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Village of Nashville Parks/Trees Ordinances
- 07-26-1979 PARK ORDINANCE
- 06-11-1878 DEFACING OF TREES
- 09-05-1910 POPLAR AND BOX ALDER TREES
- 10-23-1997-C TREE ORDINANCE
ORDINANCE #7-26-1979 - VILLAGE PARK
ORDINANCE
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. NO PERSON IN ANY VILLAGE PARK SHALL:
Operate a vehicle in such manner as to create a noise nuisance in any park, nor
drive a vehicle at an unsafe speed for conditions nor shall exceed the posted
speed limit.
Drive or park a vehicle anywhere except on established drives and parking areas,
nor shall a person use a park drive for the purpose of demonstrating, teaching
the driving of, or learning to drive any
vehicle.
Drive or operate or park a vehicle used solely for commercial purpose unless
upon park business.
SECTION 2. HOURS OF OPERATION:
Unless otherwise provided, village parks shall be open between sunrise and 11:00
p.m. daily, except at such times as planned activities are under the direct
permit of the Village Council.
SECTION 3. PROHIBITED USES:
No parades, drills, exhibitions, political meetings, religious meetings,
concerts, speeches, lectures or public entertainment shall be held in any park
except on permit of the village council.
Fires are prohibited except in fireplaces or stoves provided for such purposes,
and such fires shall be extinguished after such use.
No person shall sleep whether in a vehicle, trailer, tent, hammock other manner
in a park, public way or other public place during the nighttime, unless
permitted so to do by council permit, or by the park manager.
No person shall hunt, trap, pursue any wildlife at any time, in any manner,
shape or form, nor use any weapon of any description nor any kind of trapping
device.
No person shall play baseball, football, hockey, throw a Frisbee or Frisbees,
roller skate or ice skate or engage in any other violent or rough exercises or
play in Central Park.
No adult person shall in any manner use any of the playground apparatus or
devices meant exclusively for the use of children.
No person shall advertise any placard or advertisement of any kind in the park,
nor shall any person distribute in any manner, nor place any handbill, pamphlet,
circular etc., nor post, stencil or otherwise affixing notice or bills,
advertisement or other papers upon any structure or thing in or about the park.
No person shall carry on any trade or business or sell or display any goods,
wares or merchandise in the park, unless by council permit, or by permit of the
park manager.
No person shall solicit alms or contributions for any purpose whether public or
private.
No person shall interfere with or in any manner hinder any employee of the
village while engaged in constructing, repairing or caring for any park
property.
No person shall enter any portion of the park where persons are prohibited from
going as indicated by signs or notice.
No person shall use any threatening, obscene, profane nor indecent language in
any park or be guilty of any disorderly or indecent conduct therein, nor shall
any person engage in any game or conduct which threatens the general enjoyment
of the park to the public.
No person shall bring any animal, whether domestic, pet, or otherwise, into any
village park unless on a leash and while under the control of a responsible
person.
No person shall consume alcoholic liquor nor be in the possession of alcoholic
liquor in any village park. The word alcoholic liquor is defined as follows:
"Alcoholic liquor" shall include any spirituous, vinous, malt or fermented
liquor, liquids and compounds, whether or not medicated, proprietary, patented,
or by whatever name called, containing 1/2 or 1 percent or more of alcohol by
volume which are fit for use for beverages purposes. Alcoholic liquor is defined
according to their alcoholic content as belonging to 1 of the varieties
hereinafter defined:
"BEER" - Shall mean any beverage obtained by alcoholic fermentation of any
infusion or decoction of barley, malt, hops and/or other cereal on potable
water;
"WINE"- shall mean the produce made by the normal alcoholic fermentation of the
juice of sound, ripe grapes or any other fruit with the usual cellar treatment,
and containing not more than 16 percent of alcohol by volume. The term "wine"
shall include an alcoholic content of over 16 percent by volume; and
"ALCOHOL"-
shall mean the produce of distillation of fermented liquid, whether rectified or
diluted with water or not, whatever may be the origin thereof. It does not mean
ethyl and/or industrial alcohol, diluted or not, that has been denatured or
otherwise rendered unfit for beverage purposes.
SECTION 4. PARK MANAGER:
The office or park manager is hereby established. The park manager shall be
appointed by the Village Council and, in the absence of the appointment of a
park manager by the council, the authority of the park manager shall be vested
in the Village President.
SECTION 5. PUNISHMENTS:
Any person, firm, corporation, or other entity who violates any term or
provision of this Ordinance is responsible for a municipal civil infraction and
shall be punished by a civil fine of $50 for a first
violation, $150 for a second violation, and $300 for a third or subsequent
violation and shall be liable for the payment of costs in an amount of not less
than $9.00 and not more than $500.00.
