91-9421 Trees ShrubsKUKn-Cox Priming — S11111. K-..5
(Published in The Salina Journal January .21, 1991)
ORDINANCE NUMBER 91-9421
AN ORDINANCE AMENDING CHAPTER 39 OF THE SALINA CODE
REGULATING THE PLANTING, MAINTENANCE, TREATMENT AND REMOVAL OF
TREES AND SHRUBBERY WITHIN THE CITY OF SALINA, AND REPEALING THE
EXISTING CHAPTER.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section I. That Chapter 39 of the Salina Code is hereby amended to
read as follows:
"Chapter 39
TREES AND SHRUBS
Article
1.
Definitions
Article
2.
i n General
Article
3.
Salina Tree Advisory Board
Article
4.
Protection of Public Trees
Article
5.
Duties and Abatement of Nuisances
Article
6.
Street Trees
Article
7.
Licensing and Regulations
ARTICLE I. DEFINITIONS
"Section 39-1. Owner or agent.
The phrase 'owner or agent' shall refer to the owners
of record, installment purchasers, lessees, occupants or
their representatives.
"Section 39-2. Private tree.
'Private tree' shall mean any tree or shrub located on
private property.
"Section 39-3. Public tree.
'Public tree' shall mean any tree or shrub located on a
public street, parkway, avenue, alley, right-of-way, or
other public property. The term 'public tree' includes
'street trees.'
"Section 39-4. Public way
'Public way' shall mean any public street, parkway,
avenue, alley, right-of-way, or sidewalk.
"Section 39-5. Street tree.
'Street tree' shall mean any tree or shrub lying between
property lines on either side of all streets, alleys, avenues
or rights-of-way within the City.
Kansas
"Section 39-6. Tree sizes.
(a) Large trees are designated as those attaining at
maturity a height of forty-five feet (45') or more.
(b) Medium trees are designated as those attaining a
height of thirty (30) to forty-five feet (45').
(c) Small trees are designated as those attaining a
heights less than thirty feet (30').
"Sections 39-7 through 39-14. Reserved.
ARTICLE Il. IN GENERAL
"Section 39-15. Authority to regulate.
The board of commissioners is hereby authorized to
regulate the planting, maintenance, treatment and removal of
trees and shrubbery in the city as they relate to matters of
health, safety and the enjoyment of property.
"Section 39-16. City forester, appointment, authorit
A city forester or other city personnel shall be
designated by the city manager to administer the provisions
of this chapter. The city forester shall have the authority
to:
(1) regulate, administer, and supervise planting,
maintenance, protection, spraying, fertilizing,
treating, pruning, trimming and removal of
public trees and private trees where they
endanger other private trees or public trees,
or when they endanger the public safety or
hinder the use of public property, and
(2) to enter upon public and private property to
perform inspections or carry out his
authority.
"Section 39-17. Rights of property owners over street
trees.
The owners of property abutting on streets, alleys,
avenues and boulevards shall have such interest in the
growing street trees in front, to the rear, or to the side of
such real estate as to enable the owners in case of injury to
or destruction of such street trees to recover damages from
the person causing the injury or destruction. Such abutting
property owners shall have the right of action in any court
of competent jurisdiction to enjoin injury to or destruction of
such street trees, except that no recovery or injunction
shall be had against the city or franchised utility companies
in the making of public improvements or in any other
reasonable exercise of its authority over streets, alleys,
avenues, boulevards or rights-of-way over the street trees
located thereon.
"Section 39-18. Right of city to maintain trees not
a ected .
Nothing in this chapter shall be deemed to impair the
right of the city to trim, protect or otherwise care for
public trees and the city forester is hereby authorized and
directed, whenever it may be necessary, to perform or cause
to be performed any such work.
K,n Co. Printing — Saline Kansas
"Section 39-19. Powers of city in case of general
infection.
The board of commissioners, when it appears there is
likely to be a general infection or infestation of trees or
shrubs within the city by tree or plant disease or insect
pest or larvae potentially resulting in damage to or death of
many trees or shrubs, may provide such preventative
measures or treatments as may be necessary and may pay
the cost from the general fund or other designated fund.
"Section 39-20. Rules and regulations.
