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3. White Bear TownshipORDINANCE NO. 49 AN ORDINANCE RELATING TO AND REGULATING AND CONTROLLING THE FELLING, CUTTING, TRIMMING AND REMOVAL OF TREES FOR HIRE IN THE TOWN OF WHITE BEAR, RAMSEY COUNTY, MINNESOTA; PROVIDING FOR LICENSING; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF THE TOWN BOARD OF SUPERVISORS THE TOWN OF WHITE BEAR ORDAINS; SECTION 1. LICENSING OF TREE REMOVAL CONTRACTORS. 1.1. LICENSE REQUIRED. No person shall fell, cut, trim or remove any tree for hire within the Town, the branches of which are two or more inches thick at the point of severance, without a license. 1-2. APPLICATION FOR LICENSE. Applications for such license shall be filed with the Town Clerk. The application shall contain the name and address of the applicant, whether the applicant is an individual, partnership or corporation; the make, style and number of trucks or other vehicles to be used by the applicant in the business of tree trimming or hauling. The license fee required by this chapter shall accompany the application and a receipt therefore shall be attached to the application. In addition, a policy of insurance required by this chapter shall be attached to said application, 1-3. LICENSE FEE. The license fee shall be as established from time to time by Town Board Resolution. 1-4. INSURANCE REQUIRED. Each licensee shall file with the Town Clerk a certificate of insurance for a policy issued by an insurance company authorized to do business in the State of Minnesota. Said policy shall insure the licensee against liability imposed by law on account of bodily injury or death of any person or persons not covered by Worker's Compensation Law, and against liability imposed by law on account of damage to or destruction of property, in connection with the felling, cutting, trimming or hauling of trees for hire in amounts to be established by Resolution of the Town Board. Each licensee shall also file with the Town Clerk a certificate of Worker's Compensation Insurance as provided by State Law, or a statement on the certificate of insurance that the firm has no employees. These policies shall be endorsed to provide that it may not be cancelled by the carrier except upon a 1 0 -day written notice to the Town Clerk. In the event such insurance is so cancelled, and the licensee shall fail to replace the insurance with a substitute policy, the license shall be automatically suspended until proof of such insurance shall be provided to the Town Clerk. 1-5. GRANTING OF LICENSE. Upon the completion and filing of said application, payment of said licensee fee and providing proof of insurance as required by this Chapter, the Town Clerk shall grant the license. The Town Clerk shall keep a register of each license so issued, the number of licenses issued, the name of the person or firm to whom said license is issued and the date of issuance and date of expiration. 1-6. LICENSE EXPIRATION. Each license shall expire one year from the date of issuance„ 1.7. HOMEOWNERS EXEMPT. Felling, cutting, trimming or hauling of trees by Town residents or their family members on property owned by them shall be exempt from the licensing requirements of this Ordinance. 1-8. SUPERVISION. All felling, cutting, trimming, and hauling of trees shall be subject to the supervision, direction and control of the Director of Public Works or his agents. 1-9. TOWN EMPLOYEES EXEMPT. Felling, cutting or trimming of trees by Town Employees for the benefit of the Town is expressly exempted from the provision of this Ordinance,. SECTION 2. PENALTIES. Every person convicted of a violation of the provision of this Ordinance shall be punished by a fine of not more than $100.00. SECTION 3. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the Town Board of Supervisors of the Town of White Bear, Ramsey County, Minnesota, this 28th day of April, 1980. ATTEST: LORI LAFOSSE, Town Clerk APPROVED. JEROME L. PERRON, Chairman i► Board of Supervisors: JEROME L. PERRON, Chairman RICHARD A. SAND, Supervisor GEORGE A. JUNGKUNZ, Supervisor Published in the White Bear Press on May 15, 1980. Historical Notes 9981 Section 1-4 passed December 14, 9981, and effective December 22, 1981 by Sand (Chair), Jungkunz and Weisenburger; Webber (Clerk -Treasurer).. 1980 Ordinance, Title and Section 1, 2, 3, and 4 passed April 28, 1980, and effective May 15, 1980 by Perron (Chair), Sand and Jungkunz; LaFosse (Clerk -Treasurer). 3