Town of Greenwich, CT - Call of the June 8, 2009 RTM Meeting

7. To consider and act upon the following resolution, requested by the Executive Director of Nathaniel Witherell and approved by the Board of Directors of Nathaniel Witherell and the Board of Estimate and Taxation.

a) To promote and protect the public health, safety and general welfare of the residents by providing for the regulation of the planting, maintenance, protection and removal of trees, shrubs and woody vegetation within the Town of Greenwich.

b) To recognize and appreciate that trees produce oxygen, capture carbon dioxide from the atmosphere, provide air purification, prevent soil erosion, control flooding, assist in water purification, contribute to the quality of life by providing cooling shade, provide habitat for wildlife, reduce noise levels, and aesthetically enhance the landscape.

d) To protect the people in the Town of Greenwich from personal injury and property damage caused by the improper planting, maintenance, protection or removal of trees, shrubs and woody vegetation located on Town-owned property.

a) Tree Warden: The Greenwich Tree Warden shall be the Superintendent of the Parks & Trees Division of the Department of Parks & Recreation, and shall have all the powers, duties and authority provided by The Public Shade Trees and Tree Protection Examining Board Statute (Connecticut General Statutes Sec. 23-59) as may be hereafter amended, and by this Ordinance.

c) Urban / Community Forest: Collectively, the natural resource of all Town-owned trees, shrubs and woody vegetation upon street right-of-ways, parks, school campuses, open space properties, and grounds of Town facilities.

k) Public Nuisance: Any tree, shrub or woody vegetation which is hazardous or injurious to the public health, safety and welfare or which causes substantial depreciation in the value of real property in the neighborhood.

a) The Tree Warden, in coordination with the Conservation Commission, shall prepare and maintain a long-range, comprehensive strategic plan for the administration and management of the community forest program to implement the purposes set forth in Section 13-1, which, together with the resulting periodic work plans, shall comprise the Urban/Community Forest Management Plan.

b) The Tree Warden shall prepare and maintain a manual containing regulations and standards for the planting, maintenance, removal and protection of trees, shrubs and woody vegetation upon Town-owned property which shall be known as the Greenwich Arboricultural Specifications and Policy Manual.

a) The Tree Warden shall serve as liaison to all Town Departments, agencies, and the Board of Education on all matters relating to individual trees and forest resources, and may provide technical assistance as appropriate.

b) Any Town Department or agency shall notify the Tree Warden of any applications for new curb, gutter, sidewalks or driveway installations, utility installations or other improvements which might require the removal of or cause injury to any Town-owned tree.

a) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain a public utilities permit from the Tree Warden before performing any maintenance work on the wires, pipes, or conduits which would cause injury to Town-owned trees. The public utility shall not injure, deface, prune, or scar any Town-owned tree until its plans and procedures have been approved by the Tree Warden.

b) When maintaining Town-owned trees, a public utility must observe good arboricultural practices, as specified by the Pruning Standards prescribed in the Greenwich Arboricultural Specifications and Policy Manual.

a) No person shall plant any tree, shrub or woody vegetation within the limits of any Town-owned property without having first obtained a permit to do so from the Tree Warden. Written application for such permission shall be made to the Tree Warden setting forth the size, species, type and location of each tree, shrub or woody vegetation, for which such permission is requested.

b) The Tree Warden shall consider the effect of planting the specified trees, shrubs or woody vegetation upon the general welfare of the community and upon the present and future use, safety, maintenance, development and improvement of Town-owned property for all lawful purposes.

Nothing in this Chapter and no permit granted pursuant to this Chapter shall be deemed to prejudice any rights which the Town may now or hereafter have with respect to trees, shrubs and woody vegetation planted on Town-owned property.

Except as otherwise provided in Sec. 13-5, 3-10 and 13-11 of this Chapter, no person shall cut, trim, prune, remove, injure or interfere with any tree, shrub or woody vegetation, including the branches, trunk, root system or crown thereof, in whole or in part, on any Town-owned property without a permit from the Tree Warden. When maintaining Town-owned trees, a person must observe good arboricultural practices, as specified by the pruning standards prescribed in the Greenwich Arboricultural Specifications and Policy Manual.

Under this chapter, permits shall be issued in conformity with Connecticut General Statutes Sec. 23-65(f). Applications for permits must be made on application forms provided for such purpose by the Tree Warden. Permits expire thirty (30) days after the date of issue unless otherwise noted thereon by the Tree Warden.

