[Ord. No. 13-2019, 8-26-2019]
For the purpose of this Article the following terms, phrases, words, and their derivations shall have the meaning given herein.
CITY
The City of Louisiana, Missouri.
COMMUNITY TREE PLAN
A written document that guides the work of the Tree Commission.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PARK
Shall include all public parks having individual names.
PUBLIC PLACES
Shall include all grounds owned by the City.
PROPERTY LINE
The outer edge of a street or highway right-of-way (ROW).
PROPERTY OWNER
The person owning such property as shown town/parish Plat Maps.
PUBLIC TREES
Shall include all shade and ornamental trees now or hereafter growing on any street or on any public land where otherwise indicated.
STREET or HIGHWAY
The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
TOWN ARBORIST
A citizen of the City and member of the Tree Commission who volunteers to serve on the Tree Commission in furtherance of the stated purpose and goals and of the same.
TREELAWN (ROW EDGE)
That part of a street or highway, not covered by sidewalk or other paving, lying between the property line and the edge of the street.
TREES
Large, Medium and Small trees as defined herein:
1. 
LARGE TREESDesignated as those attaining a height of forty-five (45) feet or more with a mature spread of forty (40) feet or more.
2. 
MEDIUM TREESDesignated as those attaining a height of thirty (30) to forty-five (45) feet with a mature spread of thirty (30) feet or more.
3. 
SMALL TREESDesignated as those attaining a height of twenty (20) to thirty (30) feet with a mature spread of twenty (20) feet or more.
URBAN FOREST
The collection of trees, shrubs, other vegetation and associated natural features that make up the City tree canopy and its growing zone.
[Ord. No. 13-2019, 8-26-2019]
A. 
There shall be created a commission to be known and designated as the Tree Commission.
B. 
The Tree Commission shall be composed of five (5) citizens, with experience, knowledge or continuing interest in trees or gardening.
1. 
Members shall be appointed by the Mayor with approval of the City Council. At least one (1) member shall be a member of the City Council.
2. 
Members will serve for a period of four (4) years, except that:
a. 
City Council members shall serve one (1) year; and
b. 
Among the first non-Council members to be appointed one (1) will be appointed to a one (1) year term, one (1) will be appointed to a two (2) year term, one (1) will be appointed to a three (3) year term and one (1) will be appointed to a four (4) year term.
3. 
Successors to those members appointed by the Mayor shall, thereafter, be appointed for terms of four (4) years. Vacancies caused by death, resignation, or otherwise, shall be filled for the unexpired term in the same manner as original appointments are made.
4. 
All members of the Commission shall serve without pay.
[Ord. No. 13-2019, 8-26-2019]
A. 
The duties of the Tree Commission shall be as follows:
1. 
To study the urban forest including problems involving the City tree population, determine needs, compose and annually review a Community Tree Plan and seek ways to implement needed work.
2. 
To assist the properly constituted officials of the town, as well as citizens and community groups, in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the corporate limits, whether they be on private or public property.
3. 
To provide regular and special meetings at which the subject of the urban forest may be discussed by the citizens of the town.
a. 
Within a reasonable time after the appointment of the Tree Commission, the Commission shall meet and organize by the election of a chairman, vice-chairman, and standing committee chairs as needed.
(1) 
The City Administrator shall designate a current City employee, or where there is an interest a citizen-at-large, to serve as Tree Commission Staff Support who will act as secretary to the Tree Commission and assist with the normal affairs of the Tree Commission as described below.
(a) 
Any citizen-at-large serving as Tree Commission Staff Support may be provided a reasonable stipend only when approved in the City's Annual Budget.
(b) 
A majority of voting members shall constitute a quorum for the transaction of business.
(c) 
The Tree Commission shall provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
(i) 
Meetings shall comply with all requirements of the State of Missouri Sunshine Law.
(ii) 
Minutes of all meetings shall be developed, approved and retained according to State of Missouri Records Retention requirements.
4. 
The Tree Commission may engage in any other lawful activity in pursuit of the mission of this commission which may benefit the urban forest including such activities as:
a. 
Apply for Tree City Status with the National Arbor Day Foundation.
b. 
Conduct seminars and public education programs.
c. 
Plan and coordinate an annual Arbor Week Observance.
d. 
Develop a community forest preserve.
e. 
Organize community tree planting projects.
5. 
The Tree Commission shall develop, in the form of changes to City Ordinance, and propose to City Council, such additional rules and requirements deemed necessary for the successful execution of their duties.
[Ord. No. 13-2019, 8-26-2019]
A. 
To the extent practicable, the Tree Commission Support Staff shall be in attendance at all regular and special meetings of the Tree Commission, Tree Commission Subcommittees or other community meetings as designated by the Chairman.
1. 
The Tree Commission Support Staff shall record all activities of the Commission or subcommittees of the Commission.
B. 
The Tree Commission Support Staff shall have the authority and jurisdiction of regulating the planting, maintenance, and removal of trees on streets and other publicly owned property to ensure safety or preserve the aesthetics of such public sites by granting permits.
1. 
The Tree Commission Support Staff shall have the authority to affix reasonable conditions to the granting of permits in accordance with the terms of this Article.
2. 
The Tree Commission Staff Support shall report all permitting activities to the Tree Commission to have occurred between Tree Commission meetings.
[Ord. No. 13-2019, 8-26-2019]
A. 
The Tree Commission shall have the authority to formulate a Community Tree Plan with the advice of consultants, City agencies, public hearings, and approval of the Mayor.
1. 
