It shall be unlawful for any person, except
when acting under the direction and authority of the state, to cut
or trim any trees within the City without the consent and approval
in writing of the owner of such trees if the same are growing upon
private property. No person shall cut or trim any trees growing upon
the streets without the consent and approval of the City Manager;
provided, however, that any privately owned telephone company or power
company owning or using transmission lines in the City may cut or
trim trees or other growths in the parking areas or public ways of
the City which shall interfere with its lines without obtaining such
permission.
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State law reference — Authority to regulate
the planting, maintenance and removal of trees and shrubbery on streets,
alleys, etc., K.S.A. § 12-3201.
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It shall be unlawful for any person to plant
or grow any trees or any vegetable growth which, by reason of its
nature, will grow so high as to interfere with the use of the street,
parking area or public way of the City for electric lighting or power
wires or telephone wires or which will litter the sidewalks or streets
adjacent to such parking area when grown or which will become a nuisance
by reason of fruit or other substance falling therefrom upon the sidewalks
or streets. All trees or shrubbery shall be planted equal distance
between the curbline of any street and the outside of the sidewalk
where any sidewalk may be located or where space is reserved for any
sidewalk. No such tree or shrub shall be planted closer than 45 feet
to the curbline of any intersecting street.
Violation of this chapter shall constitute a Class C misdemeanor, punishable as provided in §
1-2 of this Code.
[Added 6-2-1975 by Ord. No. 4452]
All automobiles, trucks, trailers or other vehicles
operated by any person licensed pursuant to this article for the transportation
of the equipment used by him in such licensed business and all self-propelled,
draw or tow equipment used by him in such licensed business shall
have the name and address of such licensee displayed on both sides
thereof in plain and legible figures and letters not less than three
inches in height which shall be kept in such condition as to permit
the same to be readily distinguished and read at a distance of at
least 60 feet.
No person shall engage in the business of cutting,
trimming, pruning, removing, spraying or otherwise treating trees
within the City without a valid, unsuspended and unrevoked license
issued by the City Clerk. It shall be unlawful for the licensee to
engage in any types of tree service not specified in his license.
Nothing contained in this section shall be construed to prevent the
owner or occupant from performing work on or removing trees on his
own property.
Before any license required by this article
shall be issued, an application therefor shall be submitted to the
City Clerk who shall refer it to the person designated by the City
Manager who shall thereupon examine the applicant, either orally or
in writing, upon the applicant's qualifications and competency to
engage in the types of service for which his application discloses
that he desires to be licensed. The applicant shall demonstrate such
actual practical ability and competence or furnish such evidence of
previous satisfactory experience as the person designated by the City
Manager deems proper. The person designated by the City Manager shall
return the application to the City Clerk with an endorsement of approval
or disapproval for which the applicant has been found qualified. The
City Clerk shall issue or refuse to issue such license in accordance
with such endorsement.
[Amended 8-19-1991 by Ord. No. 5571]
Before a tree trimmer's license is issued the
person making application shall have in effect on file with the City
Clerk a surety bond in favor of the City in the sum of $1,000, in
a form acceptable to the City Attorney, conditioned that the principal
in the bond will comply with all provisions of all ordinances of the
City relating to tree trimming and further conditioned that the City
or any person who may deem himself injured or damaged by the principal's
failure to comply with such ordinances may sue on such bond to recover
his damages.
No license required by this article shall be
issued or renewed until the applicant pays a fee of $50 to the City.
A license issued pursuant to this article shall
expire at the end of the calendar year for which it was issued. No
examination shall be required for renewal of a license if application
for renewal is made by February 15 of the license year.
A license issued pursuant to the provisions
of this article shall not be transferable. When there is a change
in the business status of the licensee, the successor shall have 60
days within which to obtain a license as provided by this article,
provided that in the event of the death of an individual, his heir
or representative shall be allowed 60 days within which to obtain
a license and such additional time as may be granted by the City for
cause.
A license issued pursuant to the provisions
of this article may be revoked for any violation by its holder of
any of the provisions of this article.