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15, 2005, repealed ch. 150 "city tree board and tree regulations"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.
[Ord. No. 2179 §1, 2-15-2005]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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 between property lines on either side of all streets, avenues
or ways within the City.
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. 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.
[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.
[Ord. No. 2179 §1, 2-15-2005]
Members of the Community Land and Recreation Board shall serve
without compensation.
[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]
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. No. 2179 §1, 2-15-2005; Ord. No. 2895 § 1, 3-21-2017; Ord. No. 3168, 2-7-2023]
The City shall have the right to cause the removal of any dead
or diseased trees on City 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
property constitute a hazard to life and property or harbor insects
or disease which constitute a potential threat to other trees within
the City, the Director of Public Works shall have the authority to
remove such trees, with input from the Community Land and Recreation
Board as needed.
[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.
[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.
[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.
[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.
[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).
