[R.O. 2012 §240.010; Ord. No. 820 §1, 4-3-2006]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The official (public employee) representative of the Tree
Board and as such is responsible for administration of the community
forestry program.
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the City or to
which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying within right-of-way lines on either side of all City streets,
avenues or ways within the City.
The systematic cutting back of limbs within the tree's crown
to such a degree as to remove the normal canopy and disfigure the
tree.
[R.O. 2012 §240.020; Ord. No. 820 §2, 4-3-2006]
A.
There
is hereby created and established a Tree Board for the City of Ash
Grove, Missouri, which shall consist of three (3) members from the
community who shall be appointed by the Mayor with the approval of
the Board of Aldermen.
B.
The term
of the three (3) persons to be appointed by the Mayor shall be two
(2) years, except that the term of one (1) member of the first (1st)
Tree Board shall be for one (1) year. In the event that a vacancy
shall occur during the term of any member, a successor shall be appointed
by the Mayor with the approval of the Board of Aldermen. The appointment
shall be for the remainder of the term of the member who is being
replaced.
[R.O. 2012 §240.030; Ord. No. 820 §3, 4-3-2006]
It shall be the responsibility of the City Tree Board to study,
investigate, counsel and develop and/or update annually and administer
written plans (annual and long-range) for the care, replacement, maintenance
and removal or disposition of trees and shrubs in parks, along streets
and in other public areas. Such plans will be presented annually to
the Board of Aldermen and upon their acceptance and approval shall
constitute the official comprehensive City tree plan for the City
of Ash Grove. The Tree Board, when requested by the Board of Aldermen,
shall consider, investigate, make findings, report and recommend upon
any special matter of question coming within the scope of its work.
[R.O. 2012 §240.040; Ord. No. 820 §4, 4-3-2006]
The Tree Board shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings A majority of
the members shall be a quorum for the transaction of business. Members
shall serve without compensation.
[R.O. 2012 §240.050; Ord. No. 820 §5, 4-3-2006]
The Tree Board shall create and maintain an extensive list of
recommended trees for planting in public areas for the City of Ash
Grove, Missouri. The purpose of this listing will be to maintain diversity
in the total tree population. This list shall be available to residents
of the City upon request to aid in the selection of trees for private
and public properties. The list of recommended trees shall be updated
periodically by the Community Forest Manager and the Tree Board to
reflect new developments or species that will affect the population
of the community forest.
[R.O. 2012 §240.060; Ord. No. 820 §6, 4-3-2006]
A.
Street
trees may be planted in the tree lawn where this is no less than six
(6) feet between the edge of the sidewalk and the curb of the street.
Street trees shall be planted no closer than three (3) feet from a
sidewalk, driveway or street.
B.
No street
tree shall be planted closer than ten (10) feet from any street corner,
measured from the point of the nearest intersection of curbs or curb
lines.
C.
No street
tree shall be planted closer than ten (10) feet from any fireplug.
D.
The only
street trees that may be planted under or within ten (10) lateral
feet of any overhead utility shall be trees that reach a mature height
of less than thirty (30) feet.
[R.O. 2012 §240.070; Ord. No. 820 §7, 4-3-2006]
The City shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within the right-of-way line of all
City streets, alleys, avenues, lanes, squares and public grounds as
may be necessary to ensure public safety or to preserve or enhance
the symmetry and beauty of such public grounds. The City may remove
or cause or order to be removed any tree or part thereof which is
in an unsafe condition or which by reason of its nature is injurious
to any utility lines or other public improvements or is seriously
affected with any fatal disease. All tree pruning and removal will
be done in accordance with the most current ANSI A300 Tree Shrub and
Other Woody Plant Maintenance — Standard Practices.
[R.O. 2012 §240.080; Ord. No. 820 §8, 4-3-2006]
It shall be unlawful as a normal practice for any person, firm
or City department to top any street tree, park tree or other tree
on public property.
[R.O. 2012 §240.090; Ord. No. 820 §9, 4-3-2006]
Clearance over streets and walkways shall be the responsibility
of the abutting property owner. A clearance of eight (8) feet must
be maintained over walkways and a clearance of twelve (12) feet must
be maintained over streets and alleys.
[R.O. 2012 §240.100; Ord. No. 820 §10, 4-3-2006]
The City shall have the right to cause to be removed any public
tree within the City that is dead or has been declared hazardous. "Hazard trees" are defined as trees with severe structural
defects or splits.
[R.O. 2012 §240.110; Ord. No. 820 §11, 4-3-2006]
It shall be unlawful for any person to prevent, delay or interfere
with the Community Forest Manager, the Tree Board or any of its representatives
or agents while engaging in and about the planting, cultivating, mulching,
pruning, spraying or removing of any trees within the public community
forest.
[R.O. 2012 §240.120; Ord. No. 820 §12, 4-3-2006]
The Community Forest Manager is hereby charged with the responsibility
for the enforcement of this Chapter and may serve notice to any person,
firm or corporation in violation thereof or institute legal proceedings
as may be required and the City Attorney is hereby authorized to institute
appropriate proceedings to that end.
[R.O. 2012 §240.130; Ord. No. 823 §1, 5-1-2006]
Any person who shall cut, deface, damage, drive nails or in any manner damage or interfere with the growth of any tree or shrub in or on any street, alley, public place or park in the City of Ash Grove shall be punished according to Section 240.140 of this Chapter.
[R.O. 2012 §240.140; Ord. No. 820 §13, 4-3-2006]
Any person, firm or corporation violating any provision or failing
to comply with any notice issued pursuant to the provisions of this
Chapter shall, upon conviction, be punished by a fine not to exceed
five hundred dollars ($500.00).
