Chapter 13 · Streets and Sidewalks

Article 4. Tree Board

Sections 13-401 to 13-420 · 20 sections

13-401 Definitions.

(a)Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.

(b)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, or to which the public has free access as a park.

(c)Tree size: Large trees are herein defined as those attaining a height of forty feet (40’) or more. Medium trees are herein defined as those attaining a height of twenty feet (20’) to forty (40’). Small trees are herein defined as those attaining a normal maximum height of twenty feet (20’).

13-402 Establishment of tree board.

There is hereby created and established a City Tree Board for the City of Park City, Kansas. The Board shall consist of five (5) members, who shall be citizens and residents of this city and who shall be appointed by the Mayor with the approval of the City Council at the first regular meeting in May of each year and take office at the next regular meeting of the Board. The Tree Board shall be advisory to the City Council.

(Ord. 1069; Code 2021)

13-403 Term of office.

The term of the persons appointed by the Mayor shall be two years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the said term. Thereafter appointments shall be for a period of two years with members to continue to serve to the end of their term unless and until said member is reappointed or replaced.

(Ord. 1069; Code 2021)

13-404 Compensation.

Members of the Tree Board shall serve without compensation for their service. Members may receive reimbursement for their authorized out-of-pocket expenses, including travel when related to the Tree Board activities, all as deemed appropriate and advisable by the Governing Body.

13-405 Duties and responsibilities.

(a)It shall be the responsibility of the Tree Board to study, investigate, counsel, develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along the street rights-of-way and other City owned property. A tree inventory prepared by the Sedgwick County Extension Agency shall serve as the guide for removal or disposition of trees. Such a plan will be presented annually to the Governing Body for their approval.

(b)It shall be the duty of the Tree Board to promote the education and awareness of the citizens of Park City in the area of tree lore. The Board, at its discretion shall work independently and/or with whatever educational organizations it deems appropriate for the purpose of assisting the dissemination of information on tree planting, tree problems, tree care and maintenance, and its long range plans and vision for the local City forest.

(c)The Tree Board will be available for consultation to any private citizen of Park City with regard to any aspect that might affect the City forest.

(d)In all of its activities and duties the Tree Board shall endeavor to cooperate and consult with other organizations within the City which may at times have an interest in matters pertaining to the City forest.

(e)The Board, when requested by the Director of Public Works shall consider, investigate, make finding, report and recommend to the Governing Body upon any special matter of question coming within the scope of its work.

13-406 Operation.

The Tree Board shall have as officers a Chairperson, Vice-Chairperson, and Secretary. The Tree Board shall create its own bylaws, subject to City Council approval, and keep minutes and records of its meetings and activities. A majority of the members shall constitute a quorum, which is required for the transaction of business.

13-407 Tree species to be planted.

The Tree Board shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the City upon request to aid in the selection of trees for private properties. The list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest.

13-408 Distance from corners.

No street tree shall be planted in the street right-of-way closer than thirty-five feet (35’) to any intersection of said street with any other street, alley, avenue, lane, private or public driveway measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than 20 feet of any fireplug.

13-409 Spacing.

The spacing of street trees will be in accordance with the tree species size classes on file with the City Clerk, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect or the Director of Public Works for the City of Park City.

13-410 Utilities.

Only small trees, as defined in 13-401(c) may be planted under or within than (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any sewer line, transmission line or other utility or public improvements.

13-411 Public tree care.

The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing City utilities or to preserve the symmetry and beauty of such public grounds. The City may remove or cause or order 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, or other utility or public improvements, or is affected with any injurious fungus, insect or other pest.

13-412 Tree topping.

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 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 Article at the determination of the City.

13-413 Clearances over streets and walkways.

Every property owner of every house, building lot or premises in the City shall keep the trees situated on such property and in the parking abutting such property, trimmed so that the branches over all public rights-of-way, alleys, sidewalks and driveways shall not be lower than eight feet (8’) from the surface of such right-of-way, alley, sidewalk or driveway, and that such hedges shall not be higher than three feet (3’), so as to constitute a traffic hazard.

13-414 Dead or diseased tree removal.

(a)The City shall have the right to cause the removal of any dead or diseased trees on private property within the City when such tree or trees constitute any one or more of the following:

(1)A hazard to life and/or property;

(2)Harbors insects or disease that constitute a potential threat to other trees within the City;

(b)The City shall cause notice to be sent in writing by certified mail to the property owner(s) of record at the address or addresses where said trees are situated, notifying said property owner of the City’s intent to remove said tree not earlier than thirty (30) days from the date of the letter. The property owner may either effect the removal of the tree or trees on his or her own and at his or her own expense, do nothing (which will cause the City to proceed with the removal of the tree and the assessment of the costs of the same as set forth herein below), or within that thirty (30) day period, submit a written request to the City Council of the City of Park City, Kansas, requesting that it reconsider the decision made by the City directing the removal of said tree or trees. The City Council shall then consider said request for reconsideration within thirty (30) days of the date of its receipt of the same, and during the time that the request for reconsideration is pending, the City shall not proceed with the removal of said tree or trees until the City Council has had an opportunity to consider said request. Upon the City proceeding with the removal of said tree or trees, the cost of the same shall be assessed against the said property owner(s) of record, and if the same remains unpaid more than thirty (30) days from the date of the posting by certified mail to the said owner(s) of the charge for the same, said charge shall be collected in the manner described in Section 16 herein below. The manner assessing the costs to be assessed by the City against the property owner shall be in the manner as set forth in this Article herein below.

(c)It shall be unlawful for any person to permit any diseased or dead tree(s) to remain on private property after such person has received notice from the City to remove such tree(s). Failure to remove any diseased or dead tree(s) from private property after having received notice from the City that removal is required shall be a misdemeanor.

(d)The City shall have the right to cause the removal of any dead or diseased trees on private property within the City; when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City.

13-415 Removal of stumps.

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.

13-416 Notice to owners; charges.

Whenever any property owner of record, whose duty it is to keep any shrubs, hedges or trees trimmed or cut, as provided for in this Article, shall fail to do so, the Compliance Officer shall notify in writing by certified mail said property owners of record requiring the same to be done forthwith. The remedial act as called for by a notice to the property owner of record shall be completed at such owner’s expense within thirty (30) days after the date of service of notice. In the event of failure to comply within the time provided by the notice, the City may trim such shrubs, hedges and/or trees and assess the cost against the property owner of record. The cost charged by the City shall be a minimum of one hour at not less than $100.00 per hour and for costs in excess of such minimum the charge shall be based on the extent of manpower, equipment and time utilized in the removal, trimming, or other related maintenance costs. The owner(s) named in the notice shall be given an opportunity to pay the assessment. If the charge remains unpaid after thirty (30) days from mailing of a notice of such charges by first class mail to the property owner, the actual charges shall be certified by the City Clerk to the County Clerk and collected as other general property taxes are collected.

13-417 Interference with tree board.

It shall be unlawful for any person to prevent, delay or interfere with the City or any of its representatives or agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any tree within the community forest, as authorized by this Article

13-418 Arborist’s bond.

It shall be unlawful for any person or firm to engage in the business or occupation of trimming, pruning, treating, or removing Street or Park trees within the City without first filing with the City Clerk evidence of liability insurance in the minimum amounts of $500,000 for bodily injury and $500,000 for property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. The City Clerk shall issue a receipt for such filing.

13-419 Review by governing body.

The Governing Body shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City to the Governing Body who may hear the matter and make final decisions.

13-420 Penalty.

Any person violating any provision of this Article shall be, upon conviction or a plea of guilty, subject to a fine not to exceed five hundred dollars ($500.00).