The Community Tree Plan shall include but not be limited to the goals and mission of the Tree Commission, an inventory of resources, needed work, associated cost and time schedules for such work and relevant information such as activities of the Tree Commission, standard tree maintenance and planting specifications and permit application procedures.
[Ord. No. 13-2019, 8-26-2019]
A. 
Permit applications and fees shall be collected at City Hall. The following tree permits are required:
1. 
Planting, Maintenance And Removal.
a. 
No person shall plant, spray, fertilize, prune, or remove, or otherwise disturb any tree on any street or municipally-owned property without first procuring a permit from the Tree Commission Support Staff.
(1) 
The Tree Commission shall propose for City Council approval, a fee amount to be charged for tree permits.
2. 
Planting Permit.
a. 
When making application for a planting permit on public property the applicant shall illustrate the number and types of trees or other plants to be planted.
b. 
Whenever any tree shall be planted on public land it shall be planted, fertilized, staked, watered and mulched in accordance with proper planting specifications issued by the Tree Commission Staff Support.
3. 
Maintenance Permit.
a. 
Application Data. When making application for a maintenance permit the applicant shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Tree Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
4. 
Removal And Replacement Permit.
a. 
When making application for a tree removal permit the applicant shall describe the number and kinds of trees to be removed, their size, locations, health/age condition and their method of removal and such other information as the Tree Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
5. 
Appeals To The Permitting Process Or Application.
a. 
Where an application for a tree permit or request for a variance from the tree management regulations is denied by the Tree Commission Support Staff, the applicant may file an appeal to the City Council.
b. 
Further Appeals. Any person aggrieved by the decision of the City Council, any taxpayer, may appeal such decision to the Circuit Court as provided in Section 89.110, RSMo.
[Ord. No. 13-2019, 8-26-2019]
A. 
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct views of any street or alley intersection.
B. 
It shall be the duty of any person owning or occupying real property, bordering on any street, park or other public land, on which there may be trees that are diseased or insect infested, to remove, spray or treat such trees in such manner that they will not infect or damage nearby public vegetation or cause harm to the community or citizens therein.
C. 
The Tree Commission may order trees on private land that cause obstructions, present insect or disease problem or otherwise present a danger to public health or safety be pruned, removed or treated. Work originated from or requested by the Tree Commission must be in writing, with a copy placed on file with the City Clerk. Permit applications and fees shall be waived in such cases.
[Ord. No. 13-2019, 8-26-2019]
No person shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire, nails, advertisements, posters, or other contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.
[Ord. No. 13-2019, 8-26-2019]
A. 
Unless otherwise approved by the Tree Commission all public trees shall be protected during construction.
1. 
All trees on any street or other publicly owned property near any excavation or construction of any building, structure, or street work, shall be guarded with a good substantial fence, frame, or box. The "Construction Tree Guard" shall be not less than four (4) feet high and eight (8) feet square, or at a distance in feet from the tree trunk equal to the diameter of the trunk at breast height (D.B.H.) in inches, whichever is greater. All building material, dirt, or other debris shall be kept outside the Construction Tree Guard.
2. 
The following actions shall require a written permit from the Tree Commission if action being performed is within a radius of ten (10) feet from any public tree:
a. 
Change natural drainage.
b. 
Excavate any new ditches, trenches, or drainage ways. Cleaning of existing ditches, trenches, or drainage ways are excluded.
c. 
Tunnels or borings larger than three (3) inches in diameter.
[Ord. No. 13-2019, 8-26-2019]
No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein. Sunlight to any public tree cannot be permanently blocked by placement of materials without written authorization of the Tree Commission.
[Ord. No. 13-2019, 8-26-2019]
A. 
Any person, firm, or corporation violating or failing to comply with any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fines as follows: for municipal ordinance violations proscribed herein and committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first municipal ordinance violation, two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation, three hundred fifty dollars ($350.00) for the third municipal ordinance violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations.
B. 
Any person or persons, jointly or severally aggrieved by any decision of the Tree Commission or the Tree Commission Support Staff, may appeal a decision of the Commission to the Circuit Court of Pike County, Missouri, or otherwise as provided by the laws of the State of Missouri.
[Ord. No. 13-2019, 8-26-2019]
A. 
Permits may be applied for as set forth below:
1. 
Application for permits must be made to the Tree Commission Support Staff not less than forty-eight (48) hours in advance of the time the work is to be done.
2. 
Standards Of Issuance. The Tree Commission Support Staff shall issue the permit provided for herein if, in his/her judgement, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit shall be void if its terms are violated.
3. 
Notice of completion shall be given within five (5) days to the Tree Commission Support Staff for his/her inspection.
4. 
Activities requiring the approval of an exception to Aricle by the Tree Commission must be submitted at least forty-eight (48) hours prior to the next Tree Commission meeting.
B. 
An approved tree list will be developed within the official Community Tree Plan and submitted to City Council as a proposed change to City Ordinance once the Community Tree Plan has been adopted.
1. 
No other species other than those included in this list may be planted as street trees, park trees or ornamental trees on public property without the written consent of the Tree Commission.
2. 
Approved trees will include definitions for small trees, medium trees or large trees in order to tailor species to specific planting or landscaping conditions.
[Ord. No. 13-2019, 8-26-2019]
Should any Section, clause, or provisions of this Article be declared by the Courts to be invalid, the same shall not affect the validity of the Article as a whole, or parts thereof, other than the part so declared to be invalid.
[Ord. No. 13-2019, 8-26-2019]
If any Subsection, sentence, clause, provision or part of this Article shall be held invalid for any reason, the remainder of this Article shall not be affected thereby but shall remain in force and effect.