[1]
Editor's Note — Ord. No. 467 which originally made
up this article was repealed by and replaced with Ord. No. 1278 on
January 27, 1986.
State Law Reference — As to authority of fourth class
cities to regulate planting of trees, etc., see RSMo., § 79.410.
As to regulation of sidewalks and parkways, see RSMo., § 88.870.
[Ord. No. 1278 § 1, 1-27-1986]
Are herein defined as trees, shrubs, bushes and all other
woody vegetation on property owned by the City of Centralia or on
property the City of Centralia has an easement for road, street or
alley purposes, if all or any part of the trunk of the Street Tree
or Park Tree is situated on said property owned by the City of Centralia
or is situated on said property over which the City of Centralia has
an easement for road, street or alley purposes.
Are herein defined as the severe cutting back of tree limbs
to stubs larger than three (3) inches in diameter within the tree's
crown to such a degree so as to remove the normal canopy and disfigure
the tree.
[Ord. No. 1278 § 2, 1-27-1986]
There is hereby created and established a "City Tree Board"
for the City of Centralia, Missouri, which shall consist of five (5)
members, all citizens and residents of this City of at least 18 years
of age, who shall be appointed by the Mayor and approved by the Board
of Aldermen.
[Ord. No. 1278 § 3, 1-27-1986]
The term of office for each City Tree Board member shall be
three (3) years, except that the terms of the first and second appointed
shall be for only one (1) year and the terms of the third and fourth
appointed shall be for only two years. In the event that a vacancy
shall occur during the term of any member, his successor shall be
appointed for the unexpired portion of the term.
[Ord. No. 1278 § 4, 1-27-1986]
Members of the City Tree Board shall serve without compensation,
but may be reimbursed for reasonable and necessary expenses.
[Ord. No. 1278 § 5, 1-27-1986]
It shall be the duty and responsibility of the City Tree Board
to study, investigate, counsel, develop and administer a written plan
for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in public parks, along public streets
and in other public areas owned by the City. The plan may include
a provision specifying the species of trees to be preserved, replaced
or planted in public parks, along public streets and in other public
areas owned by the City, and the areas and conditions under which
such trees should be planted. Such plan shall be annually updated
and presented to the Board of Aldermen, and upon acceptance and approval
by resolution of the Board of Aldermen, shall constitute the official
comprehensive City Tree Board Plan for the City of Centralia. The
City Tree Board shall give advice to the Board of Aldermen on an annual
reevaluation of experience under this Section, provide leadership
in the development of understanding of the objectives and methods
of the tree program, and assist the Mayor in the development and maintenance
of technical specifications and guidelines. The City Tree Board, when
requested to do so by the Board of Aldermen, shall consider, investigate,
make findings, report and recommend upon any special matter or question
coming within the scope of its work. In all matters the City Tree
board shall be subject to and act under the direction and control
of the Mayor and the Board of Aldermen.
[Ord. No. 1278 § 6, 1-27-1986]
The City Tree Board shall choose its own officers, make its
own rules and regulations, and keep a journal of its proceedings.
Three (3) of the five (5) members shall be a quorum for the transaction
of business. The vote of a majority of all members appointed to the
City Tree Board shall be required for approval of any matter.
[Ord. No. 1278 § 7, 1-27-1986; Ord. No. 1645 § 1, 10-21-1991]
There shall be kept at City Hall an official list prepared by
the City Tree Board of acceptable species of trees for planting as
street trees. No species other than those included on the official
list may be planted as street trees without prior written approval
of the City Tree Board or the Mayor.
[1]
Editor's Note — This section was originally derived
from § 7 of Ord. No. 1278 enacted on January 27, 1986, which
set forth a list of trees.
[Ord. No. 1278 § 8, 1-27-1986]
The spacing of Street Trees will be in accordance with the three (3) species size classes listed in Section 30-20 of this Article, and no trees may be planted closer together than the following: Small Trees, thirty (30) feet; Evergreen Trees, thirty (30) feet; and Large Trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect.