The city forester with the consent of the Salina Tree
Advisory Board may establish additional rules and
regulations consistent with the provisions of this Chapter
pertaining to:
(1) the planting, removal and care of trees and
shrubs.
(2) those aspects of the conduct of the business
of licensees under this Chapter directly
affecting public health and safety.
No fewer than three (3) copies of the current rules and
regulations shall be retained on file with the city clerk for
inspection by the public during regular office hours. it
shall be unlawful for any person to violate the rules and
regulations.
"Section 39-21. Violation and penalty.
Any person, firm or corporation violating any of the
provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished
by a fine of not more than five hundred dollars ($500) or by
imprisonment for thirty (30) days or by both such fine and
imprisonment and be responsible for damages. Each and
every day's violation of any of the provisions of this chapter
shall constitute a separate offense.
"Sections 39-22 through 39-29. Reserved.
ARTICLE Ill. SALINA TREE ADVISORY BOARD
"Section 39-30. Created.
There is hereby created the Salina Tree Advisory Board
(hereinafter referred to as 'the board').
"Section 39-31. Purpose.
The purpose of the board shall be:
(1) to recommend policy on all matters concerning
trees on public property to the Salina Parks
& Recreation Advisory Board.
(2) to advise the city staff on treescape planting
and other non -policy matters.
(3) to promote tree plantings, preservation and
proper tree care to the citizens of Salina.
(4) to hear appeals from licensing decisions by
the city forester.
K,h,-Cox Printing — Saline. Kansas
"Section 39-32. Membership.
The board shall consist of seven members recommended
by the Salina Parks 6 Recreation Advisory Board and
appointed by the mayor with the consent of the governing
body.
"Section 39-33. Appointment and term.
Those persons first appointed as members of the board
shall be appointed for the following terms:
(1)
One
(1)
member for a term of
two
(2) years.
(2)
Two
(2)
members for terms
of
three (3)
years.
(3)
Two
(2)
members for terms of
four
(4) years.
(4)
Two
(2)
members for terms of
five
(5) years.
Upon expiration of the term of each board member,
subsequent terms shall be for a period of four (4) years.
Any vacancy occurring among the membership of the board
shall be filled by appointment of the mayor with the consent
of the governing body.
"Section 39-34. Compensation.
The members of the board shall serve without
compensation.
"Section 39-35. Officers.
The board shall elect from its membership a board chair
and vice -chair for terms of one year. The board chair shall
preside at all meetings of the board. The vice -chair shall
act as chair at meetings of the board in the absence of the
board chair.
"Section 39-36. Quorum.
Four (4) members of the board shall constitute a
quorum for the purpose of conducting the board's business.
"Sections 39-37 through 39-49. Reserved.
ARTICLE IV. PROTECTION OF PUBLIC TREES
"Section 39-50. Damaging ublic trees while moving
ui dings or equipment.
Any person while moving any building or equipment
shall use the highest degree of care to be taken to prevent
injury to public trees and shall be liable for any
unnecessary damage to public trees done while moving any
building. Such damage shall be immediately reported to the
city manager, and it shall be the duty of the city forester to
examine, estimate and determine such damage.
"Section 39-51. Attachment of wires prohibited.
It shall be unlawful for any electric power or telephone
or telegraph company, or for any other person or
corporation, to attach or anchor any wires to any public tree
In the city or to continue to maintain any wires previously
attached or anchored to any public tree.
Nuhn -Cox Prillmq — Salina, Kansas
"Section 39-52. Damage to public trees prohibited.
No person shall intentionally damage a public tree by
cutting or carving any tree, attaching any rope, wire, nails,
advertising poster, or other contrivance to any tree, or
allowing any fire, gaseous liquid, solid substance which is
harmful to such trees to come in contact with it. No person
shall excavate any ditches, tunnels, trenches, or lay any
device within a radius of ten feet (101) from any public tree
without first notifying the city forester. In cases of
emergencies, utility companies and departments do not have
to notify the city forester prior to the work; however, the
city forester should be notified as soon as possible. No
person shall deposit, place, store or maintain upon any
public right-of-way any stone, brick, sand, concrete, or
other materials which may impede the free passage of water,
air, and fertilizer to the roots of any public tree growing
therein.
