TREE CONTRACTORS LICENSE APPLICATION

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1 500 CENTER AVENUE, BOX 779, MOORHEAD, MINNESOTA (218) TDD 711 TREE CONTRACTORS LICENSE APPLICATION Business Name: Business Address: Phone No. Cell Phone Applicant's Name: Applicant s Address Address LICENSE FEE BOND $50.00 $1, Certificate of Liability Insurance = $600,000 Single-Limit Liability I agree to obey all ordinances, laws, regulations pertaining to this license. I also agree to hold the City of Moorhead harmless in case of any accident or on account of any danger arising from exercise of the license. I will also provide the City of Moorhead with a Certificate of Liability Insurance in the amount of $600,000 single-limit liability. Date Signature (For Office Use Only) Check Number Bond Number Receipt Number Bond Expiration Insurance Co. G:\ADMIN\LICENSES\Applications\Tree Contractor\Application_Tree Contractor.doc Certificate Expiration

2 CERTIFICATION OF COMPLIANCE WITH THE MINNESOTA WORKER S COMPENSATION LAW In accordance with Minnesota Statutes , every state or local licensing agency is required to withhold the issuance or renewal of a business license or permit until the applicant presents acceptable evidence of compliance with the worker s compensation insurance coverage requirement. Applicants are required to provide the name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. Print Full Name Doing Business As (Print Business Name) Mailing Address Type of Business (for example: construction, trucking, logging) Worker s Compensation Insurance Company Name Policy No. Date of Coverage through I certify that I am not required to carry worker s compensation insurance because (check one) I am a sole proprietor or partner and I have no employees. I have no employees who are covered by the worker s compensation law. (Only employees specifically exempted by statute are not covered by the worker s compensation law. These include: Spouse, Parent; Children, regardless of age; and farm labor employees of a family farm that spent less than $8,000 for labor in the previous calendar year. All other workers whose work activity is controlled by the employer must be covered.) I certify that the information provided above is accurate and complete. I understand that this information will be verified by the Minnesota Department of Labor & Industry, and that I am subject to a $2,000 penalty if the information provided is false. SIGNATURE DATE G:\ADMIN\LICENSES\Applications\Tree Contractor\Application_Tree Contractor.doc

3 MOORHEAD CITY CODE Title 6. PARKS Chapter 2. TREES, SHRUBS AND VEGITATION Article A. PLANTING REMOVAL AND MAINTENANCE 6 2A 1: PURPOSE: It is hereby declared to be the policy of the City to regulate and control the planting, transplanting, treatment, removal, maintenance and protection of trees and shrubs in the City in order to control Dutch Elm disease; to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or other public property of the City; to promote and enhance the beauty and general welfare of the City; to prevent damage to any public utility, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, treatment and maintenance practices; and to guard all trees and shrubs within the City against the spread of disease or pests. It is the intent of the Council that the provisions of this Article shall apply to all trees, shrubs or plants growing or hereafter planted in or upon any public right of way or other premises owned or controlled by the City, and also to all trees or shrubs growing or to be planted in or upon any private premises which shall threaten the lives, health, safety or welfare of the public or of the property owned or controlled by the City. 6 2A 2: DEFINITIONS: Whenever the following words or terms are used in this Article, they shall be construed to have the following meanings: PERSON: Any person, firm, association or corporation. PUBLIC TREES AND SHRUBS: All trees or shrubs located or to be planted on any park, playground or other property owned or controlled by the City or on any public street, alley, sidewalk or highway within the public right of way. 6 2A 3: MASTER STREET TREE PLAN: The City may develop a master plan showing the location, spacing, varieties and species of all public trees and shrubs growing or to be planted in the public right of way within the City. No person may hereafter plant, transplant or move any public tree or shrub on any street or alley of the City except to the location and spacing shown in said plan and unless it is of the species or variety therein designated. The City may waive the requirements of this Section in cases of extreme hardship where such waiver is in the public interest or necessitated by the physical characteristics of the tree or shrub. 6 2A 4: PLANTING, CARE AND REMOVAL OF PUBLIC TREES AND SHRUBS:

