[Ord. No. 856 §1, 4-17-2000]
For the purpose of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
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.
All trees within municipal boundaries but not owned by the
City.
All street and park trees and other trees owned by the City
as a total resource.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines on either side of all streets and
avenues within the City.
The area between the sidewalk and curbs.
[Ord. No. 856 §2, 4-17-2000]
There is hereby created and established a City Tree Board for
the City of Caruthersville, Missouri, which shall consist of five
(5) members, citizens and residents of this City who shall be appointed
by the Mayor with the approval of the City Council. The Community
Forest Manager shall be an ex-officio member of the City Tree Board.
[Ord. No. 856 §3, 4-17-2000]
The term of the five (5) persons to be appointed by the Mayor
shall be three (3) years except that the term of two (2) of the members
appointed to the first (1st) board shall be for only one (1) year
and the term of two (2) members of the first (1st) shall be for two
(2) years. In the event that a vacancy shall occur during the term
of any member a successor shall be appointed for a new three (3) year
term.
[Ord. No. 856 §4, 4-17-2000]
Members of the Tree Board shall serve without compensation.
[Ord. No. 856 §5, 4-17-2000]
A.
It
shall be the responsibility of the Tree Board to study, investigate,
council 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 plan will be presented annually to
the City Council and, upon their acceptance and approval, shall constitute
the official City tree plan for the City of Caruthersville, Missouri.
B.
The
Tree Board, when requested by the City Council, shall consider, investigate,
make finding, report and recommend upon any special matter or question
relating to trees.
[Ord. No. 856 §6, 4-17-2000]
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.
[Ord. No. 856 §7, 4-17-2000]
The City of Caruthersville, Missouri, shall maintain an extensive
list of recommended trees for planting in public areas. 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 to reflect
new development or species that will affect the population of the
community forest.
[Ord. No. 856 §8, 4-17-2000]
A.
Street
trees may not be planted in the tree lawn where there is no more than
ten (10) feet between the edge of the sidewalk and the curb of the
street. Street trees shall be planted no closer than six (6) feet
from a sidewalk. Street trees shall be planted no closer than ten
(10) feet from a driveway or street.
B.
No
street tree shall be planted closer than thirty-five (35) 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.
[Ord. No. 856 §9, 4-17-2000]
A.
The
City shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the right-of-way or bounds of all streets,
alleys, lanes, squares and public grounds, as may be necessary to
insure the public safety.
B.
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 electric power lines or other public improvements,
or is seriously affected with any fatal disease.
C.
The
abutting property owners shall have the right to perform normal tree
care on all street trees.
[Ord. No. 856 §10, 4-17-2000]
No person shall plant a street tree or park tree without first
obtaining a permit from the Community Forest Manager. There will be
no fee for such permit.
[Ord. No. 856 §11, 4-17-2000]
No person shall remove any public tree without replacing such
tree with a tree or trees of equivalent dollar value in the vicinity
of the removed tree. The value of trees shall be determined by the
Community Forest Manager in accordance with regulations considering
the species, location, size and condition of trees adopted by the
Tree Board. If no suitable location exists in the vicinity of the
tree removed or if the replacement tree is of lesser value, the person
causing the tree to be removed shall make a compensatory payment to
the City equal to the difference in value between the tree removed
and any replacement tree. Such compensatory payment shall be paid
into a fund established by the Director of Finance and used solely
for the purpose of enhancing the community forest.
[Ord. No. 856 §12, 4-17-2000]
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. Topping, rounding off or pollarding is defined
as 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.
Trees severely damaged by storms or other causes, or certain trees
under utility wires or other obstructions where other pruning practices
are impractical may be exempted from this Section at the determination
of the Community Forest Manager or Tree Board.
[Ord. No. 856 §13, 4-17-2000]
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. Property owners are responsible
for trees on their own property as well as trees on the public right-of-way
that abut their property.
[Ord. No. 856 §14, 4-17-2000]
The City shall have the right to cause to be removed any tree
within the City that is dead or has been declared a hazard. Hazard
trees are defined as trees with severe structural defects or splits.
The City will notify in writing the owners of such trees. Removal
is the responsibility of the owners of such trees and shall be accomplished
within the time limits set by the Community Forest Manager.
[Ord. No. 856 §15, 4-17-2000]
It shall be unlawful for any person to prevent, delay or interfere
with 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.
[Ord. No. 856 §16, 4-17-2000]
It shall be unlawful for any person to prevent, delay or interfere
with access to private property by the City or its representative
in the legal performance of any Section of this Article.
[Ord. No. 856 §17, 4-17-2000]
Persons or firms engaged in the business or occupation of pruning,
treating or removing any street tree, park tree or other privately-owned
tree shall have a City license as required by the Code of Ordinances
of the City of Caruthersville, Missouri.