Work which, in the opinion of the Tree Warden, is of an emergency nature, such as failure of gas, water or electric utility lines, may be performed as orally prescribed by the Tree Warden at the expense of the person requesting same.

a) Except as otherwise provided in this section, any person who unlawfully or willfully cuts, destroys, carries away, removes, prunes, injures or defaces any tree or shrub on Town-owned property without proper authority shall be fined not more than one hundred dollars ($100.) for each separate offense and shall be liable civilly for damages [Connecticut General Statutes, Section 23-65(b)].

b) In addition to any fines authorized hereunder for any tree, shrub or woody vegetation unlawfully cut, destroyed or carried away, the Tree Warden may seek recovery of three (3) times the value of the tree, shrub or woody vegetation pursuant to Connecticut General Statutes Section 52-560 and, for any encroachment (as referred to in Connecticut General Statutes Section 52-560a), may bring an action to enforce the remedies and damages specified in Connecticut General Statutes Section 52-560a. Nothing in this section shall limit the authority of the Tree Warden to invoke any other remedies under Connecticut General Statutes Section 52-560 and Section 52-560a.

c) Any person who affixes to a telephone, electric light pole, power pole or other utility pole, tree, shrub, rock or other natural object on Town-owned property a playbill, picture, notice, advertisement or other similar thing, or cuts, paints or marks any tree, shrub, rock or other natural object or uses climbing spurs for the purpose of climbing any tree on Town-owned property shall be fined not more than fifty dollars ($50.) for each offense. Each affixing, cutting, painting, marking or climbing shall be considered a separate offense [Connecticut General Statutes, Section 23-65(a)].

d) The removal, pruning or willful injury of any tree, shrub or woody vegetation by any person without a permit from the Tree Warden or the affixing of any playbill, picture, notice, advertisement or other similar thing concerning the business or affairs of any person to a tree, shrub, rock or other natural object on Town-owned property by an agent or employee of such person shall be deemed to be the act of such person, and such person or any member of such firm or any officer of such corporation, as the case may be, shall be subject to the penalty therein provided, unless such act is shown to have been done without his knowledge or consent [Connecticut General Statutes, Section 23-65(d)].

e) The affixing of each individual playbill, picture, notice or advertisement or other similar thing to a tree, shrub, rock or other natural object or the willful removing, pruning, injuring or defacing of each tree or shrub shall constitute a separate violation. Nothing in this section shall affect the authority of the Tree Warden to remove, prune or otherwise deal with a tree or shrub under his jurisdiction. [Connecticut General Statutes, Section 23-65(e)].

f) If any person plants any tree, shrub or woody vegetation on Town-owned property, without obtaining the required permit, he shall be fined not more than twenty-five dollars ($25.) and shall remove the same at his expense within a period of thirty (30) days.

No person shall interfere with the Tree Warden or persons acting under his authority while engaged in planting, mulching, pruning, removing or maintaining any tree, shrub or woody vegetation on Town-owned property.

All trees on Town-owned property that are designated for preservation shall be protected in accordance with the Tree Protection Specifications section of the Greenwich Arboricultural Specifications and Policy Manual.

Any tree or part of the tree or any shrub or other vegetation that poses an unreasonable risk to any Town-owned property and is determined to pose an unreasonable risk to the public health, safety or welfare by the Tree Warden and any tree, shrub or other vegetation which is hazardous or injurious to the public health, safety and welfare or which causes substantial depreciation in the value of real property in the neighborhood shall be determined to be a “nuisance” and is to be abated by the Town in accordance with the Town of Greenwich Nuisance Ordinance (Greenwich Municipal Code, Chapter 6C).

The Tree Warden may assign the Deputy Tree Warden(s) to perform those duties of the Tree Warden as the Tree Warden shall designate, but the Tree Warden shall remain responsible for those duties. The Tree Warden may rescind the right to be designated as Deputy Tree Warden at any time with or without cause.

RESOLVED: Be it Ordained and Enacted by the Representative Town Meeting that: the Greenwich Ordinance entitled Chapter 6C, “Nuisances” of the Greenwich Municipal Code is hereby amended in the following section as follows:

h) Nuisance shall mean the existence of a condition involving any one (1) or more of the following items: trees, shrubs or vegetation which are hazardous or injurious to the public health, safety and welfare or which would cause substantial depreciation in the value of real property in the neighborhood or which have been determined to be a nuisance pursuant to any other provision of this Municipal Code, building and construction materials, landscape and fill materials, demolition debris, motor vehicles and motor vehicle parts, fixed- and rotary wing aircraft and parts, boats and boat parts, tires, appliances, furniture, metal, plastic, cardboard or glass containers, paper and rags which are inoperative, abandoned or discarded; which are found in substantial quantities in or upon any premises and are visible from any third-party residential premises; and which are hazardous or injurious to the public health, safety and welfare or which cause substantial depreciation in the value of real property in the neighborhood . . .