[Ord. No. 1278 § 9, 1-27-1986]
The distance Street Trees may be planted from curbs or curblines or sidewalks will be in accordance with the three species size classes listed in Section 30-20 of this Article, and no Street Trees may be planted closer to any curb or sidewalk than the following: Small Trees, two (2) feet; Evergreens, four (4) feet; and Large Trees, four (4) feet.
[Ord. No. 1278 § 10, 1-27-1986]
No Street Trees shall be planted closer than thirty-five (35)
feet from any street corner, measured from the point of nearest intersecting
curbs or curblines. No Street Trees shall be planted closer than ten
(10) feet from any fire hydrant.
[Ord. No. 1278 § 11, 1-27-1986]
No Street Trees other than those species listed as Small Trees in Section 30-20 of this Article may be planted under or within ten (10) lateral feet from any overhead utility wire, or over or within five (5) lateral feet from any underground water line, sewer line, transmission line or other utility.
[Ord. No. 1278 § 12, 1-27-1986]
It shall be unlawful for any person to excavate any opening, hole or pit in any street, parkway, sidewalk space or other public place in the City for the purpose of planting or setting a tree within such place, or to plant or set a tree on said property without first obtaining the written approval of the City Tree Board or the Mayor. The written approval of the City Tree Board or the Mayor shall state the species and kinds of trees to be planted or set and the location thereof, which shall be in accordance with Section 30-20 through Section 30-24 of this Chapter. No tree may be planted or set in the part of a City right-of-way easement used for public travel without the approval of the Board of Aldermen.
[Ord. No. 1278 § 13, 1-27-1986]
A.
Every owner or occupant of any land upon which grows any trees, plants,
shrubs, bushes or vegetation which overhang any sidewalk, street or
alley or which grow upon any said sidewalk, street or alley in such
a manner as to obstruct or impair the free and full use of the sidewalk,
street or alley shall keep said trees, plants, shrubs, bushes or vegetation
trimmed so as not to interfere with such use by the public. Further,
every said owner or occupant shall keep the branches of any said trees
trimmed so that they do not obstruct the light from any street lamp.
Further, every said owner shall keep said trees, plants, shrubs, bushes
or vegetation trimmed so as not to obstruct the view of any street
intersection. Every said owner further shall keep said trees trimmed
so that the lower limbs thereof are no closer than eight (8) feet
above the surface of any sidewalk and sixteen (16) feet above the
surface of any street and sixteen (16) feet above the surface of any
State or Federal highway.
B.
Whenever any tree, plant, shrub, bush or vegetation shall need trimming
so as to comply with this Section, the City Administrator shall cause
written notice to be served on the owner or occupant of the property,
or their designated agent, requiring said work to be completed within
twenty-one (21) days of the service of said notice. If said work is
not completed within twenty-one (21) days after service of said notice,
the owner or occupant of the property shall be in violation of this
Article.
[Ord. No. 1278 § 14, 1-27-1986]
A.
Every owner or occupant of any land upon which grows any trees, plants,
shrubs, bushes or vegetation shall cut, trim and remove any such trees,
plants, shrubs, bushes or vegetation, or any part thereof that are
dead, diseased, broken, decayed or insect-infested when said condition
results in their being a fire hazard or a menace or detriment to the
public health, safety or welfare.
B.
Whenever any tree, plant, shrub, bush or vegetation shall need cutting,
trimming and removal so as to comply with this Section, the City Administrator
shall cause written notice to be served on the owner or occupant of
the property, or their designated agent, requiring said work to be
completed within twenty-one (21) days of the service of said notice.
If said work is not completed within twenty-one (21) days after service
of said notice, the owner or occupant of the property shall be in
violation of this Section.
C.
In case the owner, occupant or agent shall fail to cut, trim and
remove such tree, plant, shrub, bush or vegetation within twenty-one
(21) days after service of said notice, the City Administrator is
empowered to cut, trim and remove the same, entering upon private
property if necessary, at the expense of the owner or occupant of
the property, which expense may be recovered by the City in any court
of competent jurisdiction.
