Ordinance No. 750

ORDINANCE OF THE CITY OF PHILADELPHIA

MISSISSIPPI REGULATING THE CUTTING AND REMOVAL OF TREES FROM PROPERTY WITHIN THE CITY LIMITS OF PHILADELPHIA, MISSISSIPPI

BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Philadelphia, Mississippi, as follows:

1. The City, on February 1, 2022, by this Ordinance # 750, establishes certain rules and regulations concerning the cutting and removal of trees from private property within the corporate boundaries with the city of Philadelphia, Mississippi.

2. This Ordinance # 750 shall read as follows:

(a) **DEFINITION** Commercial Tree Cutter(s)

A Commercial Tree Cutter in this city shall be defined as any person or person(s) or business offering its services to property owners to fell and remove trees as herein desired within the corporate borders of the City of Philadelphia and to charge a fee and for their services in this regard.

(b) **PROPERTY OWNER**

Any person, persons or business which owns a parcel of real estate or leases a parcel of real estate located within the City of Philadelphia, Mississippi.

(c) **TREE SIZE**

It is declared that this ordinance is given to cover the felling or cutting of any tree which is six inches (6") in diameter or larger at ground level.

(d) **LICENSE**

Any person or person(s) or business which operates within the city limits in the City of Philadelphia as a commercial tree cutter shall be required to obtain a license. This license may be obtained from the Building Office of the City of Philadelphia. This license shall be obtained for a payment of $30.00 per license, and it shall be payable annually by the licensed tree cutter to the City.

Any person, person(s) or entity who charges a fee for cutting a tree within 1

the borders of the City of Philadelphia without obtaining a license shall be deemed in violation of this ordinance and punished as reflected in Section (h).

(e) **PERMIT**

In addition to the Commercial Tree Cutter having a license each time they cut and remove a tree or trees from a location, they shall obtain a permit from the Building Office and the permit shall be good for one time only after paying a permit fee of $25.00. This permit shall apply to one address only.

(f) **INSURANCE**

Pursuant upon the experience of the City and the times damage has results by the commercial tree cutter to the utility services and for other public entity property, it is the requirement of this city that every commercial tree cutter shall present to the Building Officer at the time of his request for a permit, a copy of a “general liability insurance policy” naming the commercial tree cutter in an amount of no less than $1,000,000. This policy shall protect the City, property owner, and any other person whose property may be damaged by the cutting operation.

The insurance policy must be in the name of the registered commercial tree cutter.

(g) **OWNER/RESIDENCE**

It is the responsibility of the owner of the property, or lessee of the property who secures the services of the commercial tree cutter, to make sure they have a license and permit and that they are insured as herein provided, for each and every cutting operation or the property owner may be held liable.

(h) **PENALTY**

Any commercial tree cutter, property owner or lessee who fails to abide by this ordinance may be charged with a misdemeanor criminal act and could be open to punishment or a fine of no more than $1,000.00, per incident or imprisonment of not more than six (6) months, or both.

Each day the commercial tree cutter, property owner or lessee fails to follow this ordinance shall constitute a separate charge.

2

3. This Ordinance shall go into effect immediately upon its passage, the public interest requiring, but this Ordinance shall be published in The Neshoba Democrat, as provided by law.

Motion was made by Justin Clearman and seconded by James Waltman to approve this Ordinance.

Alderman James C. Waltman voted: ✓ Aye Nay: ______ Alderman Justin Clearman voted: ✓ Aye Nay: ______ Alderman Jim Fulton voted: ✓ Aye Nay: ______ Alderman James Tatum voted: ✓ Aye Nay: ______ Alderman Shaun Seales voted: ✓ Aye Nay: ______

The Mayor declared the Ordinance passed and same shall become effective after publication as required by law.

JAMES YOUNG, MAYOR

ATTEST:

NIKKI WALTON, CITY CLERK [signature]

3

# CERTIFICATE

I, Nikki Walton, the duly appointed, qualified and acting City Clerk of the City of Philadelphia, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance, pased, ordained and adopted by the Mayor or the Board of Aldermen of said City at a public meeting thereof held on the 1st day of February, 2022, and which Ordinance is spread of record in the minutes of said meeting and maintained in my office.

GIVEN under my hand and official seal of office, this the 1st day of February, 2022.

NIKKI WALTON, CLERK (SEAL)