02-10109 Trees Shrubs(Published in the Salina Journal on November 9 '2002)
ORDINANCE NUMBER 02-10109
AN ORDINANCE AMENDING CHAPTER 39, ARTICLE VI,
SECTIONS 39-110, 39-113, AND 39-116 OF THE SALINA CODE
PERTAINING TO TREE TRIMMING/TREATING LICENSING
REPEALING EXISTING SECTIONS 39-110,39-113, AND 39-116.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 39-110 of Chapter 39, Article VI of the Salina Code is
hereby amended to read as follows:
"Sec. 39-110. When license required; application.
No person shall engage in the business of cutting, pruning, removing,
spraying or otherwise treating trees within the city, without first procuring license
from the city clerk of the city. The application for a license shall specify the types of
service for which the applicant desires to be licensed. Nothing contained in this
article shall be construed to prevent owners or occupants from performing work on
their own property."
Section 2. That Section 39-113 of Chapter 39, Article VI of the Salina Code is
hereby amended to read as follows:
"Sec. 39-113. Insurance required.
Each person who makes application for a license or renewal under this article
shall furnish an acceptable certificate of liability insurance covering the work in
which they are engaged and upon the terms and conditions set out in this section.
The certificate of insurance shall show that the applicant is covered by an effective
public liability insurance policy issued by a solvent corporation authorized to do
business within the state and shall be issued with limits or not less that the maximum
liability for claims which could be asserted against the city, for any number of claims
arising out of a single occurrence or accident under the Kansas Tort Claims Act, as
amended. Such insurance policy shall not be cancelled or terminated until at least
twenty (20) days after the notice of cancellation of the insurance policy is received
by the city clerk."
Section 3. That Section 39-116 of Chapter 39, Article VI of the Salina Code is
hereby amended to read as follows
"Sec. 39-116. License revocation.
(a) The city forester may at any time revoke a license under the following
circumstances:
(1) The licensee doing business as a pest control operator under the laws
of the state has had his state license revoked; provided the license,
where applicable, shall be revoked only as to the treating of trees and
shrubs.
(2) The licensee shall fail to furnish an acceptable written certificate of
public liability insurance within twenty (20) days from the date notice
is received from the city, that the or insurance policy previously
furnished by the licensee is to be cancelled or terminated.
(3) The licensee or any employee, solicitor, agent, or representative of the
licensee has made any material misrepresentations for the purpose of
defrauding any member of the public.
(4) The licensee or any employee, solicitor, agent, or representative of the
licensee has used any method or material which is not suitable for the
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purpose for which it is employed or provided, or has used any method
or material without respect to public health, safety and welfare in the
treating of trees and shrubs.
(5) The licensee has failed to display the name and address of the licensee
on all vehicles and equipment used by the licensee in the business in
the manner required under this article.
(b) Revocation of a license shall be effected by giving notice in writing posted
not less than fifteen (15) days prior to the date set for revocation of the
license and mailing notice to the licensee at the address shown on the license
application."
Section 4. That the existing Sections 39-110, 39-113, and 39-116 are hereby
repealed.
Section 5. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: October 28, 2002
Passed: November 4, 2002
L
1
stin M. Se on, Mayor
[SEAL]
ATT T:
bara R. Weber, Deputy City Clerk