[R.O. 2014 §126.010; Ord. No. 1080 §1, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Trees, shrubs, bushes and all other woody vegetation in public
parks.
All trees within municipal boundaries but not owned by the
City.
All street and park trees and other trees owned by the City
as a total resource.
Trees, shrubs, bushes and all other woody vegetation on dedicated
City right-of-way on either side of all streets and avenues within
the City.
The representative of the Tree City Advisory Committee and
as such is responsible for administration of the community forestry
program. This member shall make reports to the Mayor or Board of Aldermen.
[R.O. 2014 §126.020; Ord. No. 1080 §2, 6-24-2004; Ord. No. 1520 §1, 3-22-2012; Ord. No. 1537 §1, 6-14-2012]
A.
It
is the purpose of this Chapter to promote and protect the public health,
safety and general welfare by providing for the regulation of planting,
maintenance and removal of trees, shrubs and other plants within the
City of Marshfield, Missouri. All funds collected by the Tree City
Advisory Committee will be utilized for the purpose of this Tree City
Advisory Committee. It is also to advise the City of the management
of the Marshfield community forest in a strong, healthy condition
for today and the future of Marshfield.
B.
Intent. It is the intent of the Board of Aldermen of the
City of Marshfield 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 public community
forest. The protection of community residents from personal injury
and property damage and the protection of the City of Marshfield from
property damage caused or threatened by the improper planting, maintenance
or removal of trees, shrubs or other plants located within the public
community forest.
[R.O. 2014 §126.030; Ord. No. 1080 §3, 6-24-2004; Ord. No. 1537 §1, 6-14-2012; Ord. No. 1703 §1, 5-26-2016]
There is hereby created and established a Tree City Advisory
Committee for the City of Marshfield, Missouri, which shall consist
of nine (9) members, who shall be appointed by the Mayor with the
approval of the Board of Aldermen along with a representative from
the Conservation Department as an ex officio member. Also, appointed
shall be a representative of the Board of Aldermen. The composition
of citizen membership of the Tree City Advisory Committee shall be
no less than seventy-five percent (75%) residents of the City.
[R.O. 2014 §126.040; Ord. No. 1080 §4, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The nine (9) members, City representative (ex-officio) and a
representative from the Conservation Department (ex-officio) shall
be appointed annually by the Mayor with approval of the Board of Aldermen.
In the event that a vacancy shall occur during the term of any member,
a successor shall be appointed to complete the remaining unfinished
term.
[R.O. 2014 §126.050; Ord. No. 1080 §5, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The Tree City Advisory Committee shall serve without compensation.
[R.O. 2014 §126.060; Ord. No. 1080 §6, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
A.
It
shall be the responsibility of the Tree City Advisory Committee to
study, investigate, counsel and develop and/or update annually and
administer written plans (annual and long-range) for the care, replacement,
maintenance and removal or disposition of the public community forest.
Such a plan will be presented annually to the Mayor and Board of Aldermen
and, upon their acceptance and approval, shall constitute the official
comprehensive City tree plan for the City of Marshfield, Missouri.
B.
The
Tree City Advisory Committee, when requested by the Board of Aldermen,
shall consider, investigate, make funding, report and recommend upon
any special matter or question relating to trees.
[R.O. 2014 §126.070; Ord. No. 1080 §7, 6-24-2004; Ord. No. 1149 §1, 6-23-2005; Ord. No. 1537 §1, 6-14-2012]
The Tree City Advisory Committee shall annually elect one (1)
Chairman, one (1) Vice Chairman, one (1) Secretary, one (1) Treasurer
and one (1) Education Chairman who shall serve for a term of one (1)
year. No Chairman or Vice Chairman shall serve for more than two (2)
consecutive years. The Committee shall keep a journal of its proceedings.
A majority of the members shall be a quorum for the transaction of
business. A copy of all minutes shall be submitted to the City Clerk
within a reasonable period of time.
[R.O. 2014 §126.080; Ord. No. 1080 §8, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The Tree City Advisory Committee shall create and maintain an
extensive list of recommended trees for planting in public areas for
the City of Marshfield, Missouri. The purpose of this listing will
be to maintain diversity in the total tree population. This list shall
be available to residents of the City upon request to aid in the selection
of trees for private and public properties. The list of recommended
trees shall be updated periodically by the Tree City Committee to
reflect new developments or species that will affect the population
of the public community forest. A current list shall be available
at Marshfield City Hall.
