[R.O. 1996 § 240.010; CC 1968 § 14-231; Ord. No. 1414 § 2, 6-17-1985]
It shall be the intent of this Chapter,
through the maintenance, placement, planting, preservation and protection
of trees to: Aid in the stabilization of soil by the prevention of
erosion and sedimentation; reduce stormwater runoff and the cost associated
therewith; provide a buffer and screen against noise pollution; provide
protection against severe weather; provide shade, protect and increase
property values; protect the citizens of the City from the dangers
of harmful chemicals; conserve and enhance the City's physical and
aesthetic environment; and generally protect and enhance the quality
of life and the general welfare of the City and its residents.
[R.O. 1996 § 240.020; CC 1968 § 14-232; Ord. No. 1414 § 2, 6-17-1985]
For the purposes of this Chapter,
the following terms, phrases, words and their derivations shall have
the meanings given herein; when not inconsistent with the context,
words used in the present tense include the future and words in the
singular number include the plural number; the word "shall" is always
mandatory and not merely directory:
The City of Blue Springs, Missouri, and includes any department
or subdivision thereof.
Includes line, cable, conduit, or conductor.
Any public or private individual (other than owner/resident),
group, company, firm, corporation, partnership, association, society
or any other combination of human beings, whether legal or natural.
To alter, trim or cut a tree in accordance with generally
accepted conservation pruning techniques. In this Chapter, such practices
may include pruning certain branches beyond the six (6) foot easement
or further than six (6) feet from a line. In the case of "certain
trees" pruning may be performed in such a manner so as to obtain a
ten (10) foot horizontal clearance; and as it applies to "other trees"
a horizontal clearance of six (6) feet.
The actual removal or causing the effective removal through
damaging, or other direct or indirect actions resulting in the death
of trees.
A restricted use pesticide that requires a municipal, County,
State, and/or Federal license and/or permit to purchase and/or administer.
Any substance that is of a carbon base and is man-made.
Any self-supporting, woody plant together with its root system,
growing upon the earth usually with one (1) trunk of at least two
(2) inches in diameter at a height of four (4) feet above the ground,
or a multi-stemmed trunk system with a definitely formed crown.
Those which have rapid growth, weak branching habits, or
brittle wood together with those trees that due to form, damage or
disease are hazardous to the line or public safety, including, but
not limited to, Siberian (Chinese) elm — Ulmus pumila; silver
(soft) maple — Acer saccarinum; green ash — Fraxinus americana;
boxelder — Acer negundo; tree of heaven — Ailantus altissima;
cottonwood — Populus deltoides; Lombardy poplar — Populus
lombardy; black locust — Robinia pseudoaccia; willow —
Salix species.
Those trees not included in the meaning or intent of the
definition of "certain trees" above.
[R.O. 1996 § 240.030; CC 1968 § 14-233; Ord. No. 1414 § 2, 6-17-1985]
A.
Except
as otherwise provided herein, it shall be unlawful for any person
to remove, damage, alter, trim or cut any tree growing in or upon
any easement granted for the purpose of constructing, maintaining,
operating, protecting, repairing, replacing and/or removing any sanitary
sewer facility, storm sewer facility, telephone facility, close circuit
signal transmission facility, natural or manufactured gas facility,
electric light and power facility, or other public utility facility,
unless said person shall first obtain the express written permission
of the owner/resident of the property burdened by such utility easement
with the following exceptions:
1.
Certain Trees In Or Overhanging An
Easement.
a.
Any person having rights in a utility
easement may prune certain trees which are in or overhanging such
utility easement if the trunk or branches of such tree are within
six (6) feet of any line operated or maintained by such person.
b.
Such a tree, so identified, may be
cut to the ground if its trunk lies entirely within such utility easement.
c.
Other trees entirely within the utility
easement if maintained by the owner/resident so that no part comes
within six (6) feet of the line may not be pruned or cut to the ground
by any person without the written consent of the owner/resident.
2.
Other Trees Entirely In Or Partly
In An Easement; Phase-Out And Replacement.
a.
If an owner/resident is concerned
about lost shade or other benefits from other trees located entirely
within the easement then with the owner's written request any person
may allow such other trees with trunks located entirely within the
easement and with trunks or branches within six (6) feet of the line
to be removed in phases in such a way as to allow up to fifteen (15)
years from the date of such a request for replacement trees or shrubs
to become established.
b.