It is determined that the number of false alarms being made to the Police and Fire Departments hinders the efficiency of those Departments, lowers the morale of Department personnel, constitutes a danger to the general public in the streets during responses to false alarms and jeopardizes the response of volunteers; and that the adoption of this chapter will reduce the number of false alarms and promote the responsible use of alarm devices in Greenwich by the alarm user.

(a) Alarm device - Any device which, when activated by a criminal act, fire or other emergency calling for Police or Fire Department response, transmits a signal to Police or Fire Department headquarters; transmits a signal to a person who relays information to Police or Fire Department headquarters; or produces an audible or visible signal to which the Police or Fire Departments are expected to respond. Excluded from this definition and the scope of this chapter are devices which are designed to alert or signal only persons within the premises in which the device is installed.

(b) Alarm user - The owner of any premises in which an alarm device is used, provided that an occupant who expressly accepts responsibility for an alarm device by registration pursuant to Section 2A-5 shall be deemed the "alarm user ."

(c) Automatic dial alarm - A telephone device or attachment that mechanically or electronically selects a telephone line to Police or Fire Department headquarters or to the 911 system and reproduces a prerecorded voice message to report a criminal act, fire or other emergency calling for Police or Fire Department response. Excluded from this definition are devices which relay a digital-coded signal to Police or Fire Department headquarters.

(b) The Alarm Appeal Board shall consist of five (5) members, who shall be appointed by the Representative Town Meeting on nomination by the Board of Selectmen. All members shall be electors of the town and shall serve without compensation. Three (3) members shall be appointed for terms expiring March 31. 1982, and two (2) members for terms expiring March 31, 1984. Further appointments, except to fill vacancies, shall be for terms of four (4) years commencing on April 1. Appointed members shall serve until their successors shall have been appointed and qualified. Vacancies in the membership shall be filled for the unexpired portion of a term in the same manner as regular appointments.

(a) No person, firm or corporation shall install an alarm device without first providing the alarm administrator with the name, address and phone number of the owner and of the occupant (if different) of the premises wherein an alarm device is to be installed.

(a) Alarm device registration shall be accomplished by filling out a form provided by the administrator to include such information concerning the identity of the prospective alarm user, the identity of the alarm user's contractor, if any, and the nature of the proposed alarm device as the administrator may require. The administrator shall issue the alarm user a written acknowledgment of proper registration.

(c) Each alarm device registration shall expire on July 1 of each year and must be renewed annually by submitting an updated registration form to the administrator. The administrator shall notify each alarm user of the need to submit an updated

registration thirty (30) days prior to the expiration date. It shall be the responsibility of the alarm user to submit an updated registration form prior to the expiration date. Failure to do so will be classified as use of a non-registered alarm device and penalties shall be assessed in accordance with Section 2A-23.

(a) Central station registration shall be accomplished by filling out a form provided by the administrator to include such information as the administrator may require concerning the identity of the applicant, the type of its business organization (individual proprietorship, partnership, corporation), the principal place of business of the entity, the location of the office monitoring alarms, the staffing of that office and the alarm users in Greenwich served by the station. The administrator shall issue the central station a written acknowledgment of proper registration.

(b) It shall be the responsibility of each central station to notify the administrator of changes in the registration information, but such notification need not be given more frequently than once a month. (RTM, § 8, 12/13182.)

(a) Contractor registration shall be accomplished by filling out a form provided by the administrator to include such information concerning the identity of the applicant, the type of its business organization (individual proprietorship, partnership, corporation), the principal place of business of the entity, the places of business from which Greenwich alarm users will be served, the types and makes of equipment sold and/ or installed and the types and makes of equipment the contractor is qualified to service. The administrator shall issue the contractor a written acknowledgment of proper registration.

(c) The amount of the contractor registration fee may be raised or lowered from time to time at the discretion of the Board of Estimate and Taxation without further approval of the Representative Town Meeting.