[R.O. 2014 §126.090; Ord. No. 1080 §9, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
A.
Street
trees may be planted in the tree lawn where there is no less than
nine (9) feet between the edge of the sidewalk and the curbs or curb
lines of the street. Street trees shall be planted no closer than
three (3) feet from a sidewalk, driveway or street.
B.
No
street tree shall be planted closer than thirty (30) feet from any
street corner measured from the point of the nearest intersection
of curbs or curb lines or within twenty (20) feet from a stop sign.
C.
No
street tree shall be planted closer than ten (10) feet from any fire
hydrant.
D.
Any
person planting a street tree shall take appropriate action to ensure
that such planting will not interfere with, damage or destroy underground
utilities and will not interfere with regular maintenance, repair,
etc., of underground and overhead utilities.
E.
Street
trees considered for planting within ten (10) feet of any point on
a line on the ground immediately below any overhead utility wire shall
be trees that reach a maturity height of less than twenty (20) feet
as specified in the recommended tree list.
[R.O. 2014 §126.100; Ord. No. 1080 §10, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
A.
The
City may plant, prune, maintain and remove trees, plants and shrubs
within the public community forest. All tree pruning and removal will
be done in accordance with the most current ANSI A300 Tree Shrub and
Other Woody Plant Maintenance — Standard Practices.
B.
The
City may remove or cause or order to be removed any portion of the
public community forest which is in an unsafe condition or which by
reason of its nature is injurious to electric power lines or other
public improvements or is seriously affected with any fatal disease
in accordance with the most current ANSI A300 Tree Shrub and Other
Woody Plant Maintenance — Standard Practices.
[R.O. 2014 §126.110; Ord. No. 1080 §11, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Any person who shall cut, deface, damage, drive nails or nail signs onto or in any manner damage or interfere with the grown in the public community forest shall be punished according to Section 126.170.
[R.O. 2014 §126.120; Ord. No. 1080 §12, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Unless otherwise justified by this Chapter, no person or persons
shall remove any tree from the public community forest without obtaining
permission from the City of Marshfield to replace such tree or trees
in the vicinity of the removed tree. The selection of trees shall
be determined by the Tree City Advisory Committee in accordance with
regulations considering the species, location, size and condition
of trees adopted by the Tree City Advisory Committee. In the event
the removed tree or trees cannot or are not replaced, the Tree City
Advisory Committee shall determine compensatory payment to be made
by the person or persons removing such tree or trees with appeals
to be made to the Board of Aldermen. Such compensatory payment shall
be paid to a fund established by the City and used solely for the
purpose of enhancing the community forest.
[R.O. 2014 §126.130; Ord. No. 1080 §13, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
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. "Topping, rounding off or pollarding" is defined as the systematic cutting back of limbs within the tree's
crown to such a degree as to remove the normal canopy and disfigure
the tree. 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.
[R.O. 2014 §126.140; Ord. No. 1080 §14, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Clearance over streets and walkways shall be the responsibility
of the abutting property owner. A clearance of eight (8) feet must
be maintained over walkways and a clearance of sixteen (16) feet must
be maintained over streets and alleys.
[R.O. 2014 §126.150; Ord. No. 1080 §15, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The City shall have the right to cause to be removed any public
tree within the City that is dead or has been declared hazardous. "Hazard trees" are defined as trees with severe structural
defects.
[R.O. 2014 §126.160; Ord. No. 1080 §16, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
It shall be unlawful for any person to prevent, delay or interfere
with the City of Marshfield or any of its representatives or agents
while engaging in and about the planting, cultivating, mulching, pruning,
spraying or removing of any trees within the public community forest.
[R.O. 2014 §126.170; Ord. No. 1080 §17, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Any person, firm or corporation violating any provision or fails
to comply with any notice issued pursuant to the provisions of this
Chapter shall, upon conviction, be punished by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment for a term not exceeding
ninety (90) days, or by both such fine and imprisonment.
[R.O. 2014 §126.180; Ord. No. 1537 §1, 6-14-2012]
The City Administrator 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.