It will be the owner's/resident's
responsibility to obtain and plant such replacements.
c.
The replacements shall be selected
and/or placed so that in their natural mature form they will not interfere
with the line in the future.
d.
Certain trees shall not be planted
wholly or partially within the utility easement nor where they may
interfere with the line in the future.
e.
Any person will allow twelve (12)
months from the date of such request for such planting to be completed.
If such planting is not completed within that twelve (12) month period,
then any person may proceed with their normal pruning/removal practices
on that property.
f.
Existing fruit, ornamental or evergreen
trees within or overhanging the easement may be pruned so as to maintain
necessary line clearance, but may not be removed without the owner's/resident's
written consent.
g.
Any tree with a trunk outside of
or partially within the utility easement may be pruned so as to maintain
the necessary clearance from the line until the next pruning cycle
by any person having rights in said easement if the trunk or branches
of such trees are within six (6) feet of any line operated or maintained
by such person. Such tree, so identified, may be cut to the ground
only after written permission is first obtained from the owner/resident.
h.
Notice. Any person desiring to prune
any tree pursuant to this Section shall cause to be delivered to the
owner/resident of the property burdened by such utility easement,
a written notice stating the action to be taken, with said notice
to be delivered not more than eight (8) weeks nor less than two (2)
weeks prior to the action being taken.
3.
Permission of the property owner/resident
shall not apply to the removal, alteration, trimming, or cutting of
trees on public rights-of-way by or on behalf of a Federal, State,
County, municipal or other governmental agency pursuant to its lawful
activities or functions in the construction or improvement of public
rights-of-way.
4.
Where emergencies occur, involving, but not limited to, tornadoes, wind storms, floods, freezes, ice storms, or other natural disasters, causing interrupted service or emergencies in the form of a recently discovered hazardous condition; the requirements of this Chapter, except for the provisions contained in this Section 240.030, shall be deemed waived.
5.
Any person may trim or cut limbs
or remove trees which are in such unstable condition as to constitute
a hazard of falling upon the distribution facilities of the utility,
threatening interruption of service or the safety of the public.
[R.O. 1996 § 240.040; CC 1968 § 14-234; Ord. No. 1414 § 2, 6-17-1985]
A.
It shall be unlawful for any person to
use a dangerous substance within the City limits for purposes of controlling
the growth of tree foliage, trimming of branches, and/or removal of
stumps.
B.
It shall be unlawful for any person having
rights in a utility easement to use any substances of organic synthesis
for the purposes of controlling the growth of foliage, trimming of
branches, and/or removal of stumps.
[R.O. 1996 § 240.045; Ord. No. 3460 § 2, 2-18-2002]
The City shall have the right to
plant, prune, maintain and remove trees and/or other woody vegetation
within the right-of-way lines of all Blue Springs streets, avenues,
boulevards or parkways and on all public park grounds, or on areas
owned or maintained by the City. This provision shall preserve and
enhance the symmetry and beauty of such City-owned or maintained grounds.
[R.O. 1996 § 240.050; CC 1968 § 14-235; Ord. No. 1414 § 2, 6-17-1985]
This Chapter is intended to place
reasonable restrictions on the activities herein defined and as herein
set out, but does not constitute an excuse, permission, or justification
for the invasion of private rights whether or not such act is in compliance
with this Chapter.
[R.O. 1996 § 240.060; CC 1968 § 14-236; Ord. No. 1414 § 2, 6-17-1985]
Any person, corporation, or any officer,
agent or employee of such corporation or its contractor who, having
authority to do so, shall authorize, direct, permit or allow the performance
of any of the acts prohibited by this Chapter shall be deemed to be
in violation of this Chapter as a principal.
[R.O. 1996 § 240.070; CC 1968 § 14-237; Ord. No. 1414 § 2, 6-17-1985]
Nothing in this Chapter shall be
deemed to impose any liability upon the City or upon any of its officers
or employees, nor to relieve the owner and occupant of any private
property from the duty to keep trees and shrubs upon private property
or under their control in a safe condition.
[R.O. 1996 § 240.080; CC 1968 § 14-238; Ord. No. 1414 § 2, 6-17-1985]
Any person who shall violate, fail, neglect or refuse to comply with any provisions of this Chapter shall be subject, upon conviction, to the penalty or penalties provided in Section 100.080 of this Code.
