ARBORIST'S LICENSE

Omaha Municipal Code ch. 37, art. II

in effect

Omaha Municipal Code § 37-21 Definition.

Sec. 37-21. - Definition. For the purposes of this article, the phrase "the business of arboriculture" shall be defined as the performance, for hire or other valuable consideration, of any of the acts for which an arborist's license is required. (Code 1980, § 37-21; Ord. No. 33759, § 15, 12-19-95)

Omaha Municipal Code § 37-22 Required.

Sec. 37-22. - Required. It shall be unlawful for any person to engage in the business of arboriculture in this city without first obtaining an arborist's license as provided in this article. (Code 1980, § 37-22; Ord. No. 33759, § 17, 12-19-95)

Omaha Municipal Code § 37-23 Certificate of compliance for business entities.

Sec. 37-23. - Certificate of compliance for business entities. It shall be unlawful for any firm, partnership or corporation to engage in the business of arboriculture until such firm, partnership or corporation has been granted a certificate of compliance by the city forester. The issuance of such a certificate of compliance shall be conditioned upon one or more persons of such firm or partnership, or, in the case of corporations, one or more officers, including the manager or individual designated and registered to accept service of summons in the name of the corporation, being the holder of an arborist's license of the grade required for the work undertaken. Furthermore, all firms, partnerships or corporations shall adhere to all city codes as stated in chapter 37 of the Omaha Municipal Code, all other codes related to the field of work and comply with all ANSI Z-133.1 standards for tree care operations. Such firms, partnerships or corporations shall also be responsible for proper training of all employees on current tree care, safety practices and file with the city forester an acceptable public liability insurance policy. (Code 1980, § 37-23; Ord. No. 33759, § 19, 12-19-95; Ord. No. 39329, § 3, 5-15-12)

Omaha Municipal Code § 37-24 Classifications.

Sec. 37-24. - Classifications. An arborist's license shall be classified as follows: (a) First class. A first class arborist's license shall entitle the holder thereof, for hire or other valuable consideration, to trim and cut or prune limbs or branches of trees; to perform tree surgery; to repair any broken or injured tree; to spray, inject, fertilize or otherwise chemically treat for pests or diseases any tree; or to treat in any other manner any tree in the city. (b) Second class. A second class arborist's license shall entitle the holder thereof, for hire or other valuable consideration, to trim and cut or prune limbs or branches of any tree in the city. (c) Third class. A third class arborist's license shall entitle the holder thereof, for hire or other valuable consideration, to perform tree surgery; to repair any broken or injured tree; to spray, inject, fertilize or otherwise chemically treat for pests or diseases any tree; or to treat in any other manner any tree in the city, to trim and cut or prune limbs or branches of trees from the ground only and is prohibited to climb any tree for hire or perform work from any type of aerial lift or to remove any tree more than eight inches DBH or at a height greater than 20 feet. (Code 1980, § 37-24; Ord. No. 33759, § 21, 12-19-95; Ord. No. 39329, § 4, 5-15-12)

Omaha Municipal Code § 37-25 Assistants.

Sec. 37-25. - Assistants. Nothing contained in the provisions of this article, except as provided in section 37-23 shall be interpreted as prohibiting the employment by a holder of an arborist's license of assistants who are not license holders; provided that the holder of the license shall be equally responsible for all acts of his/her assistants as if he/she had done them himself/herself. The holder of the license shall be available to his/her assistants within 60 miles from the work being performed. (Code 1980, § 37-25; Ord. No. 33759, § 23, 12-19-95; Ord. No. 39329, § 5, 5-15-12)

Omaha Municipal Code § 37-26 Qualifications.

Sec. 37-26. - Qualifications. The applicant for an arborist's license required by the provisions of this article shall meet the following qualifications: (a) Be at least 18 years of age. (b) Pass an examination for such license. (c) Hold a state department of agriculture commercial pesticide applicator certificate. (This requirement shall apply to first and third class licenses only.) (Code 1980, § 37-26; Ord. No. 33759, § 25, 12-19-95; Ord. No. 39329, § 6, 5-15-12)

Omaha Municipal Code § 37-27 Application.

