Editor's Note — Ord. no. 3211, adopted December 5, 2023 repealed Ch. 150, Community Land and Recreation Board," containing Sections 150.010 through 150.200, and enacted new provisions set out herein. Former Ch. 150, derived from Ord. No. 2179; Ord. No. 2789; Ord. No. 2895; and Ord. No. 3168. Previously, Ord. no. 2179 §1, adopted February 15, 2005, repealed ch. 150 "city tree board and tree regulations." Former ch. 150 derived from ord. no. 918; ord. no. 1440; and ord. no. 1586.
[Ord. No. 3211, 12-5-2023]
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.
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.
[Ord. No. 3211, 12-5-2023]
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/her 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.
[Ord. No. 3211, 12-5-2023]
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 policies annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs on park land owned by the City. 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 park trees.
B. 
Further responsibilities of the Community Land and Recreation Board shall include advisory support to the Parks and Recreation Department and making 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/her designee, with regard to event approvals as required by the guidelines for events in Parkville pursuant to Section 140.345.
[Ord. No. 3211, 12-5-2023]
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.
[Ord. No. 3211, 12-5-2023]
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 park trees, shrubs and other plants on public park land 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 park trees, shrubs and other plants on public park land 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 park trees, shrubs or other plants within the community.
C. 
The City shall have the right to plant, prune, maintain and remove park trees, plants and shrubs on public park grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public park grounds.
D. 
The Director of Parks and Recreation may remove or cause or order to be removed any park 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.
E. 
All pruning of park trees shall be in accordance with the latest version of ANSI A300 Tree, Shrub and other Woody Plant Maintenance standard practices.
F. 
A list of desirable park trees shall be developed and maintained by the Community Land and Recreation Board and shall be used as a guide by the Director of Parks and Recreation when planting park trees.
[Ord. No. 3211, 12-5-2023]
It shall be unlawful as a normal practice for any person, firm or City department to top any park tree or other tree on public park land. Park 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 Director of Parks and Recreation.
[Ord. No. 3211, 12-5-2023]
A. 
The City shall have the right to cause the removal of any dead or diseased trees on City-owned property 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. Upon written statement from the certified arborist that any dead or diseased trees on City-owned property constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City:
1. 
The Director of Parks and Recreation shall have the authority to remove any such park trees as needed; and
2. 
The Director of Public Works shall have the authority to remove any such trees on City-owned property besides park land as needed. This includes areas lying between property lines on either side of all streets, avenues or ways within the City — typically within public rights-of-way.
[Ord. No. 3211, 12-5-2023]
All stumps of park 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.
[Ord. No. 3211, 12-5-2023]
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 park trees 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.
[Ord. No. 3211, 12-5-2023]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing 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.
[Ord. No. 3211, 12-5-2023]
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.
[Ord. No. 3211, 12-5-2023]
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).