City of Parkville, MO
Platte County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2179 §1, adopted February 15, 2005, repealed ch. 150 "city tree board and tree regulations" and enacted new provisions set out herein. Former ch. 150 derived from ord. no. 918 §§1 — 20, 12-4-1984; ord. no. 1440 §7, 6-7-1994; ord. no. 1586 §§1 — 3, 5-21-1996.

Section 150.010 Definitions.

[Ord. No. 2179 §1, 2-15-2005]
As used in this Chapter, the following terms shall have these prescribed meanings:
PARK TREES
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.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the City.
TREE TOPPING
Topping is defined as the severe cutting back of 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.

Section 150.020 Creation and Establishment of A Community Land and Recreation Board.

[Ord. No. 2179 §1, 2-15-2005]
There is hereby created and established a Community Land and Recreation Board for the City of Parkville which shall consist of nine (9) members, citizens and residents of this City, who shall be appointed by the Mayor with the approval of the Board of Aldermen.

Section 150.030 Term of Office For Members of The Community Land and Recreation Board.

[Ord. No. 2179 §1, 2-15-2005]
A. 
The term of the nine (9) persons to be appointed by the Mayor shall be three (3) years, except that the first (1st) Board shall have three (3) members serve three (3) years, two (2) members serve two (2) years and four (4) members serve one (1) year.
B. 
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. Expiration dates of membership terms shall be in the year set by appointment but on the date of the first (1st) Board of Aldermen meeting in May of that year. Members whose terms have expired may be reappointed but shall not serve unless they have been reappointed.

Section 150.040 Compensation.

[Ord. No. 2179 §1, 2-15-2005]
Members of the Community Land and Recreation Board shall serve without compensation.

Section 150.050 Duties and Responsibilities.

[Ord. No. 2179 §1, 2-15-2005]
A. 
It shall be the responsibility of the Community Land and Recreation Board to act in an advisory capacity for the Parks and Recreation Department to study, investigate, counsel, develop or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs along streets and in other public areas. Such plan will be presented annually to the Board of Aldermen and upon its acceptance and approval shall constitute the official Comprehensive City Tree Plan for the City of Parkville, State of Missouri. The Community Land and Recreation Board, when requested 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 and shall also serve to review citizen requests for tree service regarding public trees.
B. 
Further responsibilities of the Community Land and Recreation Board shall include advisory support to the Parks and Recreation Department and make recommendations to the Mayor and Board of Aldermen via the Director of Parks and Recreation. The Community Land and Recreation Board shall review matters of park planning or other issues brought before the Board.
C. 
The Parks and Recreation Department shall have direct implementation power over any recommendation and ultimately the Mayor and Board of Aldermen have final authority regarding any recommendations, whether to follow them or enact their own recommendations.
D. 
The Community Land and Recreation Board shall also make recommendations regarding public neighborhood beautification project requests.
E. 
The Community Land and Recreation Board shall also make recommendations to the Director of Parks and Recreation, or his designee, with regard to event approvals as required by the guidelines for events in Parkville pursuant to 140.345.
[Ord. No. 2789 §§24—25, 12-2-2014]

Section 150.060 Operation.

[Ord. No. 2179 §1, 2-15-2005]
The Community Land and Recreation 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.

Section 150.070 Street Tree Species To Be Planted.

[Ord. No. 2179 §1, 2-15-2005]
A list of desirable trees shall be developed and maintained by the Community Land and Recreation Board and kept as the official street tree species list for the City of Parkville. No species other than those included in this list may be planted as street trees without written permission of the Board of Aldermen.

Section 150.080 Spacing.

[Ord. No. 2179 §1, 2-15-2005]
A list of tree spacing shall be developed and maintained by the Community Land and Recreation Board and kept as the official tree spacing list for the City of Parkville. No species other than those included in this list may be planted as street trees without written permission of the Board of Aldermen.

Section 150.090 Distance From Curbs and Sidewalks.

[Ord. No. 2179 §1, 2-15-2005]
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) species size classes listed in Section 150.070 of this Chapter and no trees may be planted closer to any curb or sidewalk than the following: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet without written permission from the Community Land and Recreation Board.

Section 150.100 Distance From Street Corners and Fireplugs.

[Ord. No. 2179 §1, 2-15-2005]
No street tree shall be planted closer than thirty-five (35) feet to any street corner measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten (10) feet to any fireplug.

Section 150.110 Utilities.

[Ord. No. 2179 §1, 2-15-2005]
No street trees other than those species listed as small trees in Section 150.070 of this Chapter may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility without written permission from the Community Land and Recreation Board.

Section 150.120 Public Tree Care.

[Ord. No. 2179 §1, 2-15-2005]
A. 
Purpose. It is the purpose of this Chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the City of Parkville. It is also to promote a strong urban forest in a healthy condition for the City of Parkville because of the many benefits it provides.
B. 
Intent. It is the intent of the City of Parkville Board of Aldermen that the terms of this Chapter shall be construed so as to promote the planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the City. The intent is also the protection of community residents from personal injury and property damage and the protection of the City of Parkville from property damage caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants within the community.
C. 
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all 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.
D. 
The Community Land and Recreation Board 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 sewers, electric power lines, gas lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest. This Section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 150.070 and 150.110 of this Chapter.
E. 
All pruning of park and street trees shall be in accordance with the latest version of ANSI A300 Tree, Shrub and other Woody Plant Maintenance standard practices.

Section 150.130 Tree Topping.

[Ord. No. 2179 §1, 2-15-2005]
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. 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 Land and Recreation Board.

Section 150.140 Pruning — Corner Clearance.

[Ord. No. 2179 §1, 2-15-2005]
Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of fourteen (14) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.

Section 150.150 Dead or Diseased Tree Removal On Private Property.

[Ord. No. 2179 §1, 2-15-2005; Ord. No. 2895 § 1, 3-21-2017]
The City shall have the right to cause the removal of any dead or diseased trees on private property within the City when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City. The Community Land and Recreation Board authorizes that the Community Development Code Enforcement Officer (or the employee's fulfilling code enforcement duties) shall inspect the tree's with a certified arborist. Upon written statement from the certified arborist that any dead or diseased trees on private property within the City constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City, the Community Development Code Enforcement Officer (or the employee's fulfilling code enforcement duties) will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.

Section 150.160 Removal of Stumps.

[Ord. No. 2179 §1, 2-15-2005]
All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

Section 150.170 Interference With Community Land and Recreation Board and Enforcement of This Chapter.

[Ord. No. 2179 §1, 2-15-2005]
A. 
It shall be unlawful for any person to prevent, delay or interfere with the Community Land and Recreation Board or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees or trees on private grounds as authorized in this Chapter.
B. 
The Director of Parks and Recreation or his or her duly appointed designee serving as 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.

Section 150.180 Arborist's License and Bond.

[Ord. No. 2179 §1, 2-15-2005]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the City without first applying for and procuring a license. The license fee shall be forty dollars ($40.00) annually in advance; provided however, that no license shall be required of any public service company or City employee doing such work in the course of their employment. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of fifty thousand dollars ($50,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

Section 150.190 Review By Board of Aldermen.

[Ord. No. 2179 §1, 2-15-2005]
The Board of Aldermen shall have the right to review the conduct, acts and decisions of the Community Land and Recreation Board. Any person may appeal from any ruling or order of the Community Land and Recreation Board to the Board of Aldermen who may hear the matter and make final decision.

Section 150.200 Penalty.

[Ord. No. 2179 §1, 2-15-2005]
Any person violating any provision of this Chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed five hundred dollars ($500.00).