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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 Cornwliw�eaSe��na _ _ 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