January 28, 1998

To: East York Community Council

From: Don Boyle, Acting Commissioner of Parks, Recreation and Operations

Subject: Appeal from Homeowner of 67 Ferris Road to Hang Tire Swing in City Tree, East York

Purpose:

To give consideration to the homeowner's appeal to hang a tire swing from a City tree at 67 Ferris Road, East York.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that the East York Community Council deny the appeal by Ms. Beverley Neal, 67 Ferris Road to hang any type of swing from the tree on the road allowance at 67 Ferris Road, East York to avoid potential liability issues and possible damage to the tree.

Council Reference/Background/History:

None.

Comments and/or Discussion and/or Justification:

In October 1997, the Parks Division received several complaints about a tire swing hanging from a municipal tree in front of the subject property. Forestry staff investigated the complaint and issued a verbal directive to the homeowner who was requested to remove the swing by the following morning. The homeowner complied with the request.

The directive was given in the interest of avoiding potential liability issues and possible damage to the tree, and is consistent with the approach in the Toronto Region. The action was taken under authority of Section 2(2)(c) of Street Tree By-law No. 118-97, which permits the Commissioner of Parks, Recreation and Operations to remove without notice or compensation to any person, anything which in his or her opinion adversely affects a tree.

The homeowner subsequently submitted a letter to the Mayor of East York protesting the removal order and requesting permission to re-install the swing. This report has been prepared in response to that letter.

The presence of a swing in a municipal tree poses a potential liability concern to the City. It could result in a claim relating to personal injury or property damage resulting from use of the swing. Furthermore, the rope used to hang the swing could abrade the tree bark and increase the risk of infection by harmful diseases and strangle (girdle) and eventually kill the branch to which it is attached. No suitable material exists which would provide effective long term protection against bark or branch damage while offering sufficient strength to support a swing plus person.

Conclusions:

The presence of a swing on a municipal tree poses potential liabilities to the City and potential damage to the tree. For these reasons, it is reasonable to prohibit attachment of anything to a tree which can result in personal injury or municipal or private property damage.

Contact Name:

Don Boyle

Acting Commissioner of Parks, Recreation and Operations

Phone: (416) 778-2180 Fax: (416) 466-4170

E-mail: dboyle@borough.eastyork.on.ca

Don Boyle

Acting Commissioner of Parks, Recreation and Operations

JR:jr