[Ord. No. 856 §1, 4-17-2000]
For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
COMMUNITY FOREST MANAGER
The official (public employee) representative of the Tree Board and as such is responsible for administration of the community forestry program.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks.
PRIVATE COMMUNITY FOREST
All trees within municipal boundaries but not owned by the City.
PUBLIC COMMUNITY FOREST
All street and park trees and other trees owned by the City as a total resource.
STREET TREES
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.
TREE LAWN
The area between the sidewalk and curbs.
[Ord. No. 856 §2, 4-17-2000]
There is hereby created and established a City Tree Board for the City of Caruthersville, Missouri, which shall consist of five (5) members, citizens and residents of this City who shall be appointed by the Mayor with the approval of the City Council. The Community Forest Manager shall be an ex-officio member of the City Tree Board.
[Ord. No. 856 §3, 4-17-2000]
The term of the five (5) persons to be appointed by the Mayor shall be three (3) years except that the term of two (2) of the members appointed to the first (1st) board shall be for only one (1) year and the term of two (2) members of the first (1st) shall be for two (2) years. In the event that a vacancy shall occur during the term of any member a successor shall be appointed for a new three (3) year term.
[Ord. No. 856 §5, 4-17-2000]
A. 
It shall be the responsibility of the Tree Board to study, investigate, council 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 plan will be presented annually to the City Council and, upon their acceptance and approval, shall constitute the official City tree plan for the City of Caruthersville, Missouri.
B. 
The Tree Board, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter or question relating to trees.
[Ord. No. 856 §6, 4-17-2000]
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. 856 §7, 4-17-2000]
The City of Caruthersville, Missouri, shall maintain an extensive list of recommended trees 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 to reflect new development or species that will affect the population of the community forest.
[Ord. No. 856 §8, 4-17-2000]
A. 
Street trees may not be planted in the tree lawn where there is no more than ten (10) feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than six (6) feet from a sidewalk. Street trees shall be planted no closer than ten (10) feet from a driveway or street.
B. 
No street tree shall be planted closer than thirty-five (35) 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.
[Ord. No. 856 §9, 4-17-2000]
A. 
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way or bounds of all streets, alleys, lanes, squares and public grounds, as may be necessary to insure the public safety.
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. 856 §10, 4-17-2000]
No person shall plant a street tree or park tree without first obtaining a permit from the Community Forest Manager. There will be no fee for such permit.
[Ord. No. 856 §11, 4-17-2000]
No person shall remove any public tree without replacing such tree with a tree or trees of equivalent dollar value 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. 856 §12, 4-17-2000]
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. 856 §13, 4-17-2000]
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 abut their property.
[Ord. No. 856 §14, 4-17-2000]
The City shall have the right to cause to be removed any tree within the City that is dead or has been declared a hazard. 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. 856 §15, 4-17-2000]
It shall be unlawful for any person to prevent, delay or interfere with 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. 856 §16, 4-17-2000]
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 Article.
[Ord. No. 856 §17, 4-17-2000]
Persons or firms engaged in the business or occupation of pruning, treating or removing any street tree, park tree or other privately-owned tree shall have a City license as required by the Code of Ordinances of the City of Caruthersville, Missouri.