(a) After the publication of this chapter, the administrator will not permit the registration of an alarm device which transmits a digital-coded signal to either the Police Department or the Fire Department unless the alarm user has received special authorization in accordance with Section 2A-12(b).

(c) After July I, 1983, signals that result from the activation of an alarm device for which a direct connection has not been authorized in accordance with Section 2A-12(b) must be transmitted to a central station which, after such verification as is practicable, will transmit the alarm to the Police Department or Fire Department.

(b) It shall be the responsibility of the central station to attempt to verify every alarm activation, except a duress or hold up alarm activation, before requesting a police response to an alarm activation.

(c) It shall be the responsibility of the central station to notify the alarm user or his designated keyholder whenever the central station reports an alarm activation to the Police Department or Fire Department

When the administrator determines that the Police Department or Fire Department has responded to a false alarm, the administrator shall impose a charge on the responsible alarm user according to the following schedule:

(c) For response by both the Police Department and the Fire Department, an additional charge of $50 will be added to the applicable fine, except for the first false alarm within the Town’s fiscal year.

Following the payment of the applicable charge for a false alarm, an alarm user may present to the administrator an invoice of repair of the alarm device causing the false alarm, which invoice of repair shall be reviewed by the Alarm Appeal Board. If the Alarm Appeal Board deems the invoice of repair to be satisfactory, the Alarm Appeal Board may then make a finding that such false alarm shall not be counted against subsequent false alarms for the alarm user within the Town's fiscal year,

(a) The administrator shall notify the responsible alarm user of any false alarm charge by mail. Within thirty (30) days after the mailing of such notice, the alarm user may file with the administrator information to show that the alarm was not a false alarm within the meaning of this chapter.

(b) The administrator shall consider such information, reaffirm or rescind the false alarm charge and notify the alarm user of its decision by mail. Within thirty (30) days after the mailing of such notice, the alarm user may file with the Alarm Appeal Board an appeal, in writing.

(a) Upon receipt of a timely appeal from a false alarm charge or a registration suspension, the Alarm Appeal Board shall hold a hearing to consider it and shall mail notice of the time and place of said hearing to the alarm user taking the appeal at his last known address, at least fifteen (15) days before the hearing. On the basis of

information provided by the alarm user and other information introduced at the hearing, the Board shall affirm the charge or suspension, if it finds that the charge or suspension was properly imposed, or rescind the charge or suspension, if it finds the charge or suspension was not properly imposed.

Each notice of a false alarm charge, the reaffirmation of such a charge by the administrator or the suspension of a registration shall refer to and provide instructions concerning the alarm user's right to further recourse by filing information with the administrator or an appeal with the Alarm Appeal Board, as the case may be.

All information in the possession of the administrator, the Alarm Appeal Board, the Police Department or the Fire Department concerning particular alarm users and particular alarm devices shall not be divulged without the written consent of the alarm user or users concerned, except that information as to the frequency of false alarms experienced by an individual alarm user may be supplied to the contractor who installed or who currently has a contract to service that user's alarm device.

The administrator, Police Department and Fire Department shall, with respect to each and every false alarm, compile information concerning; alarm devices, contractors and sources of false alarms in a form such that the information may be evaluated in terms of relative reliability of different sorts of alarm devices and particular contractors and the frequency of false alarms attributable to different categories of sources. All alarm activations, including those not considered false alarms as defined herein shall be cross-referenced by the administrator with such compiled information to determine if the alarm device has been registered in accordance with Sections 2A-5 and 2A-6. If it is determined that the alarm device has not been registered, the administrator shall notify the alarm user in writing, of the registration procedures for such alarm device. Failure of the alarm user to register such alarm device following notification by the administrator shall result in penalties pursuant to Section 2A-23.

Notwithstanding the provisions of this chapter, the town, its departments, officers, agents and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm device or of the alarm-monitoring facilities at Police and Fire Department headquarters. No liability whatsoever is assumed for the failure of such alarm devices or monitoring facilities or for the failure to respond to alarms or for any other omission in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the town, its departments, officers, agents and employees from liability in connection with the alarm user's alarm device.

(a) Failure to register an alarm device, within thirty (30) days of notification by the administrator: fifty dollars ($50.); within sixty (60) days of notification by the administrator: two hundred dollars ($200.).

(b) Failure to give notice of changes in registration information, within thirty (30) days of notification by the administrator: fifty dollars ($50.); within sixty (60) days of notification by the administrator: one hundred dollars ($100.).

