An ordinance to establish Warsaw as a “Tree City” was tabled Monday night as Warsaw Common Council members felt some of the enforcement issues needed further review.

Warsaw is hoping to gain Tree City status to take advantage of funding and grants available through the Arbor Day Foundation. Such funding would assist the city and its residents in proper planting and care of trees, conservation and education, and even in helping tend to safety issues involving vegetation and trees.

But during what was to be the final vote to approve the Tree City ordinance last night, the council had a long discussion on how it would affect trees on private property and how enforcement action could be taken. In the ordinance, a fine of $50 for a first violation and a maximum penalty of $250 for each additional violation is established. But the verbiage in the ordinance is unclear as to what constitutes a violation.

Ann Bonewitz attended the Monday night meeting and asked specifically what the fines would be for and where any monies collected from fines would go. “If I say I don’t want a certain type of tree is that a violation?” she asked.

The ordinance says, “It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any public tree(s).” That prompted Bonewitz to ask, “So let’s say I have a tree in the tree lawn (public area) that shades my living room but the Tree Board says it has to go. If I say I don’t want it cut down is that interfering and I’ll be fined?”

As written, the Tree City ordinance is not intended to serve as an enforcement action, but rather a means to tend to public safety and health issues, and a way to keep Warsaw beautified with healthy trees and vegetation. The Tree City Board is to be made up of both private citizens and horticultural specialists.

Much of the discussion about the ordinance centered on Section 59-15. It reads that the city has the right to “cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and/or property, or harbor insects of disease which constitutes a potential threat to other trees within the city.”

Andrea Nichols, who has worked diligently on the Tree City ordinance, said that section was primarily for “emergency situations” and property owners would be notified only once and “not harassed.” The council said an emergency situation  was not specifically noted, but they liked the verbiage regardless and agreed not to change it.

However, that brought attention back to the enforcement issue. City planner Jeremy Skinner said fines are probably not even necessary “because any violation of an ordinance would already go to a code hearing.”

Additionally, if fines – and even donations, funding or grant monies are collected – the city would have to establish a separate fund for Tree City business.

The council agreed to table the ordinance, allowing Skinner and city attorney Mike Valentine time to rework the enforcement concerns. The ordinance is slated to be voted on during the 7 p.m. Monday, Jan. 7, regular meeting.