SECTION 6.
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed insofar as the conflicting portions thereof are
concerned.
SECTION 7.
This ordinance shall be published in full in the Maple Valley News, a newspaper
of general circulation in the village, promptly after its adoption, and shall be
recorded in the ordinance book of the village and such recording authenticated
by the signatures of the Village President and Village Clerk.
SECTION 8.
This ordinance is hereby determined by the Village Council to be immediately
necessary for the preservation of the peace, health and safety of the village
and is, therefore, declared to have immediate effect.
Passed and adopted by the Village of Nashville, Michigan, on this 26th day of
July, 1979.
ORDINANCE #5 (6-11-1878) - Defacing
Trees
AN ORDINANCE TO PREVENT THE DEFACING OR OTHERWISE INJURING SHADE TREES.
SECTION 1.
The Council of the Village of Nashville ordain, that any person or persons shall
not injure or deface any shade or other tree, in any street or alley of this
village, or on any lot not his own, or upon any of the public grounds in said
village, either by fastening any horse or other animal thereto, or in any other
manner.
SECTION 2.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance is responsible for a municipal
civil infraction and shall be punished by a civil fine of $50 for a first
violation, $150 for a second violation, and $300 for a third or subsequent
violation and shall be liable for the payment of costs in an amount of not less
than $9.00 and not more than $500.
SECTION 3.
This ordinance shall take effect on the tenth day of July, AD 1878.
ORDINANCE #22 (9-5-1910) - Poplar & Box
Alder Trees
AN ORDINANCE TO PROHIBIT THE PLANTING OF POPLAR OR BOX ALDER TREES WITHIN THREE
HUNDRED (300) FEET FROM ANY EXISTING SEWER OR FROM THE LINE OF ANY SEWER TO BE
HEREAFTER BUILT AS SHOWN ON THE MAPS, PLANS AND PROFILES FOR THE SEWER SYSTEM OF
THE VILLAGE OF NASHVILLE AS HERETOFORE ADOPTED AS AND FOR THE OFFICIAL MAPS FOR
SAID SEWER SYSTEM.
THE VILLAGE OF NASHVILLE, MICHIGAN ORDAINS:
SECTION 1.
It shall be unlawful for any persons, firm or corporation to set out or plant
any poplar or box alder trees within three hundred (300) feet from any existing
sewer or from the line of any sewer to be hereafter built as shown on the maps,
plans and profiled for the sewer system of the Village of Nashville, Michigan as
heretofore approved and adopted by the Village Council of the Village of
Nashville as and for the official maps, plans and profile for a sewer system for
the Village of Nashville.
SECTION 2.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance is responsible for a municipal
civil infraction and shall be punished by a civil fine of $25 for a first
violation, $50 for a second violation, and $100 for a third or subsequent
violation and shall be liable for the payment of costs in an amount of not less
than $9.00 and not more than $500.
This ordinance shall take effect the 6th day of October, AD, 1910
ORDINANCE #10-23-1997-C - TREE
ORDINANCE
SECTION 1. DEFINITIONS:
"Street trees" are herein defined as trees, shrubs, bushes and all other woody
vegetation on land lying between property lines on either side of all streets,
or ways within the Village.
"Park trees" are herein defined as trees, shrubs, bushes and all other woody
vegetation in parks having individual names, and all areas owned by the Village,
or to which the public has free access as a park.
SECTION 2. ESTABLISHMENT OF A VILLAGE TREE BOARD:
There is hereby created and established a Village Tree Board for the Village of
Nashville, Michigan, which shall consist of the DPW committee members, who shall
be appointed by the Village President, and the Director of Public Works.
SECTION 3. TERM OF OFFICE:
The terms of two persons appointed by the Village President shall be one year.
SECTION 4. COMPENSATION:
The members of the board shall serve without compensation.
SECTION 5. DUTIES AND RESPONSIBILITIES:
It shall be the responsibility of the board to study, investigate, council, and
develop and/or update annually, and administer a plan, for the care,
preservation, pruning, planting, replanting, removal, or disposition of trees in
parks, along streets and other public places. Such plan will be presented
annually to the Village Council and upon their acceptance and approval shall
constitute the official city tree plan of the Village of Nashville. The board,
when requested by the Village Council shall consider, investigate, make finding,
report, and recommend upon any special matter or question coming within the
scope of its work.
SECTION 6. OPERATION:
The board shall choose its own officers, make its own rules and regulations, and
keep a journal of its proceedings. A majority of the members shall be a quorum
for transaction of business.
SECTION 7. THE SPECIES TO BE PLANTED:
The publication "STREET TREE" by the Municipal Tree Restoration Program
constitutes the official reference publication for the Village of Nashville.
