3396 Regulating Tree Clean-upblished
ORDINANCE NO. 3396.
Lina Journal
AN ORDINANCE relating to the trimming of trees, and removal of dead
trees and of dead branches or limbs of trees in the City of Salina,
andproviding a penalty for the violation of the provisions of this
ordinance, and defining certain nuisances and providing for the
abatement thereof and for assessing the cost thereof.
BE IT ORDAINED by the Board of Commissioners of the City of
Salina, Kansas:
SECTION 1. That the owners, occupants or persons in charge of
real estate in the City of Salina abuttinE upon any public streets and
avenues in said city be and they are hereby required to cause all trees
growing and situated in front of such real estate but within the boundary
line of the streets or avenues and within the curb line thereof, and all
trees or branches or limbs thereof growing or situated on any such real
estate, which overhang any such street or avenue, to be properly trimmed
in such a manner as not to interfere with public travel upon the streets
and sidewalks in front or abutting upon any such property, and such
trimming shall be done in a proper and scientific manner by a person
familiar with the proper manner of doing such work, so as not to injure
r
or destroy such trees.
SECTION 2. That the owners, occupants or persons in charge of
real estate abutting upon any public street or avenue in the City of
Salina be and they are hereby required to remove or cause tote removed
all dead trees or all dead limbs or branches on any trees, situated or
growing in front of such real estate but within the boundary line of any
such street or avenue and within the curb line thereof, or any dead tree
or any dead limb of any tree situated or growing upon any such real,
estate but overhanging any such street or avenue (of sufficiently near
thereto to become dangerous to thepublic travelling thereon or on any
sidewalk thereon) which said dead trees or dead limbs or branches there-
of are or may become dangerous and a menace to public travel upon the
streets and sidewalks in front of or abutting upon any such property.
SECTION 3. That the Street Superintendent be and he is hereby
authorized and directed, whenever in his opinion it becomes necessary,
to notify in writing the owner of any such real estate to cause the
trimming of any trees as required by Section 1 of this ordinance or to
cause the removal of any dead trees or dead limbs or branches of any
trees as required by Section 2 of this ordinance whenever in his opin-
ion the same may be necessary, or if such owner cannot be found in the
City of Salina, then to notify the occupant, agent or person in charge
of said property in the same manner, and if within five days from the
date of the service of any such notice, such owner, or such occupant,
went or person in charge of such property, shall fail to comply with
the provisions of such notice, such person shall be deemed guilty of
a violation of this ordinance, and the Street Superintendent shall
cause a complaint to be filed in the Police Court of said city and
such owner, or occupant, or person in charge of said property shall
be prosecuted for the violation of the provisions of this ordinance,
but the failure to serve such notice shall not relieve any person
from complying with the previsions of Sections 1 and 2 of this ordin-
ance, and any violator thereof shall be puniched as herein provided,
whether such notice be served or not.
SECTION 4. That any person who shall violate any of the pro-
visions of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined not less than 05.00 nor more
than 025.00 for each offense, and for each day upon which any con-
dition by this ordinance prohibited is permitted to continue, after
the time fixed in any notice given b1 the Street Superintendent, a
separate offense shall be deemed to be committee..
SECTION 5. That in addition to the other provisions of this
ordinance, any tree which is not trimmed in accordance with the pro-
visions hereof, or any dead tree or dead branch or limb of any tree
which is not removed, in accordance with the provisions hereof, or
any other dead tree or dead branch or limb of any tree situated on
any premises in the City of Salina, which is or may become in danger
of falling and injuring any person or property in said City,is hereby
declared a public nuisance, and if any such tree be not properly
trimmed, or any such dead tree or dead branch or limb of any tree be
not removed, within the time fixed in any notice given to the owner,
occupant, agent or pe -°son in charge of any such premises by the Street
Superintendent, as herein provided or otherwise, the nuisance so exist-
ing shall be abated as other nuisances are abated according to law,
and upon finding by the Police Judge in a proper action brought for
such purpose that such nuisance exists, such nuisance shall, if not
abated and removed by the owner, occupant, agent or person in charge
of such premises within the time (not to exceed five days) to be fixed
by the Police Judge, be abated and removed by the Street Superintendent
and the cost thereof reported by him to the City Cler, and assessed
against the lot or piece of land upon which the same exists, or abuttiFE
the street or avenue upon which the same exists, and certified by the
City Clerk to the County Clerk and collected as other taxes are col-
lected; PROVIDED, however, that nothing in this ordinance shall be
deemed to impair the right of the City to trim, protect or otherwise
112
care for trees upon all public streets, avenues, boulevards, parks
and other public grounds, and the Street Superintendent or Park Super-
intendent, or either of them are hereby authorized and directed, whenever
it may be necessary, to perform or to cause to be performed any such
work.
SECTION 6. This ordinance shall take effect and be in force from
and after its publication in the official city paper.
Introduced June 13th, 1927.
Passed June 20th, 1927.
