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ORDINANCE NO. 821

AN ORDINANCE PERTAINING TO TREES GROWING IN THE PARKINGS AND ALLEYS, OVERHANGING THE STREETS AND GROWING INTO THE POWER LINES OF THE CITY OF MEADE, KANSAS; AND REPEALING ORDINANCE NO. 511 AND 786 AND ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF MEADE, KANSAS, IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:

SECTION 1. DEFINITIONS

1. Street Trees: “Street Trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of streets, avenues or ways within the City.

2. Park Trees: “Park Trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the City of which the public has free access as a park.


SECTION 2. That in all locations where trees are growing into any power lines of the City of Meade, where said power lines are located in the alley or the city parking, it shall be the responsibility of the property owner adjacent thereto to maintain at his own expense said trees to provide adequate clearance for said power lines and equipment connected thereto.

Said trees shall be maintained and trimmed to provide a minimum clearance of two feet at all times.

SECTION 3. That all trees located in the parkings of the City of Meade and overhanging the thoroughfare or alley shall be maintained to provide a clearance of not less than ten feet in order to provide necessary clearance for street maintenance and sanitation equipment. Said trees to be maintained by the property owner, at his own expense, for parkings and alleys adjacent to said property owners lot or lots, parcels or tracts of land.

SECTION 4. That the City Clerk shall send a written notice to the property owner where trees are in violation of this Ordinance and said property owner shall have thirty days in which to have said trees trimmed or removed to meet the regulations of this Ordinance.

If the property owner fails to comply with the provisions of this Ordinance within the allotted thirty days after having received due notice of said violation, the city shall hire a competent tree trimmer to perform the necessary trimming and shall assess the cost of same against the lot or lots, parcels or tracts of land as provided by 1961 Supp. To G.S. of Kansas, 12-3201.

SECTION 5. If said property owner upon receiving notice of said violation shall within ten days give written consent to the City to trim said trees to meet the requirements of this Ordinance, then the City will without charge trim said trees. Provided: That where permission is given by the property owner, the city will not be responsible for the life or looks of said trees, as work will be done by the city crews who are not qualified tree surgeons.

SECTION 6. Street trees may be planted no closer together than thirty (30) feet except in special plantings approved by the City Council.

SECTION 7. Street trees may be planted in the tree lawn where there is more than six (6) feet between the edge of the sidewalk and the curb of the streets. Street trees shall be planted no closer than three (3) feet from a sidewalk or street. Exceptions can be granted by the City Council.

No street tree shall be planted closer than thirty-five (35) feet from any corner, measured from the point of the nearest intersection of curbs or curb lines.

No street tree shall be planted closer than ten (10) feet from any fireplug.

Special permission must be obtained from the City Council when planting street trees within ten (10) feet of any point on a line on the ground immediately below and overhead utility wire, or within ten (10) lateral feet of any underground water line, sewer line, transmission line, or other utility.

SECTION 8. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within right-of-way or bounds of all streets, alleys, lanes, square, and public ground, as may be necessary to insure the public safety or to preserve or enhance the beauty of such public places.

The City may remove or cause to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is seriously affected with any injurious insect of disease.

The abutting property owners shall have the right to perform normal tree care on all street trees.

SECTION 9. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree 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 exempt from this section at the determination of the City Council.

SECTION 10. Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of ten (10) feet must be maintained over walkways and a clearance of fourteen (14) feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.

SECTION 11. The City shall remove or cause to be removed any dead or diseased tree within the City Limits. Diseased trees are defined as those trees that may constitute a hazard to life and property or harbor insects or disease which represent a potential threat to other trees within the City. The City will notify in writing the Owner of such tree(s) and removal shall be accomplished within sixty (60) days of notification. In the event of failure to remove by the Owner, the City shall have the authority to remove such tree(s) and charge the cost of removal on the property’s tax notice.

SECTION 12. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

SECTION 13. It shall be unlawful for any person to prevent, delay, or interfere with access to private property by the City or its representatives in the legal performance of any section of this ordinance.

SECTION 14. Any person violating any provision of this ordinance shall be upon conviction or a plea of guilty, subject to a fine not to exceed five hundred dollars ($500).

SECTION 15. This ordinance shall be effective after its publication in the official city paper.

PASSED AND APPROVED this 14th day of June, 2010.


Bud Doerflinger, Mayor

ATTEST:
Tiffany Neel, City Clerk


The City of Meade
132 South Fowler
PO Box 338
Meade, KS  67864-0338

Ph. (620) 873-2091
Fax (620) 873-2635

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