This Chapter will be known as the Tree Maintenance Code and
may be cited as such, and will be referred to in this Chapter as the
"Code."
A.
This Chapter establishes policies, regulations, and standards necessary
to ensure that the City will realize the benefits provided by its
urban forest.
The purpose of this Code is to protect the public health, safety,
and welfare of the citizens of Raymore by requiring trees to be maintained
in a healthy and non-hazardous condition through good arboriculture
practices. These general objectives include, among others, the following
specific purposes:
1.
To protect pedestrians from falling or low hanging tree limbs
and branches.
2.
To reduce resident exposure to potential hazardous conditions
in the event of damaging storms.
3.
To protect the character of residential, commercial and public
areas.
4.
To preserve the value of the property throughout the City.
5.
To provide mechanisms for the enforcement and administration
of the Code to ensure that the above purposes are accomplished.
A.
In any case where a provision of the Code is found to be in conflict
with a provision of any other ordinance or other legislation of the
City existing on the effective date of the Code, the provision which
establishes the higher standard for the promotion and protection of
the safety and health of the people shall prevail.
B.
In any case where a determination of definition or identification
of tree hazard is needed, the opinion of the City Arborist shall prevail.
For the purpose of this Chapter the following words and phrases
shall have the following interpretation and/or meanings indicated
below:
A City staff member designated by the City Manager who is
certified in the practice of arboriculture.
A list of trees provided for in the City's Tree Management
Strategic Plan.
Any tree or shrub growing on privately-owned land, including
those trees planted between the sidewalk and street.
Any tree or shrub growing on any publicly-owned land except
street right-of-way.
The cutting or removing of fifty percent (50%) or more of
a crown trunk or root system of a tree, or any action which results
in immediate danger of falling.
Removing the vertical leader stems and cutting tree limbs
back to a stub, bud or a lateral branch not large enough to assume
a terminal role, resulting in decay of the trunk and/or main branches
and sprout production. Usually involves removing more than one-third
(1/3) of the tree canopy.
A written plan for the care, preservation, pruning, planting,
replanting, removal or disposition of trees.
A.
There is hereby created and established a Tree Board for the City.
B.
Composition And Term. The City Tree Board shall consist of five (5)
members. Those members shall be three (3) citizens appointed by the
Mayor with the advice and consent of the City Council chosen from
the citizens at large, the City Arborist, and the Parks and Recreation
Director. Appointments shall be made by August 1 of each year. Members
shall serve for three-year terms, excepting that, for the term set
to begin August 1, 2013, one (1) member shall be appointed for a one-year
term, one (1) member shall be appointed for a two-year term, and one
(1) member shall be appointed for a three-year term.
C.
Duties. The City Tree Board shall have the following duties:
1.
To study, investigate and advise the Park Board and City Council
regarding the care, preservation, pruning, planting, replanting, removal
or disposition of trees.
2.
To prepare a Tree Management Strategic Plan and to update such
plan as needed. The Tree Management Strategic Plan shall include goals
for City arboriculture efforts and information on tree trimming requirements,
i.e., clearance distances.
3.
To prepare and annually update an Official Tree List. The Official
Tree List shall designate species of trees not recommended for planting
in the City. The List shall also include a list of tree species permitted
to be planted on street right-of-way.
4.
To assist City staff in the preparation of the annual City budget
for tree planting and maintenance activities including the City's
arboretum.
5.
To educate residents on the advantages of trees and the planting
and maintenance of all trees within the community.
6.
To assist the City in preparing an annual Arbor Day proclamation
and observance.
7.
To assist the City in maintaining the certification as a Tree
City USA.
A.
The City shall have the right to plant, and the duty to prune, maintain
and remove public trees as a matter of public safety or to enhance
the symmetry and beauty of such public areas.
B.
The City Arborist may remove or cause or order to be removed, any
tree presenting an unsafe condition or which by reason of its nature
is injurious to sewers, water lines or other public improvements,
or is affected with any injurious fungus, insect or other pest.
C.
All public tree maintenance shall conform to the ANSI A300 standards
for tree care operations.
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 a 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. There shall be a clear space of
thirteen (13) feet above the street surface or eight (8) feet above
the sidewalk and pedestrian trail surfaces.
B.
It shall be the duty of any person or persons 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 a manner that they will
not infect or damage nearby public vegetation or cause harm to the
community or citizens.
C.
The City Manager may order trees on private land that cause obstructions
or present insect or disease problem or otherwise present a danger
to public health or safety be pruned, removed or treated.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing public or private trees within the City without first applying and procuring a City occupational license in accordance with Chapter 605 of the City Code.
Nothing in this Chapter shall be deemed to impose any liability
for damages or a duty of care and maintenance upon the City or upon
any of its officers or employees, nor to relieve the owner of any
private property from the duty to keep any tree, shrub or plant upon
any street area on his property or under his control in such a condition
as to prevent it from constituting a hazard or impediment to travel
or vision upon any street, park, boulevard, alley or public place
within the City. The person in possession of or the owner of any private
property shall have a duty to keep the trees upon the property and
under their control in a safe and healthy condition.
It shall be unlawful as normal practice for any person, firm
or City department to top any public tree. Crown reduction by a qualified
arborist may be substituted, where appropriate. 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 prohibition at the determination of the City
Arborist.
It shall be unlawful for any person other than officials, agents
and employees of the City to remove public trees or to remove or plant
trees in City parks without the written approval of the City.
No person shall damage, cut, carve, transplant, remove, or attach
any accessory to public trees without written permission from the
Parks and Recreation Director.
No person shall hinder, prevent, delay or interfere with the
City Arborist, or City Manager in carrying out the execution or enforcement
of this Chapter.
The City Arborist or Code Enforcement Officer are charged with
the responsibility for the enforcement of this Chapter and may serve
notice, abate, or to any person, firm, or corporation in violation
or institute legal proceedings as may be required and the City Attorney
is authorized to institute appropriate proceedings to that end.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code. A property owner charged for abatement shall not incur a penalty in addition to the City's cost of abatement.