[Ord. No. 1278 § 15, 1-27-1986]
It shall be unlawful for any person, firm, or City employee
to top any Street Tree, Park Tree, or other tree on public property
without written approval of the Mayor or the City Tree Board, except
as provided below. It further shall be unlawful for any City employee
or independent contractor for the City of Centralia to top any tree
growing on land over which the City of Centralia has a utility easement
without the written approval of the Mayor or the City Tree Board,
except as provided below. Trees severely damaged by storms or other
causes, trees growing near obstructions or trees growing on land over
which the City has a utility easement with above-ground utility lines
may be topped where other pruning practices are impractical or insufficient,
if the topping and the person doing the topping are approved by the
Mayor or the City Tree Board.
[Ord. No. 1278 § 16, 1-27-1986]
The City shall have the right to plant, prune, trim, maintain,
preserve, spray and remove Street Trees and other trees, plants, shrubs,
bushes or vegetation growing on public property. The City further
shall have the right to plant, prune, trim, maintain, preserve and
remove any trees, plants, shrubs, bushes or vegetation growing within
the lines of any streets, alleys, roads or other public property,
as may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of said public property. The City Tree Board,
subject to the approval of the Mayor or Board of Aldermen, may remove
or cause or order to be removed, any trees, plants, shrubs, bushes,
vegetation or any part thereof which are in an unsafe condition or
which, by reason of their nature, are injurious to sewers, electric
power lines, gas lines, water lines, sidewalks or other public improvements,
or which are substantially damaged by any injurious fungus, insect
or other pest.
[Ord. No. 1278 § 17, 1-27-1986]
It shall be unlawful for any person to deface, mutilate, injure
or damage any Street Tree or any tree, plant, shrub, bush or vegetation
growing on public property, including, but not limited to, by transplanting
or digging around tree roots; by cutting, carving or breaking of limbs
or bark of trees without prior approval from the City Tree Board or
the Mayor; and by picking or cutting of flowers, fruits or foliage
without prior approval from the City Tree Board or the Mayor.
[Ord. No. 1278 § 18, 1-27-1986]
All stumps of Street Trees and Park Trees shall be cut so that
the top of the stump shall not project above the surface of the ground.
[Ord. No. 1278 § 19, 1-27-1986]
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 Street Trees, Park Trees, or trees on public grounds,
as authorized in this Article.
[Ord. No. 1278 § 20, 1-27-1986; Ord. No. 1320 § 1, 7-21-1986; Ord.
No. 1571 § 4, 8-20-1990]
It shall be unlawful for any person or firm to engage in the
business or occupation of trimming, pruning, treating or removing
Street Trees or Park Trees within the City without first applying
for and procuring a permit from the City Clerk, provided however,
that no permit shall be required of any public service company or
City employee doing such work in the pursuit of his public service
endeavors. Before any permit shall be issued, each applicant shall
first file evidence of possession of liability insurance in the minimum
amount of three hundred thousand dollars ($300,000.00) for both bodily
injury and property damage, indemnifying the City or any person injured
or damaged resulting from pursuit of such endeavors as herein described.
There shall be no fee charged to obtain the permit.
[Ord. No. 1278 § 21, 1-27-1986]
The Board of Aldermen shall have the right to review the conduct,
acts and decisions of the City Tree Board. Any person who is or claims
to be aggrieved by a decision of the City Tree Board, may appeal from
any decision of the City Tree Board to the Board of Aldermen, who
may hear the matter de novo and make a final and binding decision
which shall not be subject to further review.
[Ord. No. 1278 § 22, 1-27-1986]
Nothing in this Article shall be deemed to impose any liability
upon the City or upon any of its officers or employees nor to relieve
the owner and occupant of any private property from the duty to keep
trees and shrubs upon private property or under his control in a safe
condition.
[Ord. No. 1278 § 23, 1-27-1986]
If an owner or occupant of non-public land has any trees, plants,
shrubs, bushes or vegetation with any part of the trunks or stems
situated on property that is owned by the City of Centralia or property
that the City of Centralia has an easement for road, street, or alley
purposes, then the provisions of this Article concerning the responsibilities
of said owners or occupants do not apply to such vegetation. The said
responsibilities of the owners and occupants only apply to trees,
plants, shrubs, bushes, or vegetation situated entirely on their non-public
property.