"Section 39-53. Tree topping.
It shall be unlawful for any person, to top any public
tree. Topping is defined as the severe cutting back of
limbs to stubs larger than three inches (311) in diameter in
the tree's crown to such a degree so 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
provision at the determination of the city forester. Firms
doing normal tree trimming for line clearance shall make a
reasonable effort to notify the landowner seven (7) days
prior to the tree trimming.
"Sections 39-54 through 39-69. Reserved.
ARTICLE V. DUTIES AND ABATEMENT OF NUISANCES
"Section 39-70. Duty to trim trees on or near public
ways.
It shall be the duty of the owner or agent of real
estate in the city abutting upon an public way to keep all
private trees located on and all street trees adjacent to such
real estate properly trimmed in a manner that they will not
interfere with public travel upon the public way. Such
trimming shall be done properly and scientifically by a
person familiar with the proper manner of doing such work.
Any part of a street tree or private tree projecting over a
street or alley that:
(a) hangs or protrudes less than twelve (12) feet
above street level;
(b) interferes with the visibility of any traffic control
device or sign;
(c) obstructs the light from any street lamp; or
(d) violates the city's clear sight ordinance
is hereby declared to be hazardous and to interfere with the
use of the street or alley. Any part of the tree projecting
over a sidewalk less than eight (8) feet above sidewalk level
is hereby declared to be hazardous and to interfere with the
use of the sidewalk.
Kuftn-Cox Printing — Salina, Kansas
"Section 39-71. Duty to remove dead trees, limbs and
shrubs.
It shall be the duty of the owner or agent of real
estate in the city abutting upon a public way to remove:
(a) all dead street trees and any dead limbs or
branches on growing street trees adjacent to such
real estate; and
(b) all dead private trees and any dead limbs or
branches on growing private trees which overhang
or are sufficiently near the public way as to
become dangerous to the traveling public.
"Section 39-72. Duty to maintain trees and shrubs free
from disease and insects.
It shall be the duty of the owner or agent of real
estate in the city to maintain any adjacent street tree or
private tree free from plant disease or insect or larvae
infestation, the presence of which will likely lead to the
destruction of the tree or shrub or other trees or shrubs in
the community.
"Section 39-73. Violations declared a nuisance.
The condition resulting from the failure of the owner or
agent of real estate in the city to uphold any one or more of
the duties outlined in this article is found to present a
danger to public health and safety and is hereby declared a
nuisance.
"Section 39-74. Preliminary notice.
When the city forester determines that a nuisance exists
under this article, the city forester shall give written notice
of the condition creating the nuisance to the owner or agent
of the real estate upon which the public nuisance exists and
shall at the same time advise the owner or agent of a
reasonable period of time in which the nuisance must be
abated. In determining a reasonable period of time for
abatement by the owner or agent, the city forester shall
take into consideration any and all relevant factors such as
the effect of weather conditions at the time, the degree of
health or safety hazard presented, and the nature and cost
of the project necessary to abate the nuisance.
"Section 39-75. Abatement procedure.
If the owner or agent of the real estate upon which the
public nuisance exists fails to abate the nuisance within the
time permitted in the preliminary notice the city may initiate
the procedures for abatement of nuisances set forth in
Chapter 24 - Nuisances as they now exist or may be
amended.
"Section 39-76. Emeraencv abatement.
Whenever the city forester determines that an
emergency exists which requires immediate abatement of a
nuisance to protect the public health, safety or welfare, an
order may be issued directing the owner or agent of the real
estate to take appropriate action to immediately abate the
nuisance causing the emergency. If the owner or agent does
not take immediate action to abate the emergency or is not
immediately available, the city forester may act to abate the
emergency with any costs incurred to be assessed and
collected in the manner provided under Chapter 24 -
Nuisances.
"Sections 39-77 through 39-89. Reserved.
Kinn -Coy Printing — Salina, KSnSSS
ARTICLE VI. STREET TREES
"Section 39-90. Street tree planting procedure.
The planting of any street tree, shall be performed in
strict accordance with the following requirements:
(a) No street tree shall be placed so as to cause a
traffic hazard or in violation of the city's clear
sight ordinance.
(b) No street tree shall be planted within a distance of
ten feet (101) from any fire hydrant.