(c) Installing an alarm device without first providing the alarm administrator with the name, address and phone number of the owner and of the occupant (if different) of the premises wherein the alarm device is to be installed, within thirty (30) days of notification by the administrator: fifty dollars ($50.); within sixty (60) days of notification by the administrator: one hundred dollars ($100.).

(e) The amount of the penalties in this Section 2A-23 may be raised or lowered from time to time at the discretion of the Board of Estimate and Taxation without further approval of the Representative Town Meeting.

Charges for contractor registration, charges for false alarms, appeal fees and penalties for violations shall be collected by the administrator and placed in the general fund. (RTM, § 14, 4/14/1980; RTM, § 24, 12/13/1982.)

The Connecticut Legislature has determined that persons convicted or found guilty by reason of mental disease or defect [Connecticut General Statutes sec. 54-250(6), as amended] of certain criminal offenses against minors and sexually violent offenses, present a continuing danger to the health and safety of the public, sufficient to require that such persons register with the Connecticut Commissioner of Public Safety (“registry”). Several of registered individuals live in the Town of Greenwich. The Town of Greenwich’s parks, playgrounds, educational, recreational and sports facilities are provided and furnished for the use of children and families, and the Town of Greenwich has a compelling interest in protecting children from the threat of sexual abuse and predation.

a) Child Safety Zone: A public park, playground, beach, recreation and/or teen center, sports facility and field, school or educational facility, including land on which such facilities are located (including such facilities’ parking areas), which is used for educational, recreational, sports, youth activities or child-care purposes and which is owned or leased by any municipal agency including, without limitation, the Board of Education. “Child Safety Zone” does not include any public street or highway, nor does it included a sidewalk that is located outside the boundaries of a Child Safety Zone.

b) Sex Offender: Any person who has been convicted or found not guilty by reason of mental disease or defect, in this or any other state, jurisdiction or federal military court, of a “criminal offense against a victim who is a minor” or a “a nonviolent sexual offense,” a “sexually violent offense” or any felony that the court has found “was committed for a sexual purpose” as those terms are defined in Connecticut General Statues Sections 54-250, Subsections (2), (5), (11) and (12), and who is required to register with the registry as a result of criminal activity pursuant to any provision of the Connecticut General Statutes, as amended.

a) Any person whose name has been removed from the Connecticut Department of Public Safety’s Sex Offended Registry or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry.

b) Any person entering into a facility in a Child Safety Zone for the sole purpose of voting in any municipal, state or federal election or referendum, provided that the person leaves the facility immediately after voting.

c) This Ordinance shall not apply to the extent that the conduct which is prohibited is in conflict with the terms of a judicially imposed sentence, order or probation or condition of parole which has been imposed upon a specific individual who is a sex offender.

The Greenwich Chief of Police or his designee shall make reasonable efforts to provided prompt, actual written notice of the enactment of this Ordinance (which notice shall contain a copy of this Ordinance) to all persons who are listed on the Sex Offender Registry who reside in Greenwich, as well as to those persons who are thereafter added to the registry and reside in Greenwich, and registrants who move to Greenwich. Such notice requirement may be satisfied by the mailing of such notice by registered or certified mail, return receipt requested to the last known address of such person as listed on the Sex Offender Registry or as otherwise known to the Greenwich Chief of Police. The failure of any person to receive such actual written notice shall not be a defense to a violation of this Ordinance.

Each Child Safety Zone shall be identified as such be a sign conspicuously posted at the primary entrance of or within the Child Safety Zone. The sign shall provide a warning that the area is a Child Safety Zone and that the presence therein or thereon by a registered sex offender is a violation of this Ordinance and is punishable be a fine.

If a police officer reasonably believes that a child sex offender is in a Child Safety Zone in violation of this Ordinance, the officer shall require the suspected child sex offender to provide his name, address, and telephone number. If it is established that the individual is a sex offender, the office shall then issue a written warning that such person is in violation of this chapter and require the person to leave the Child Safety Zone. If the person refuses to leave or is later found to be in the same or any other Child Safety Zone, the officer may issue a citation, and penalties set for in ____ 6 of this Ordinance shall apply.

Any person in violation of this Ordinance shall be fined in the amount of one hundred dollars ($100.00) for each violation. Fines under this Ordinance shall abate in the event of the prohibited conduct results in a conviction for a new criminal offense under any applicable state or federal law or when the prohibited conduct is the basis for and results in the revocation of any condition of parole or probation.


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