[Ord. No. 280 §I, 8-11-1997]
This Chapter shall be known and may be cited as the "Kahoka Tree Regulations" of the City of Kahoka, Missouri.
[Ord. No. 280 §II, 8-11-1997]
Purpose. 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 Kahoka, Missouri.
Intent. It is the intent of the Board of Aldermen of the City of Kahoka 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; and
The protection of community residents from personal injury and property damage, and the protection of the City of Kahoka 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. 280 §V, 8-11-1997]
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines or all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove or cause or order to be removed, any injurious fungus, insect or other pest. This Section does not prohibit the planting of street trees by adjacent owners providing that this selection and location of said trees is in accordance with Sections 235.040 through 235.100 of this Chapter.
[Ord. No. 280 §VI, 8-11-1997]
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 is defined as 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. 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 Chapter at the determination of the City Tree Board.
The following list constitutes the official street tree species for the City of Kahoka, Missouri. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.
[Ord. No. 280 §VIII, 8-11-1997]
The following list constitutes the official street tree species for the City of Kahoka, Missouri. No species in this list may be planted as street trees without written permission of the City Tree Board.
[Ord. No. 280 §IX, 8-11-1997]
The spacing of street trees will be in accordance with the trees species size classes listed in Section 235.050 of this Chapter, and no trees may be planted closer together than the following:
[Ord. No. 280 §X, 8-11-1997]
No street tree shall be planted closer than thirty-five (35) feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten (10) feet of any fireplug.
[Ord. No. 280 §XI, 8-11-1997]
Every owner of any tree overhang any street or right-a-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 will be clear space of eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. 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 or interferes with visibility of any traffic control device or sign.
[Ord. No. 280 §XII, 8-11-1997]
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three (3) species size classes listed in Section 235.050 of this Chapter, and no trees may be planted closer to any curb or sidewalk than the following:
[Ord. No. 280 §XIII, 8-11-1997]
The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply the City will remove such tree and charge the owner for the cost of removal.
[Ord. No. 280 §XV, 8-11-1997]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the City without first applying for and procuring a license. The licensee shall first file evidence of possession of liability insurance in the minimum of five hundred thousand dollars ($500,000.00) for bodily injury and one million dollars ($1,000,000.00) property damage indemnifying the City or any person injured or damage resulting from the pursuit of such endeavors as herein described.
[Ord. No. 280 §XVI, 8-11-1997]
No street trees other than those species listed as small trees in Section 235.050 of this Chapter may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground waterline, sewer line, transmission line or other utility.
[Ord. No. 280 §XVII, 8-11-1997]
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or private grounds, as authorized in this Chapter.
[CC 1955 Ch. 15 §9]
Trees shall not be injured, cut down or otherwise disturbed except by order of the Tree Board. Roots of trees which are not removed, but which are contiguous to the line and grade of the walk or in any way interfere therewith, must be trimmed and cut away as the Tree Board may direct. Any tree removed must be grubbed for the entire width of the sidewalk, and all of its roots that rise above the level of the subgrade be removed.