[Code 1980 §28-1; CC 1990 §23-1]
This Chapter shall be known and may be cited as the "Tree Ordinance of the City of Florissant, Missouri".
[Code 1980 §28-2; CC 1990 §23-2; Ord. No. 5031, 6-12-1989]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
The Director of Public Works of the City or his/her duly appointed representative.
Any street upon which trucks are not prohibited.
The person owning such property as shown by the County Assessor's plat of the County.
The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter or right, for purposes of vehicular traffic.
That part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
All woody vegetation now or hereafter growing on any public area, except where otherwise indicated.
[Code 1980 §28-3; CC 1990 §23-3; Ord. No. 5031, 6-12-1989]
A.
Generally. The Director shall have the authority and jurisdiction of regulating the planting, maintenance, trimming and removal of trees and shrubs on streets and other publicly owned property to ensure safety or preserve the symmetry of such public places.
B.
Supervision. The Director shall have the authority and it shall be his/her duty to supervise or inspect all work done under a permit issued in accordance with the terms of this Chapter.
C.
Condition Of Permit. The Director shall have the authority to affix reasonable conditions to the grant of a permit in accordance with the terms of this Chapter.
D.
Master Street Tree Plan. The Director shall have the responsibility of administering a master street tree plan. The master street tree plan shall specify the species of tree to be planted on each of the streets or other public places of the City. From and after the effective date of the master street plan or any amendment thereof, all planting shall conform thereto.
1.
The Director shall consider all existing and future environmental factors when recommending a specific species for each of the streets or other public places of the City.
2.
The Director shall have the authority to amend or add to the master street tree plan at any time that circumstances make it advisable.
E.
Arboricultural Specifications And Standards Of Practice. The Director shall have the authority to promulgate arboricultural specifications and standards of practice governing the planting, preservation, trimming, removal, fertilization and bracing of trees and shrubs on the streets or other public places in the City.
1.
The Director shall promulgate such arboricultural specifications and standards of practice following approved principles supported by good judgment and on the basis of existing local conditions.
2.
The Director shall have the authority to modify, amend or extend the arboricultural specifications and standards of practice at any time that experience indicates improved methods or whenever circumstances make it advisable.
[Code 1980 §28-4; CC 1990 §23-4; Ord. No. 5031, 6-12-1989]
A.
Preserving Or Removing. No person shall treat, spray, fertilize, preserve, trim, remove, cut above or below ground or otherwise disturb any tree or shrub planted under the terms of this Chapter in any street or City-owned property without first procuring a permit from the Director. The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by the Director.
1.
Application data. The application required herein shall state the number and species of trees to be treated, sprayed, fertilized, preserved, trimmed, removed, cut or otherwise disturbed; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued.
2.
Standards of issuance. The Director shall issue the permit provided for herein if in his/her judgment the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain an expiration date. The permit shall be void if any of the terms or conditions are violated.
B.
Planting. No person shall plant or set out any tree or shrub in any street or public place of the City without first filing an application and procuring a permit from the Director. The person receiving the permit shall abide by the arboricultural specifications and standards of practice and the master street tree plan as adopted by the Director.
1.
Application data. The application required herein shall state the number of trees or shrubs to be set out; the location, grade and species of each tree or shrub; the method of planting; and such other information as the Director shall find reasonably necessary to a fair determination of whether a permit should be issued under this Chapter.
2.
Standards for issuance. The Director shall issue the permit provided for herein if in his/her judgment the proposed planting is desirable and the proposed method thereof is of a satisfactory nature. Any permit granted shall contain a definite expiration date and any permit shall be void if its terms are violated.
3.
Improper planting. Whenever any tree or shrub shall be planted or set out in conflict with the provisions of this Section, it shall be lawful for the Director to remove or cause removal of the same; and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
[Code 1980 §28-5; CC 1990 §23-5]
[Code 1980 §28-6; CC 1990 §23-6; Ord. No. 5031, 6-12-1989]
A.
The minimum clearance of any overhanging portion of trees or shrubs thereof shall be eight (8) feet over sidewalks and eleven (11) feet over all streets except principal thoroughfares which shall have a clearance of fifteen (15) feet.
B.
The City shall trim trees and shrubs located in any street, highway or street right-of-way. Trees and shrubs located on adjoining private property shall be trimmed by their private owners.
C.
Should any person owning real property bordering on any street fail to trim trees or shrubs other than those located within any street, highway or street right-of-way as herein provided, the Director shall order such person, within ten (10) days after receipt of written notice, to so trim such trees or shrubs.
[Code 1980 §25-1; CC 1990 §22-1; Ord. No. 4896 §1, 5-9-1988; Ord. No. 5494, 6-14-1993; Ord. No. 6699, 6-10-2002]
No bushes, shrubs or plantings exceeding a height of thirty-six (36) inches above the elevation of the roadway may be planted or maintained in the City of Florissant public right-of-way. Trees in this area must be trimmed so that the bottom branches are a minimum of eight (8) feet above the sidewalks and eleven (11) feet over all streets except principal thoroughfares which shall have a clearance of fifteen (15) feet in conjunction with Section 230.060(A).
[Code 1980 §28-7; CC 1990 §23-7; Ord. No. 5031, 6-12-1989]
Unless specifically authorized by the Director, no person shall intentionally damage, cut, carve, transplant or remove any tree or shrub; attach any rope, wire, nails or other contrivance to any tree or shrub; allow any gaseous, liquid or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub.
[1]
Cross Reference — Offenses against property generally, §§210.280 et seq.
[Code 1980 §28-8; CC 1990 §23-8]
No spurs or climbers which injure the bark of a tree shall be used as an aid to climbing such tree except when such tree is to be removed.
[Code 1980 §28-9; CC 1990 §23-9; Ord. No. 5031, 6-12-1989]
No person shall hinder, prevent, delay or interfere with the Director or any of his/her assistants while engaged in carrying out the execution or enforcement of this Chapter; however, nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.
[Code 1980 §28-10; CC 1990 §23-10; Ord. No. 5031, 6-12-1991]
A.
All trees, shrubs or plants on any street or other publicly owned property near any excavation or construction of any building or structure shall be guarded with a good substantial frame or box not less than four (4) feet square and six (6) feet high; and all building material, dirt or other debris shall be kept at least three (3) feet from such trees or shrubs.
B.
No person shall excavate any ditches, tunnels or trenches or lay any brick, concrete, asphalt or other surface composed in part of either within a radius of ten (10) feet from any public tree or shrub without first obtaining a permit from the Director.
[Code 1980 §28-11; CC 1990 §23-11; Ord. No. 5031, 6-12-1989]
No person shall deposit, place, store or maintain upon any public area of the City any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein, except by permit of the Director.