold print. <br />Example: IT IS THE PURPOSE OF THIS ORDINANCE TO PROMOTE AND <br />PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL <br />WELFARE BY PROVIDING FOR THE REGULATION OF THE <br />PLANTING, MAINTENANCE, AND REMOVAL OF TREES, <br />SHRUBS, AND OTHER PLANTS WITHIN THE CITY OF <br />II. AUTHO ITY AND POWER <br />PRINCIPLE: Someone within city government must have the clearly <br />designated authority to administer the provisions of the ordinance. This <br />section defines, designates, or creates a department, board, commission, <br />or person responsible for the planting, care and protection of the <br />city's trees. <br />Example: There is hereby created and established a City Tree Board for the City <br />of , which shall consist of five members, citizens and <br />residents of this city, who shall be appointed by the mayor with the <br />approval of the city council. Members of the board shall serve without <br />compensation. <br />[HOME RULE AUTHORITY: In order to avoid conflicts with state laws <br />governing trees, a statement transferring regulations to the city may be <br />necessary. State, county and city laws will explain this process. If needed, <br />the statement should be added as a section.] <br />III. TERM OF OFFICE <br />PRINCIPLE: Reasonable and clearly stated terms of office for volunteer <br />boards or commissions will help infuse the program with new ideas on a <br />periodic basis and will help avoid the problems created by obstructionists <br />with life or long-term tenure. This section defines length of service, a <br />method for filling vacancies, and the number of consecutive terms (if any) <br />that can be served. Staggering terms can help assure continuity and <br />stability. <br />Example: The term of the five persons to be appointed by the mayor shall be <br />three years, except that the term of two of the members appointed to <br />the first board shall be for only one year and the term of two members <br />of the first board shall be for two years. In the event that a vacancy <br />shall occur during the term of any member, his or her successor shall <br />be appointed for the unexpired portion of the term. <br />A clearly stated purpose <br />prevents misinterpretation. <br />A tree ordinance and tree <br />board or commission usually <br />go hand in hand. Limited and <br />staggered terms of office lend <br />vitality and continuity to <br />a board. Member diversity <br />assures a blend of ideas and <br />broader public support. A <br />good mix might be one <br />interested attorney, two green <br />industry professionals and <br />two interested residents or <br />business leaders. <br />TREE CITY USA BULLETIN No. 9 • National Arbor Day Foundation • 3 <br />