[R.O. 2007 § 235.010; Ord. No.
488 § 1, 2-28-2017]
As used in this Chapter, the following terms shall have the
meanings indicated:
PARK TREES
Trees, shrubs, bushes, and all other woody vegetation in
public parks.
STREET TREES
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.
TREE CITY ADVISORY COMMITTEE CHAIRMAN
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. 2007 § 235.020; Ord. No.
488 § 2, 2-28-2017]
A. 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 planting, maintenance and removal of trees, shrubs and
other plants within the City of Pineville, 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 Pineville community forest in a strong, healthy
condition for today and the future of Pineville.
B. Intent. It is the intent of the Board of Aldermen of the City of
Pineville 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 public community forest.
2.
The protection of community residents from personal injury and
property damage and the protection of the City of Pineville 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. 2007 § 235.030; Ord. No.
488 § 3, 2-28-2017; Ord. No. 508, 9-11-2018]
There is hereby created and established a Tree City Advisory
Committee for the City of Pineville, 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 Board of Aldermen.
In addition to the five (5) members, a representative of the Board
of Aldermen or City representative will be appointed as a liaison
to the Board of Aldermen.
[R.O. 2007 § 235.040; Ord. No.
488 § 4, 2-28-2017; Ord. No. 508, 9-11-2018]
The five (5) members and City representative shall be appointed
by the Mayor with approval of the Board of Aldermen. The term of the
five (5) citizens to be appointed by the Mayor shall be three (3)
years. Initially, members shall rotate with one- and two-year terms
and two (2) members at three-year terms. 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. 2007 § 235.050; Ord. No.
488 § 5, 2-28-2017]
The Tree City Advisory Committee shall serve without compensation.
[R.O. 2007 § 235.060; Ord. No.
488 § 6, 2-28-2017]
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 Pineville, 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. 2007 § 235.070; Ord. No.
488 § 7, 2-28-2017; Ord. No. 508, 9-11-2018]
The Tree City Advisory Committee shall choose its own officers,
and shall keep a journal of its proceedings. Officers shall include
but not be limited to a Tree City Advisory Committee Chairman and
Secretary. 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. 2007 § 235.080; Ord. No.
488 § 8, 2-28-2017]
The Tree City Advisory Committee shall create and maintain an
extensive list of recommended trees for planting in public areas for
the City of Pineville, 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 Advisory Committee
to reflect new developments or species that will affect the population
of the public community forest. A current list shall be available
at Pineville City Hall.
[R.O. 2007 § 235.090; Ord. No.
488 § 9, 2-28-2017; Ord. No. 508, 9-11-2018]
A. Street trees may be planted in the tree lawn where there is no less
than six (6) feet between the edge of the sidewalk and the curbs or
curblines of the street. Street trees shall be planted no closer than
three (3) feet to a sidewalk, driveway or street.
B. Street
trees with a mature height greater than fifty (50) feet may not be
planted in the tree lawn with a width of less than eight (8) feet.
C. No street tree shall be planted closer than thirty (30) feet to any
street corner, measured from the point of the nearest intersection
of curbs or curblines, or within twenty (20) feet from a stop sign.
D. No street tree shall be planted closer than ten (10) feet to any
fire hydrant.
E. 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.
F. 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. 2007 § 235.100; Ord. No.
488 § 10, 2-28-2017]
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.
[Ord. No. 508, 9-11-2018]
[R.O. 2007 § 235.110; Ord. No.
488 § 11, 2-28-2017; Ord. No. 508, 9-11-2018]
Any person who shall cut, deface, damage, drive nails, or nail signs onto or in any manner damage or interfere with trees grown in the public community forest shall be punished according to Section
235.170.
[R.O. 2007 § 235.120; Ord. No.
488 § 12, 2-28-2017; Ord. No. 508, 9-11-2018]
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 Pineville. The removed trees shall be
replaced with 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. 2007 § 235.130; Ord. No.
488 § 13, 2-28-2017]
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. 2007 § 235.140; Ord. No.
488 § 14, 2-28-2017; Ord. No. 508, 9-11-2018]
Clearance over streets and walkways must be maintained for public
access and safety. 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. The owners of private trees are responsible
for maintaining the required clearances for their trees. The City
is responsible for maintaining the required clearances for City-owned
trees.
[R.O. 2007 § 235.150; Ord. No.
488 § 15, 2-28-2017; Ord. No. 508, 9-11-2018]
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 and
pose unacceptable risk to the public or property.
[R.O. 2007 § 235.160; Ord. No.
488 § 16, 2-28-2017]
It shall be unlawful for any person to prevent, delay, or interfere
with the City of Pineville 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. 2007 § 235.170; Ord. No.
488 § 17, 2-28-2017]
Any person, firm or corporation violating any provision or that
fails to comply with any notice issued pursuant to the provisions
of this Chapter shall, upon conviction, be punished by a fine not
exceeding two hundred twenty-five dollars ($225.00) or by imprisonment
for a term not exceeding ten (10) days, or by both such fine and imprisonment.
[Ord. No. 508, 9-11-2018]
The Tree City Advisory Committee 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.