4 A. Permit Required: No person, except the Public Service Department or upon order of the City, shall plant, transplant, treat, alter or do surgery on any public tree or shrub within the City, or cause such acts to be done by others, without first obtaining a written permit for such work from the City as herein provided. B. Exemptions: No owners or tenants shall be required to have a permit to cultivate, fertilize or water public trees or shrubs adjoining their property. The Moorhead Public Service Department shall not be required to obtain a permit for purposes of line clearing activities. The City may authorize any person to do any work or act described in subsection A of this Section without written permit whenever it determines that such work or act will not be detrimental to the public interest and will be in accord with the spirit and other requirements of this Article. C. Requirements and Conditions of Permit: If the Council determines that the proposed work or planting described in an application for permit is necessary and in accord with the purposes of this Article and the master street tree plan, taking into account the safety, health and welfare of the public, location of utilities, public sidewalks, driveways and street lights, general character of the area in which the tree or shrub is located or proposed to be located, type of soil characteristics and physiological needs of the species or variety of tree or shrub, a permit may be issued by the City to the applicant. As a condition of issuing any permit to remove a public tree or shrub, the permittee may be required to plant one or more trees or shrubs in place of the one removed, and no permittee under such a conditional permit may fail, refuse or neglect to plant trees or shrubs of the type, size and in the location specified in the permit. D. Permits to Public Utilities: Whenever a permit is issued under this Section to a public utility other than Moorhead Public Service Department to move, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub, the work to be done may be limited to the actual necessities of the utility and an inspector may be assigned to supervise the work done under the provisions of the permit. E. Denial, Suspension or Revocation of Permit: The Council may deny, suspend or revoke any permit defined by the provisions of this Section in accordance with the provisions of Section B of this Code. 6 2A 5: GENERAL TREE AND SHRUB REGULATIONS: A. Trees to be Kept Trimmed: Trees and shrubs standing in or upon any private premises adjacent to any public street, right of way, sidewalk, park, playground or other place shall be kept trimmed by the owner or owners of the premises upon or in front of which such trees or shrubs are standing so that the lowest branches projecting over the public street or right of way provide a clearance of twelve feet (12'); and over all other public places of not less than eight feet (8'). The City may waive the provisions of this Section for newly planted trees if it determines that they do not interfere with public travel, obstruct the light of any street light or endanger public safety. Any tree or shrub not trimmed as herein provided is hereby declared to be a public nuisance.

5 B. Remove Dangerous Tree: The City Manager or appointed designees are authorized and directed to summarily order removal of any tree or bough or branch of a tree standing on any private property and overhanging any public street, road, alley or sidewalk, when in their judgment the presence of such tree, bough or branch constitutes an imminent danger to persons or private or public property. The provisions of this subsection include those trees found on the private property side of sidewalks but may properly be construed as boulevard trees. C. Obstruction of View at Intersections Prohibited: Notwithstanding any other provisions of this Article, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two (2) or more streets or alleys in the City any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle approaching such intersection to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing said intersection. Any such hedge, tree, shrub or growth is hereby declared to be a public nuisance, and shall be trimmed to a two foot (2') height or removed where found within a distance of thirty feet (30') from the curb line. 6 2A 6: TREE CONTRACTOR'S LICENSE: A. License Required: It shall be unlawful for any person, for compensation, to prune, spray, trim or remove any tree or shrub in the City without first obtaining a license therefor from the Council. B. Application and Qualifications: Applicants for a tree contractor's license shall submit such information as may be required by the City. Such applicants shall agree in writing to comply with the following conditions: 1. That the applicant shall obey all ordinances, rules and regulations pursuant to the authority of this Article which are relative to the purpose for which the license is granted. 2. That the applicant agrees to hold the City harmless in case of any accident or on account of any danger arising from exercise of the license. 3. That the applicant will furnish, prior to the issuance of the license by the City, a policy of liability insurance covering all activities within the scope of the license performed by the applicant within the city which has a single limit liability coverage of six hundred thousand dollars ($600,000.00), naming the city as an additional insured under the policy and that a copy of said policy be delivered to the city clerk. (Ord. 680, ) C. Granting Of License, Fee And Bond: The city clerk shall review the qualifications of such applicants and shall recommend issuing a license only to applicants who have met the adopted requirements. All applications shall be accompanied by a receipt from the city clerk showing the payment of a license fee as established by the city's fee schedule and shall be accompanied by a performance bond in the name of the applicant and in favor of the city in the sum as established by the city's fee schedule. The license shall entitle the holder thereof to perform commercial tree work within the city for the ensuing twelve (12) months after date of issue. (Ord. 680, ; amd. Ord , , eff. retroactive to )

6 D. Denial, Suspension Or Revocation Of License: The council may deny, suspend or revoke any license defined by the provisions of this section in accordance with the provisions of subsection B of this code. (Ord. 680, ) 6 2A 7: PENALTIES: A. Any person who shall violate any provision of this article shall, upon conviction thereof, be penalized in accordance with the provisions of section of this code. A separate offense shall be deemed committed on every day on which a violation occurs or continues. B. In addition to the penalties set forth herein, the city may avail itself of such injunctive remedies to enforce the terms and conditions of this article or to prohibit conduct contrary to the terms and conditions of this article as it may deem necessary and as is allowable by law, by commencing an appropriate action in the courts of Clay County having jurisdiction over such action. Any such legal action by the city shall in no way affect the right of the city to enforce penalties within the criminal court in addition to obtaining injunctive relief. (Ord. 680, )

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