Attest:
Chas. E. Banker
city Clerr
Guy T. Helvering
Mayor
STA`1?E1 OF KANSAS
sS
COUNTY OF SALINE
1, Chas. E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 3396 passed and approved by the Board of Com-
missioners of the City of Salina, Kansas, June 20th, 1927, and a record
of the vote on its final adoption is found on page ,3d-� Journal No. 11.
City Clerk.
(published in the Salina Journal, June �2 J 1927)
ORDINANCE NO. 3 1
AN ORDINANCE relating to the'trimming of trees, and removal
of dead trees and of dead branches or limbs of trees
in the City of Salina, and providing a penalty for the
violation of the provisions of this ordinance, and de-
fining certain nuisances and providing for the abatement
thereof and for assessing the cost thereof.
BE IT ORDAINED by the Board of Commissioners of the City of
Salina, Kansas:
Section 1. That the owners, occupants or persons in
charge of real estate in the City of Salina abutting upon any
public streets and avenues in said city be and they are hereby
required to cause all trees growing and situated in front of
such real estate but within the boundary line of the streets
ror avenues and within the curb line thereof, and all trees or
branches or limbs thereof growing or situated on any such
real estate, which overhang any such street or avenue, to be
properly trimmed in such a manner as not to interfere with
public travel upon the streets and sidewalks in front or abutting
upon any such property, and such trimming shall be done in a
proper and scientific manner by a person familiar with the
proper manner of doing such work, so as not to injure or destroy
such trees.
Section 2. That the owners, occupants or persons in
charge of real estate abutting upon any public -street or avenue
in the City of Salina be and they are hereby required to remove
or cause to be removed all dead trees or all dead limbs or
branches on any trees, situated or growing in front of such
real estate but within the boundary line of any such street or
avenue and within the curb line thereof, or any dead tree or
any dead limb or branch of any tree situated or growing upon
any such real estate but overhanging any such street or avenue
(or sufficiently near thereto to become dangerous to the
public travelling theron or on any sidewalk thereon) which
said dead trees or dead limbs or branches thereof are or
may become dangerous and a menace to public travel upon the
streets and sidewalks in front of or abutting upon any such
property.
Section 3. That the Street Superintendent be and he is
hereby authorized and directed, whenever in his opinion it
becomes necessary, to notify in writing the owner of any such
real estate to cause the trimming of any trees as required by
Section 1 of this ordinance or to cause the removal of any dead
trees or dead limbs or branches of any trees as required by
Section 2 of this ordinance whenever in his opinion the same
may be necessary, or if such owner cannot be found in the City
of Salina, then to notify the occupant, agent or person in charge
of said property in the same manner, and if within five days from
the date of the service of any such notice, such owner, or such
occupant, agent or person in charge of such property, shall
fail to comply with/the provisions of such notice, such person
shall be deemed guilty of a violation of this ordinance, and the
Street Superintendent shall cause a complaint to be filed in the
Police Court of said city and such owner, or occupant, or person
in charge of said property shall be prosecuted for the violation
of the provisions of this ordinance, but failure to serve such
notice shall not relieve any person from complying with the pro-
visions of Sections 1 and 2 of this ordinance, and any vi&lator
thereof shall be punished as herein provided, whether such notice
be served or not.
Section 4. That any person who shall violate any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined not less than $5.00 nor
more than $25.00 for each offense, and for each day upon which any
condition by this ordinance prohibited is permitted to continue, after
the time fixed in any notice given by the Street Superintendent,
a separate offense shall be deemed to be committed.
Section 5. That in addition to the other provisions of this
ordinance, any tree which is not trimmed in accordance with the
provisions hereof, or any dead tree or dead branch or limb of any
tree which is not removed, in accordance with the provisions hereof,
or any other dead tree or dead branch or limb of any tree situated on
any premises in the City of Salina, which is or may become in danger
of falling and injuring any person or property in said City, is hereby
declared a public nuisance, any if any such tree be not properly
trimmed, or any such dead tree or dead branch or limb of any tree be
not removed, within the time fixed in any notice given to the owner,
occupant, agent or person in charge of any such premises by the Street
Superintendent, as herein provided or otherwise, the nuisance so exist-
ing shall be abated as other nuisances are abated according to law,
and upon a finding by the Police JMdge in a proper action brought
for such purpose that such nuisance exists, such nuisance shall, if
hot abated and removed by the owner, occupant, agent or person in charge
of such premises within the time (not to exceed five days) to be fixed
by the Police Judge, be abated and removed by the Street Superintendent and
the cost thereof reported by him to the City Clerk, and assessed against
the lot or piece of land upon which the same exists, or abutting the street
or avenueupon which the same exists, and certified by the City Clerk
to the County Clerk and collected as other taxes are collected; PROVIDED,
however, that nothing in.this ordinance shall be deemed to impair the
right of the City to trim, protect or otherwise care for trees upon all
public streets, avenues, boulevards, parks and other public grounds, and
the Street Superintendent or Park Superintendent, or either of them are
hereby authorized and directed, whenever it may be necessary, to perform
or to cause to be performed any such work.
section 6. This ordinance shall take effect and be
in force from and after its publication in the official
city paper.
Introduced( — 1927
Passed P: ;-O r— 1927
ayor O
Attest:
City Clerx