Sec. 37-27. - Application. Every applicant for an arborist's license shall make application therefor to the city forester. (Code 1980, § 37-27; Ord. No. 33759, § 27, 12-19-95)

Omaha Municipal Code § 37-28 Fee.

Sec. 37-28. - Fee. The fee for an arborist's license and the examination therefor shall be as provided in section 19-53 of this Code. (Code 1980, § 37-28; Ord. No. 33759, § 29, 12-19-95)

Omaha Municipal Code § 37-29 Determination of fitness of applicant—Generally.

Sec. 37-29. - Determination of fitness of applicant—Generally. The city forester shall pass upon all applications for, and shall determine the fitness of all applicants for arborist's licenses as required by the provisions of this article. (Code 1980, § 37-29; Ord. No. 33759, § 31, 12-19-95)

Omaha Municipal Code § 37-30 Same—Establishment of rules by city forester.

Sec. 37-30. - Same—Establishment of rules by city forester. The city forester shall make such reasonable rules as are necessary to ascertain the fitness of applicants to receive arborist's licenses. (Code 1980, § 37-30; Ord. No. 33759, § 33, 12-19-95)

Omaha Municipal Code § 37-31 Scope of examination.

Sec. 37-31. - Scope of examination. All examinations for an arborist's license shall be oral, written or both, in the discretion of the city forester, and the applicant for the license may also be required to pass a practical test. A grade of 75 percent shall be required for passage. (Code 1980, § 37-31; Ord. No. 33759, § 35, 12-19-95)

Omaha Municipal Code § 37-32 Authority to require re-examination or additional training.

Sec. 37-32. - Authority to require re-examination or additional training. The city forester may require a re-examination or additional training of the holder of any arborist's license, from time to time, in order to ascertain the continued fitness of the holder thereof and his right to retain such license. (Code 1980, § 37-32; Ord. No. 33759, § 37, 12-19-95)

Omaha Municipal Code § 37-33 Re-examination after failure.

Sec. 37-33. - Re-examination after failure. Any applicant for an arborist's license who fails to pass the examination therefor shall be required to wait at least one month after the date of such examination before again making application for such license. The applicant shall be required to pay the same fee as for the original examination. (Code 1980, § 37-33; Ord. No. 33759, § 39, 12-19-95)

Omaha Municipal Code § 37-34 Expiration.

Sec. 37-34. - Expiration. Every certificate of compliance or arborist's license issued under the provisions of this article shall expire on December 31 three years from its date of issuance. (Code 1980, § 37-34; Ord. No. 33759, § 41, 12-19-95; Ord. No. 39329, § 7, 5-15-12)

Omaha Municipal Code § 37-35 Renewal.

Sec. 37-35. - Renewal. Certificates of compliance or arborist's licenses issued under the provisions of this article shall be renewed every three years upon payment to the city of the renewal fee. (Code 1980, § 37-35; Ord. No. 33759, § 43, 12-19-95; Ord. No. 39329, § 8, 5-15-12)

Omaha Municipal Code § 37-36 Re-examination upon failure to renew.

Sec. 37-36. - Re-examination upon failure to renew. If any license issued under the provisions of this article is not renewed within 90 days from its date of expiration, the holder thereof shall be required to file a new application therefor and take a new examination. (Code 1980, § 37-36; Ord. No. 33759, § 45, 12-19-95)

Omaha Municipal Code § 37-37 Revocation.

Sec. 37-37. - Revocation. The city forester may revoke the license or certificate of compliance of any arborist, or of any firm, partnership or corporation, found using improper methods as herein defined, or who in any other way digresses from good arboriculture practice. (Code 1980, § 37-37; Ord. No. 33759, § 47, 12-19-95; Ord. No. 39329, § 9, 5-15-12)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH37TRVE_ARTIIARLIFetched: 10/28/2026