This book should be referenced when selecting a tree species for planting on
village controlled property. A copy of this publication will be available in the
Public Works Department Office for review. All species of trees selected should
meet the following qualifications before planting or have special authorization
by the Village Tree Board to waive the set standards.
1. Hardiness should be for Zone 5 or higher.
2. Only non fruit bearing trees should be planted.
3. Tree species should be drought tolerant.
4. Tree species should be salt tolerant.
SECTION 8. SPACING:
The spacing of street trees will be in accordance with the three size classes;
SMALL - 25 feet apart, MEDIUM - 40 feet apart, LARGE - 50 feet apart; except in
special plantings approved by the board and a landscape architect.
SECTION 9. DISTANCE FROM CURB AND SIDEWALK:
The distance trees may be planted from curbs or curb lines and sidewalks will be
in accordance with tree size. No trees may be planted closer to any curb or
sidewalk than the following; SMALL & MEDIUM - 2 feet, LARGE - 4 feet.
SECTION 10. DISTANCE FROM STREET CORNERS AND FIRE PLUGS:
No tree shall be planted closer than 35 feet to any corner, measured from the
nearest intersecting curb lines. No tree shall be planted closer than 10 feet to
any fireplug.
SECTION 11. UTILITIES:
No street trees other than small trees may be planted within 10 feet of any
overhead utility wire, or over, or within 5 feet of any underground utility.
SECTION 12. PUBLIC TREE CARE:
The Village shall have the right to plant, prune, maintain, and remove trees and
shrubs within the lines of all streets, alleys, and public grounds, as may be
necessary to insure public safety or to preserve or enhance the symmetry and
beauty of public grounds. The Village Tree Board may remove or cause or order to
be removed, any tree or part thereof which is in an unsafe condition or which by
reason of its nature is injurious to any utility or public improvements, or is
affected with any injurious fungus, insect, or other pest. This does not
prohibit the planting of street trees by adjacent property owners provided that
the selection and location of said trees is in accordance with this ordinance.
SECTION 13. TREE TOPPING:
It shall be unlawful as a normal practice for any person or firm to top any tree
on public property. Topping is defined as the severe cutting back of limbs to
stubs larger than 3 inches in diameter within the trees crown to such a degree
so as to remove the normal canopy and disfigure the tree. Trees severely damaged
by storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical may be exempted from
this ordinance at the determination of the Village Tree Board.
SECTION 14. PRUNING, CORNER CLEARANCE:
Every tree owner having any tree overhanging any street or right-of-way within
the Village shall prune the branches so that such branches shall not obstruct
the light from any street light or obstruct the view of any street intersection
and so that there is a clear space of 8 feet above the street or sidewalk. Said
owners shall remove all dead, diseased, or dangerous trees, or broken or decayed
limbs that are a menace to the publics safety. The Village shall have the right
to prune any tree or shrub on private property when it interferes with the
spread of light from any street light, or interferes with visibility of any
traffic control device or sign.
SECTION 15. DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY:
The Village shall have the right to cause the removal of any dead or diseased
trees on private property within the Village, when such trees constitute a
hazard to life and property, or harbor insects or disease that constitute a
potential threat to other trees within the Village. The Tree Board shall notify
in writing the owners of such trees. Removal shall be done by said owners at
their own expense within 60 days after the date of service of notice. In the
event of failure of owners to comply with such provisions, the Village shall
have the authority to remove such trees and charge the cost of work on the
owners property tax notice.
SECTION 16. REMOVAL OF STUMPS:
All stumps in street right-of-way and parks shall be removed below the surface
of the ground so that the top of the stump shall not project above the surface
of the ground.
SECTION 17. INTERFERENCE WITH VILLAGE TREE BOARD:
It shall be unlawful for any person to prevent, delay, or interfere with the
Village Tree Board, or any of its agents, while engaging in and about planting,
or caring or removing any trees on public or private grounds, as authorized in
this ordinance.
SECTION 18. REVIEW BY VILLAGE COUNCIL:
The Village Council shall have the right to review the conduct, acts, and
decisions of the Village Tree Board. Any person may appeal from any ruling or
order of the Village Tree Board to the Village Council who may hear the matter
and make a final decision.
SECTION 19. PENALTY:
Any person, firm, corporation, or other entity who violates any term or
provision of this Ordinance is responsible for a municipal civil infraction and
shall be punished by a civil fine of $50 for a first violation, $150 for a
second violation, and $300 for a third or subsequent violation and shall be
liable for the payment of costs in an amount of not less than $9.00 and not more
than $500.00.
SECTION 20. EFFECTIVE DATE:
This Ordinance shall be effective thirty (30) days after its publication.
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VILLAGE
OF NASHVILLE, MICHIGAN
