2 February 2017
DCF Form_0006
DIVISION OF COMMUNITY FORESTRY
METRO HALL 527 WEST JEFFERSON STREET, SUITE 606 LOUISVILLE, KENTUCKY 40202
written agreements or understandings between the parties that are not embodied in this Agreement. This
Agreement cannot be amended, modified, or supplemented in any respect except by a subsequent written
agreement duly executed by all of the parties hereto.
4. Successors: This agreement shall be binding upon and insure to the benefit of the parties hereto and their
respective heirs, successors and assigns.
5. Severability: If any court of competent jurisdiction holds any provision of this Agreement unenforceable, such
provision shall be modified to the extent required to make it enforceable, consistent with the spirit and intent of this
Agreement. If such a provision cannot be so modified, the provision shall be deemed separable from the remaining
provisions of this agreement and shall not affect any other provision hereunder.
6. Warranties: DCF makes no warranties, express or implied, including, without limitation, any implied warranty of
merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course
of dealing, or usage of trade.
X____________________________ Date ______________ X____________________________ Date ______________
Property Owner Signature DCF Staff Signature
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Print Property Owner Name Print DCF Staff Name
X______________________________ Date ____________
Organization Representative Signature
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Print Organization Representative Name
Louisville Metro Ordinances pertaining to Right of Way Trees:
§ 96.02 REMOVAL OF OR DAMAGE TO TREES.
(A) It shall be unlawful for any person to trim, cut, damage, or remove any tree within the public right-of-way of any street of Louisville Metro, without having
secured a permit to do so. Permits for trees located on public rights-of-way other than designated historic parkways of Louisville Metro shall be obtained from the
Louisville Metro Department of Public Works.
(B) It shall be unlawful for any person to trim, cut, damage, or remove any tree within the right-of-way of any designated historic parkway, which is under the
jurisdiction of Louisville Metro Parks. These include Algonquin, Cherokee, Douglass-Millvale, Eastern, Northwestern, Southern, and Southwestern. Any and all work
on trees located within the right-of-way of a designated historic parkway must be performed by Louisville Metro Parks, or agent thereof.
(C) Subsection (A) of this section shall not apply to Louisville Metro Government and its authorized agents, or to suburban fire districts which are acting to alleviate
a public safety hazard.
(1999 Lou. Code, § 93.11) (Lou. Ord. No. 382-1988, approved 12-30-1988; Lou. Metro Am. Ord. No. 50-2006, approved 3-28-2006) Penalty, see § 96.99
§ 96.03 REMOVAL OF DEAD TREES.
Whenever the Louisville Metro Department of Public Works shall condemn any dead or decaying tree on the sidewalks or thoroughfares of the Metro Government,
and notice is served by the Department on the owner of the lot or property abutting the street or sidewalk where the condemned tree is located, the owner shall
within ten days after notice, respond to the citing agency, and within 30 days of notice, at owner's sole cost, remove the condemned tree from the street or sidewalk
in such manner as will least impede the public travel, and shall put the surface of the streets or sidewalks in an even and uniform shape after removal, following
Metro Government construction standards.
(1999 Lou. Code, § 93.10) (Lou. Ord. No. 382-1988, approved 12-30-1988; Lou. Metro Am. Ord. No. 50-2006, approved 3-28-2006) Penalty, see § 96.99
§ 96.99 PENALTY.
(B) Any party that violates any of the provisions of § 96.02 by trimming, cutting, or damaging a tree shall be fined not less than $50 nor more than $250 for each
offense; violations by removing a tree shall subject the party to a fine of not less than $250 nor more than $500. Each day's continued violation shall constitute a
separate offense.
§ 97.051 MAINTENANCE OF OBSTRUCTION.
Within this described area, except as provided in § 97.052, it shall be unlawful to install, set out, maintain, or allow the installation, setting out, or maintenance of
any sign, hedge, shrubbery, tree, natural growth, or other obstruction of any kind which obstructs cross-visibility at a level between 24 inches and 72 inches above the
level of the center of the adjacent intersection.
(1999 Lou. Code, § 93.21) (Lou. Ord. No. 102-1968, approved 4-24-1968; Lou. Metro Am. Ord. No. 195-2005, approved 11-16-2005) Penalty, see § 97.999
§ 97.076 OBSTRUCTIONS REGULATED.
(B) Permit requirements. (1) No party shall place, construct, or maintain within the right-of-way of any public way of Metro Government any permanent or
immovable object, street furniture, structure, sidewalk, entrance way, driveway, or other installation, except as otherwise permitted by resolution or ordinance of the
Metro Government. (2) Before placing an object, structure, street furniture, or other installation pursuant to subsection (B)(1) above, a written permit shall be
obtained from the Director of the Louisville Metro Department Public Works.
