[Ord. No. 1928 §1, 8-17-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The official (public employee) representative of the Tree
Board and as such is responsible for administration of the community
forestry program.
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 land
lying between the property lines on either side of all streets and
avenues within the City/Village.
[Ord. No. 1928 §2, 8-17-2010]
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 the
planting, maintenance and removal of trees, shrubs and other plants
within the City of Warrenton, Missouri. It is also to manage Warrenton's
community forest in a strong, healthy condition for today and the
future of Warrenton, Missouri.
B.
Intent. It is the intent of the Board of Aldermen of the
City of Warrenton that the terms of this Chapter shall be construed
so as to promote:
1.
The
planting, maintenance, restoration and survival of desirable trees,
shrubs and other plants within the City. The protection of community
residents from personal injury and property damage and the protection
of the City of Warrenton 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. 1928 §3, 8-17-2010]
The nine (9) members of the Park and Recreation Board of the City of Warrenton, as defined in Section 140.040 of the City Code, shall serve as the City Tree Board. The Director of Operations or his/her designee shall serve as the Community Forest Manager. The Community Forest Manager shall be an ex officio member of the City Tree Board.
[Ord. No. 1928 §4, 8-17-2010]
Members of the Tree Board shall serve without compensation.
[Ord. No. 1928 §5, 8-17-2010]
A.
It shall
be the responsibility of the Tree Board 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 trees and shrubs in parks, along streets and in
other public areas. Such a plan will be presented annually to the
Board of Aldermen and upon their acceptance and approval shall constitute
the official comprehensive City tree plan for the City of Warrenton,
Missouri.
B.
The Tree
Board, when requested by the Board of Aldermen, shall consider, investigate,
make finding, report and recommend upon any special matter or question
relating to trees.
[Ord. No. 1928 §6, 8-17-2010]
The Tree 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. 1928 §7, 8-17-2010]
The City of Warrenton, Missouri, shall maintain an extensive
list of trees not suitable for planting in public areas. 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
Community Forest Manager to reflect new developments or species that
will affect the population of the community forest.
[Ord. No. 1928 §8, 8-17-2010]
A.
Street
trees may be planted in the tree lawn where this is no less than six
(6) feet between the edge of the sidewalk and the curb 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 ten (10) feet from any street corner,
measured from the point of the nearest intersection of curbs or curb
lines.
C.
No street
tree shall be planted closer than ten (10) feet from any fireplug.
D.
Special
permission must be obtained from the Community Forest Manager when
planting street trees within ten (10) feet of any point on a line
on the ground immediately below any overhead utility wire.
[Ord. No. 1928 §9, 8-17-2010]
A.
The City
shall have the right to plant, prune, maintain and remove trees, plants
and shrubs within the rights-of-way or bounds of all streets, alleys,
lanes, squares and public grounds as may be necessary to insure public
safety. 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 tree or part thereof
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.
C.
The abutting
property owners shall have the right to perform normal tree care on
all street trees.
[Ord. No. 1928 §10, 8-17-2010]
No person shall plant a street tree without first obtaining
a permit from the Community Forest Manager. There will be no fee for
such permit.
[Ord. No. 1928 §11, 8-17-2010]
No person shall remove any public tree without replacing such
tree with a tree or trees of equivalent dollar in the vicinity of
the removed tree. The value of trees shall be determined by the Community
Forest Manager in accordance with regulations considering the species,
location, size and condition of trees adopted by the Tree Board. If
no suitable location exists in the vicinity of the tree removed or
if the replacement tree is of lesser value, the person causing the
tree to be removed shall make a compensatory payment to the City equal
to the difference in value between the tree removed and any replacement
tree. Such compensatory payment shall be paid into a fund established
by the Director of Finance and used solely for the purpose of enhancing
the community forest.
[Ord. No. 1928 §12, 8-17-2010]
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 at the determination of the Community
Forest Manager or Tree Board.
[Ord. No. 1928 §13, 8-17-2010]
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 twelve (12) feet must
be maintained over streets and alleys. Property owners are responsible
for trees on their own property as well as trees on the public right-of-way
that abuts their property.
[Ord. No. 1928 §14, 8-17-2010]
The City shall have the right to cause to be removed any tree
within the City that is dead or has been declared hazardous. "Hazard trees" are defined as trees with severe structural
defects or splits. The City will notify in writing the owners of such
trees. Removal is the responsibility of the owners of such trees and
shall be accomplished within the time limits set by the Community
Forest Manager.
[Ord. No. 1928 §15, 8-17-2010]
It shall be unlawful for any person to prevent, delay or interfere
with the Community Forest Manager, the Tree Board 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.
[Ord. No. 1928 §16, 8-17-2010]
The 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. 1928 §17, 8-17-2010]
It shall be unlawful for any person to prevent, delay or interfere
with access to private property by the City or its representative
in the legal performance of any Section of this Chapter.
[Ord. No. 1928 §18, 8-17-2010]
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 in the City or County
Jail for a term not exceeding ninety (90) days, or by both such fine
and imprisonment.
[Ord. No. 1928 §19, 8-17-2010]
Persons or firms engaged in the business or occupation of pruning,
treating or removing any street tree, park tree or other privately
owned tree should be recognized by the International Society of Arboriculture
as a certified arborist or certified tree worker. All persons or firms
must carry evidence of liability insurance and Workmen's Compensation.
No certification shall be required by any public employee doing such
work in the pursuit of their public service endeavors.
