[Ord. No. 3290, 9-17-2007]
Within this Chapter, the following terms shall have the meanings
set out herein:
Any lands within the municipal boundary and owned by the
City.
A tree, shrub, bush, and all other woody vegetation in public
parks.
Trees, shrubs, bushes, and all other woody vegetation owned
by the City as total resource.
All trees within municipal boundaries but not owned by the
City.
The official (public employee) representative of the Union
Urban Forestry Council (UUFC) and as such is responsible for administration
of the community forestry program. The Community Forest Manager will
be appointed by the City Administrator.
[Ord. No. 3290, 9-17-2007]
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 Union, Missouri. It also is to manage Union's Public
Community Forest in a strong, healthy condition for today and the
future of Union, Missouri.
B.
It
is the intent of the Board of Aldermen of Union, Missouri, 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 protection of community residents
from personal injury and property damage and the protection of the
City of Union from property damage caused by or threatened by the
improper planting, maintenance, or removal of trees, shrubs, or other
plants located within the Public Community Forest.
[Ord. No. 3290, 9-17-2007]
There is hereby created and established a Union Urban Forestry
Council for the City of Union, Missouri, which shall consist of a
maximum of six (6) members, who shall be appointed by the Mayor with
the approval of the Board of Aldermen. The Community Forest Manager
shall be an ex-officio member of the Union Urban Forestry Council.
[Ord. No. 3290, 9-17-2007]
A.
Of
those initially appointed to the first board the term of three (3)
members appointed shall be one (1) year, and the term of two (2) members
appointed shall be two (2) years, and the remaining members shall
be appointed for three (3) year terms. Upon the expiration of these
initial terms, all members shall thereafter be appointed to terms
of three (3) years.
B.
Within
thirty (30) days after the appointment of the initial board, and every
year after, the board will select one (1) of its member's president
and one (1) vice president. It shall also select a secretary.
[Ord. No. 3290, 9-17-2007]
Members of the Union Urban Forestry Council shall serve without
compensation.
[Ord. No. 3290, 9-17-2007]
A.
It
shall be the responsibility of the Union Urban Forestry Council and
Community Forest Manager to study, investigate, counsel, develop,
and/or update annually, and administer written plans (annual or long
range) for the care, replacement, maintenance, and removal or disposition
of trees and shrubs in parks, along public property of streets and
in other public areas. Such plans will be presented periodically to
the Board of Aldermen and upon its acceptance and approval shall constitute
the official comprehensive City tree plan for the City of Union, Missouri.
B.
The
Union Urban Forestry Council, when requested by the Board of Aldermen,
shall consider, investigate, make funding available, report and recommend
upon any special matter or question relating to trees.
[Ord. No. 3290, 9-17-2007]
The Community Forest Manager shall maintain a 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 developments or
species that will affect the population of the Public Community Forest.
[Ord. No. 3290, 9-17-2007]
Special permission must be obtained from the Community Forest
Manager when planting trees within ten (10) feet of any point on a
line on the ground immediately below any overhead utility wire.
[Ord. No. 3290, 9-17-2007]
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.
[Ord. No. 3290, 9-17-2007]
No person, firm, or corporation (except for authorized City
personnel or others authorized by the City) shall cut, prune, or remove
any part of the Public Community Forest. Violation of this provision
shall, upon conviction, be punished by a fine of five hundred dollars
($500.00) for each tree, shrub, or bush, or by imprisonment in the
City or County Jail for a term not exceeding ninety (90) days, or
both fine and imprisonment. Violating any other provision or failing
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) per violation 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. 3290, 9-17-2007]
It shall be unlawful for any person, firm, or City department
to top or round off any public tree on public property. "Topping or
rounding off" 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
as the determination of the Community Forest Manager or the Union
Urban Forestry Council.
[Ord. No. 3290, 9-17-2007]
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 thirteen point six
(13.6) feet must be maintained over streets and alleys.
[Ord. No. 3290, 9-17-2007]
It shall be unlawful for any person to prevent, delay, or interfere
with the Community Forest Manager, the Union Urban Forestry Council
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. 3290, 9-17-2007]
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
proceedings to that end.