(c) It is recommended that only small trees be planted
under overhead wires.
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
provided by law in the case of special assessments.
"Section 39-91. Notification of forester prior to removal.
It shall be unlawful to remove any live street tree from
public right-of-way without notifying the city forester in
advance.
"Section 39-92. Tree species.
The Salina Tree Advisory Board shall compile an annual
recommended street tree list.
"Sections 39-93 through 39-109. Reserved.
ARTICLE VII. LICENSING AND REGULATIONS
"Section 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 an annual 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 39-111. Examination.
Before any such license shall be issued or renewed, the
application shall be submitted by the city clerk to the city
forester who shall examine the applicant's qualifications and
competency to be licensed to engage in the types of service
for which the applicant has applied. A current certification
from the Kansas Arborist Association or equivalent
certification may be used in lieu of a written examination.
The applicant shall demonstrate such actual practical ability
and competence or furnish such evidence of previous
satisfactory experience or State certification as the city
forester deems proper. The city forester shall return the
application to the city clerk with an endorsement of approval
for the type of service in which the applicant has been
found qualified, or an endorsement of disapproval
accompanied by a written explanation for all other applied
for types of service. The city clerk shall issue or refuse to
issue license in accordance with the endorsement of the city
forester. Notice of the city clerk's refusal to issue a license
shall be mailed to the applicant at the mailing address shown
on the application.
K.hl-Cox Printing — Salina, Kansas
"Section 39-112. Appeal.
Any decision of the city forester relating to the
granting or revocation of a license may be appealed to the
Salina Tree Advisory Board. The appeal may be made by
delivering written notice of appeal to the city clerk within
fourteen (14) days of the mailing of the notice of the city
clerk's refusal to issue the license or notice of revocation.
The Salina Tree Advisory Board shall hear the appeal no
less than ten (10) days after the filing of appeal, unless the
hearing is continued at the request of the applicant. After
hearing the appeal the Salina Tree Advisory Board may:
(1) uphold the refusal to issue or the revocation
of the license.
(2) recommend to the city manager that the city
clerk be directed to issue the license or that
the revocation be rescinded.
(3) refer the matter to the city forester for
further consideration with or without specific
instruction.
"Section 39-113. Bond and insurance.
Each person who makes application for a license or
renewal under this article shall furnish an acceptable surety
bond and certificate of liability insurance covering the work
in which they are engaged and upon the terms and
conditions set out in this section. The bond shall be
executed by the applicant as principal and by a solvent
corporation authorized to do business within the State as
surety in the sum of five thousand dollars ($5,000.00) . The
bond shall be for the term of not to exceed one (1) year and
shall extend to cover the licensing period; shall be to the
city for the use and benefit of such persons as may suffer
by breach thereof; and shall be conditioned upon compliance
by the principal, his agents, servants and employees with
the provisions of this article. 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 of not less than 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 bond and insurance policy shall not be cancelled or
terminated until at least twenty (20) days after a notice of
cancellation of the bond or insurance policy is received by
the city clerk.
"Section 39-114. License fee.
The city clerk shall collect the license fees under this
article as prescribed in Section 2-2.
"Section 39-115. Names and address displayed on vehicles
and equipment.
All vehicles and trailers operated by a licensee for the
transportation of equipment and all self-propelled, draw or
tow equipment used by a licensee in the business shall have
the name and address of the licensee displayed on both sides
of the vehicle, trailer, or equipment in plain and legible
figures and letters not less than three (3) inches in height.
The figures and letters shall be maintained so as to be read
at a distance of at least sixty feet (60'). Violation of this
section shall be unlawful and shall be sufficient ground for
revocation of the licensee's license.
Kinn -Cox Printing — Salina, Kansas
repealed.
"Section 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
surety bond or any acceptable written
certificate of public liability insurance within
twenty (20) days from the date notice is
received from the city, that the surety bond
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 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 the notice to the licensee at the
address shown on the license application.
"Sections 39-117 through 39-129. Reserved."
Section 2. That the existing Chapter 39 of the Salina Code is hereby
Section 3. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST :
Jacgu tine Shiever, City Clerk
Introduced: December 17, 1990
Pas January 7, 1991
Robert E. Frank, yor