02-10070 Trees Shrubsnuo,maieasa��,a
(Published in the Salina Journal on March , 2002)
ORDINANCE NUMBER 02-10070
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 39,
ARTICLE IV PERTAINING TO DUTIES AND ABATEMENT OF NUISANCES AND
ARTICLE V PERTAINING TO STREET TREES OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 39-70 and 39-71 of Chapter 39, Article IV of the Salina Code are
hereby amended to read as follows:
"Sec. 39-70. Duty to trim trees on or near public sidewalks and remove dead
limbs or branches.
It shall be the duty of the owner or agent of real estate in the city abutting upon a
public street to:
(1) Keep all private trees located on and all street trees located adjacent to such real
estate properly trimmed in a manner such that no part of a tree projects over a
public sidewalk less than eight (8) feet above sidewalk level.
(2) Remove all dead limbs or branches from all private trees located on and all street
tree located adjacent to such real estate which project over any public sidewalk
abutting the real estates.
Sec. 39-71. Duty to notify City of dead trees, limbs or branches.
It shall be the duty of the owner or agent of real estate in the city abutting upon a
public street notify the city forester of any dead trees, branches, or limbs which
project over the public street at the curb line."
Section 2. That Section 39-90 of Chapter 39, Article V of the Salina Code are hereby amended to
read as follows:
"Sec 39-90. Street tree planting procedure.
The planting of any street tree shall be performed in a strict accordance with the
following requirements:
(1) No street tree shall be placed so as to cause a traffic hazard or in
violation of the city's clear sight ordinance.
(2) No street tree shall be planted within a distance of ten (10) feet from
any fire hydrant.
(3) It is recommended that only small trees be planted under overhead
wires.
(4) Approval by the city forester of species and location of all trees to be
planted is required by abutting property owner.
(5) No person shall plant a tree in the public right of way without first
obtaining a permit from the city forester.
Whenever any tree shall be planted or set out in conflict with the provisions of this
section, it shall be lawful for the city forester to remove or cause removal of the tree
and the exact cost resulting shall be assessed to the owner as provide by law in the
cause of special assessments."
Section 3. That the existing Sections 39-70, 39-71, and 39-90 are hereby repealed.
Section 4. That this ordinance shall be in full force and effective from and after its adoption and
publication once in the official city newspaper.
{SEAL}
ATTEST:
Lieu Ann Nicola, City Clerk
Introduced: February 25, 2002
Passed: March 4, 2002
Istin M. Seato , Mayor