Chapter 13 · Streets and Sidewalks

Article 3. Trees and Shrubs

Sections 13-301 to 13-315 · 15 sections

13-301 Definitions.

(a)Street trees — shall include all trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city.

(b)Park trees — shall include all trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park area.

(c)Large trees — shall mean those trees attaining a mature height of 45 feet or more.

(d)Medium trees — shall mean those trees attaining a mature height between 30 to 45 feet.

(e)Small trees — shall mean those trees attaining a normal mature height of 30 feet or less.

(Ord. 170-1985-006, Sec. 1)

13-302 City tree board; created.

There is hereby created and established a city tree board for the city which shall consist of not less than five nor more than seven members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the governing body.

(Ord. 170-1985-006, Sec. 2)

13-303 Same; term of office.

The term of office of the members of the city tree board shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

(Ord. 170-1985-006, Sec. 3)

13-304 Same; compensation.

Members of the board shall serve without compensation.

(Ord. 170-1985-006, Sec. 4)

13-305 Same; duties and responsibilities.

(a)It shall be the responsibility of the board to study, investigate, counsel and develop a written plan to provide a guide for the proper development and maintenance of the tree environment of the city, including the care, preservation, trimming, planting, removal or disposition of trees and shrubs in public ways, streets and alleys. Upon completion of any such plan it shall be presented to the governing body for approval. Thereafter, the board shall review and update the plan as necessary and submit all updates to the governing body for approval.

(b)It shall be the duty of the tree board to promote the education and awareness of the citizens of the city in the area of tree lore. The board, at its discretion, shall work independently and/or with whatever educational organizations it deems appropriate for the purpose of assisting the dissemination of information on tree planting, tree problems, tree care and maintenance, and its long range plans and vision for the local city forest.

(c)The tree board shall be available for consultation to any private citizen of the city with regard to any aspect that might affect the city forest. In addition, the tree board shall seek to promote the planting, care, and maintenance of trees on the property of private citizens in such a way that enhances the long range beauty, stability, and utility of the city forest.

(d)In all of its activities and duties the tree board shall endeavor to cooperate and consult with other organizations within the city which may at times have an interest in matters pertaining to the city forest. This includes, but shall not be limited to, The Dyck Arboretum of the Plains, Schowalter Villa, Hesston College, USD 460, and private businesses.

(e)The governing body, at its discretion, may refer any matter which it deems appropriate to the board for the board’s consideration, investigation, inspection, findings, reports or recommendations.

(Ord. 170-1985-006, Sec. 5; Code 1990)

13-306 Same; operation.

At the first meeting annually in April, the board shall meet and select such officers as it deems appropriate, and make rules and regulations regarding the operation of the board. The board shall keep a record of its proceedings and provide a copy, upon request, but at least annually, to the governing body. A majority of the members shall be a quorum for the transaction of business.

(Ord. 170-1985-006, Sec. 6; Code 1990)

13-307 Street tree species; list designating same.

A list which constitutes the official street tree species for the city shall be compiled by the board and updated as needed. The board shall prepare at least three copies of the list or updated list and file no less than two copies with the city clerk. Any such list filed with the city clerk shall be available to the public for their use and inspection. No species other than those included in such official list may be planted as street trees without prior written approval of the board.

(Ord. 170-1985-006, Sec. 7; Code 1990)

13-308 Same; placement.

(a)Street trees shall be planted no closer together than the following: Small trees, 30 feet; medium trees, 40 feet; large trees, 50 feet.

(b)No street trees shall be planted within 20 feet of any street corner, measured from the point of the nearest intersecting curb or curbline. No street tree shall be planted within 10 feet of any fire hydrant.

(c)No street trees other than those species listed as small trees in the current street tree list may be planted under or within 10 lateral feet of any overhead utility wire or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility line. It shall be the responsibility of the landowner or person planting such trees to ascertain the location of underground utilities or other obstructions.

(Ord. 170-1985-006, Sec. 8:10; Code 1990)

13-309 Tree topping.

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 is defined as a severe cutting back of limbs to stubs larger than three inches in diameter within the trees 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 at the determination and discretion of the board.

(Ord. 170-1985-006, Sec. 13)

13-310 Public tree care.

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, whether overhead or underground, or is affected with any injurious fungus, insect or other pest.

(Ord. 170-1985-006, Sec. 12)

13-311 Pruning; corner clearance.

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of nine feet above the surface of any sidewalk or driveway and there shall be a clear space of 15 feet above the crown of any street or alley. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.

(Ord. 070-1985-006, Sec. 14)

13-312 Dead or diseased tree control on private property.

The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city tree board will notify in writing the owners of such trees. Removal shall be done by the owners at his or her own expense within 60 days after the date of service of notice. In the event of failure of the owner to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice.

(Ord. 170-1985-006, Sec. 15)

13-313 Interference with city tree board.

It shall be unlawful for any person to prevent, delay or interfere with the city tree board or any of its agents, or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this article.

(Ord. 170-1985-006, Sec. 16)

13-314 Arborists license; insurance.

It shall be unlawful for any person or firm to engage in the business or occupation of trimming, pruning, treating or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be $25.00 annually in advance. No license shall be required for any public service company or any city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $300,000 for public liability including bodily injury and $100,000 for property damage, indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(Ord. 170-1987-007)

13-315 Review by governing body.

The governing body shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the governing body who may hear the matter and make final decision.

(Ord. 170-1985-006, Sec. 18)