[Ord. No. 1034-2005 §2, 11-21-2005]
As used in this Chapter, the following words and terms shall
have the meanings ascribed thereto:
The City of Kearney, Missouri, and includes any department
or subdivision thereof.
Trees and other woody vegetation on public park grounds and
those on areas owned or maintained by the City.
To alter, trim or cut a tree in accordance with generally
accepted pruning techniques.
The actual removal or causing the effective removal through
damaging or other direct or indirect actions resulting in the death
of trees.
Trees and other woody vegetation on land lying between property
lines on either side of all streets within the City.
The Tree Board is the City of Kearney Park Board.
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. 1034-2005 §2, 11-21-2005]
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 Kearney, Missouri. It is also the purpose
to create and maintain Kearney's urban forest in a strong, healthy
condition for today and the future of Kearney, Missouri, because of
the many public benefits it provides.
[Ord. No. 1034-2005 §2, 11-21-2005]
It is the intent of the Kearney 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 Kearney from property damage caused or threatened
by the improper planting, maintenance or removal of trees, shrubs
or other plants located within the community.
[Ord. No. 1034-2005 §2, 11-21-2005]
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 Kearney streets and on 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.
[Ord. No. 1034-2005 §2, 11-21-2005]
The Tree Board will be charged with developing a policy for
the planting of trees in public rights-of-way around structures including
corners, fire hydrants, utilities and curbs. The Tree Board will develop
and maintain a list of desirable trees for planting along streets.
A list of tree species not suitable for planting as street trees will
also be created and maintained by the Tree Board. Should individuals
request an exemption from the specifications, the Tree Board or its
designee must approve it.
[Ord. No. 1034-2005 §2, 11-21-2005]
A.
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 eight (8)
feet above the surface of sidewalk. A clearance of twelve (12) feet
must be maintained over streets and alleys. Property owners are responsible
for trees on their own property.
B.
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, interferes with visibility of any traffic control
device or sign or poses a threat to public health, safety or general
welfare.
C.
All pruning
of City trees shall be done in accordance with the latest version
of ANSI A300 Tree, Shrub and Other Woody Plant Maintenance Standard
Practices.
[Ord. No. 1034-2005 §2, 11-21-2005]
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 obstruction where other
pruning practices are impractical may be exempted from this Section
at the determination of the City Administrator who will advise the
Tree Board or its designee of any such action.
[Ord. No. 1034-2005 §2, 11-21-2005]
The City may remove, cause or order to be removed any tree or
part thereof on public or private property which is in an unsafe condition
or which by reason of its nature is injurious to electric power lines,
other public improvements or is seriously affected with any fatal
pest or disease.
[Ord. No. 1034-2005 §2, 11-21-2005]
The Code Enforcement Officer shall have the duty to investigate
complaints or information received concerning potential violations
of this Chapter and determine whether enforcement is warranted under
the provisions of this Chapter and the policies established by the
Tree Board.
[Ord. No. 1034-2005 §2, 11-21-2005]
Any person violating any provision of this Chapter shall, upon conviction or a plea of guilty before the Kearney Municipal Court, be subject to the penalties set forth in the Kearney Municipal Code Section 100.220.
[Ord. No. 1034-2005 §2, 11-21-2005]
The appeal process shall be in accordance with Chapter 215 "Nuisances" of the Kearney City Code.
