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!. 'II-- )L.l~ o " ORDINANCE NO.~ VILLAGE OF NEW BRIGHTON COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE WITHIN THE VILIAGE OF NEW BRIGHTON SECTION 1.. The Village Council of the Village of New Brighton ordains%' I Section 2.. Declaration of Policy. The Village council of : the Village of New Brighton has determined that the health of the! elm trees within the municipal limits is threatnened bya fatal I disease known as Dutch elm disease.. It has furhter determined : that the loss of elm trees growing upon public and private proper~y would substantially depreciate the value of property within the I village and impair the safi:ty, good order, gneral welfare and ! convenience of the public. It is declared to be the intention of i the council to control and prevent the spread of this disease and I this ordinance is enacted for that purpose. I I , , ThEi Section 3. Forester. Subdivision 1. Position Created~ position of forester is hereby created within the Inspection Division of the village. I i ! Subd. 2. Duties of Forester. It is the duty of the foreste~ to coordinate all activities of the municipality relating to the i control and prevention of Dutch. elm disease.. He may from time toj time recommend to the manager and council the details of a prograIIJ. for the control of Dutch elm disease, and shall perform the dutie~ incident to such a ~rogram adopted by the council. i I Section 4.. Dutch Elm Disease profram. Subdivis'ion 1. Any I such program of plant pest con~rol sha 1 be pursuant to the auth-l ority granted by Minnesota Statutes 196.1, Section 18.022, and in J conformity with any applicable directives of the state commissiont+r of agriculture. This program is to be directed specifically at tile control and elimination of Dutch elm disease fungus and elm bark .: beetles and is to be undertaken at the recommendation of the comm4 issioner of agriculture. The village forester shall act as i coordinator between the commissioner of agriculture and the villaJe in the conduct of this program. i Section 5. Nuisances Declared. Subdivision 1. The following things are public nuisances whenever they may be found within the villageJ A. Any living or standing elm tree or part thereof infected! to any degree with the Dutch elm disease fungus aeratocystis ulmii (Buisman) Moreau or which harbors any of the elm bark beetles I Scolytus mul:t:istriatus (Eichh.) or Hylurgopinus rUfipes (Marsh). i I I I Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in Subdivision 1 to remain on any , premises owned or controlled by him whtin the viLlage.. Such I nuisances may be abated in the manner presecribed by this ordinan1e.. . Section 6. Ins ection and Investi ation. Subdivision 1. ! Annual Ins*ection. he forester s a1 nspect all premises and places wit in the village as often as practicable to determine whether any condition described in Section 5 exists thereon. B. Any dead elm tree or part thereof, including lo~s, branches, stumps, firewood or other elm material from whlch the bark has not been removed and burned.