City of Troy, Kansas                                  Created Jan 14, 2011

ORDINANCE NUMBER 494

 AN ORDINANCE OF THE CITY OF TROY,KANSAS, REGULATING, PURSUANT TO K.S.A. 12-3201, THE PLANTING, MAINTENANCE, TREATMENT AND REMOVAL OF TREES AND SHRUBBERY UPON THE STREETS AND ALLEYS OF THE CITY OFTROY; ESTABLISHING A BOARD OF PARK COMMISSIONERS; PROVIDING PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; AND REPEALING ORDINANCE NUMBER 467 OF THE CITY OFTROY,KANSAS.

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

            Section One:   Definitions.     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 all streets, alleys and other public ways within the City of Troy, Kansas.  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 Troy, Kansas, or to which the public has free access as a park.

            Section Two:  Creation and Establishment of a Board of Park Commissioners.  Pursuant to K.S.A. 12-3201 there is hereby created and established a Board of Park Commissioners, hereinafter referred to as the Board, for the City of Troy, Kansas, which shall consist of five members, who shall be citizens and residents of the City ofTroy, and who shall be appointed by the Mayor with the approval of the council.

            Section Three:  Term of Office.  The term of office of the five persons to be appointed to the Board by te Mayor shall be three years except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be two years.  In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

            Section Four:  Compensation.  Members of the Board shall serve without compensation.

            Section Five:  Duties and Responsibilities.  It shall be the responsibility of the Board to study, investigate, and counsel and 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 streets and in other public areas.  Such plan will be presented annually t the governing body and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Troy, Kansas.  The Board, when requested by the governing body, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

            Section Six:  Operation.  The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings.  A majority of the members shall constitute a quorum for the transaction of business.

            Section Seven:  Street Tree Species to be planted.  The following list constitutes the official street tree species for the City of Troy, Kansas.  No species other than those included in this list may be planted as street trees without written permission of the Board. 

Small Trees                                          Medium Trees                         Large Trees

Apricot                                                Ash, Green                             Coffeetree,Kentucky

Crabapple, Flowering                             Hackberry                               Maple, Silver

Goldenrain tree                                     Honey locust (thornless)           Maple, Sugar

Hawthorn                                              Lindenor Basswood                 Oak, Bur

Pear,Bradford                                       Mulberry, Red                          Sycamore

Redbud                                                (fruitless, male)                        Sycamore,London

Soapberry                                            Oak, English                                       plane tree

Lilac, Japanese Tree                             Oak, Red                                Cottonwood

Peach, Flowering                                  Pagodatree, Japanese                          (cottonless, male)

Plum, Purple leaf                                   Pecan

Serviceberry                                          Birch, River

                                                            Osage orange,

                                                                        (male, thornless)

                                                            Persimmon

                                                            Poplar, White

                                                            Sassafras

            Section Eight:  Spacing.  The spacing of street trees will be in accordance with the three species size classes listed in Section Seven of this ordinance 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 professional landscape architect.

            Section Nine:  Distance from Curb and Sidewalk.  The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree species size classes listed in Section Seven of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following:  Small trees, 2 feet; medium trees, 4 feet; and large trees, 4 feet.

            Section Ten:    Distance from Street Corners and Fireplugs. No street tree shall be placed within 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted within 10 feet of any fireplug.

            Section Eleven:  Utilities. No street trees other than those species listed as small trees in Section Seven of this ordinance may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility line.

            Section Twelve:  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, and other public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.  The Board may remove or cause or order to be removed, any tree or shrub or any part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewer lines, electric power lines, gas lines, water lines or other public improvements; which is dead or appears to be dying; which is infected with or harbors any tree or plant disease or injurious fungus, or insect pest or larvae; which is an obstruction to the fair, reasonable and safe view of operators of vehicles upon the streets and alleys at any intersection thereof.  This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections Seven through Eleven of this ordinance. 

            Section Thirteen:  Tree Topping.  It shall be unlawful for any person, firm or city department to top any street tree, park tree or other tree on public property.  Topping defined as the severe cutting back of limbs to stubs larger than three 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 exempted from this ordinance at the determination of the Board.

            Section Fourteen:  Pruning, Corner Clearance.  Every property owner having any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 8 feet above the surface of the street or sidewalk.  Said property owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.  The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

            Section Fifteen:  Dead or Diseased Tree Removal on Private Property.   The Board 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.  If upon inspection and determination of the Board that any conditions exist within said city which violate the regulations contained in this ordinance or the provisions of K.S.A. 12-3201, the Board shall cause the City Clerk to notify the owner of the property upon which such condition exist, of the existence of the conditions violating the provisions of this ordinance or K.S.A. 12-3201.  In the absence of said owner from the city, then said notice shall be given in writing to said owner or occupant, and may be given either by the City Marshall personally delivering a copy of said notice to said owner or occupant, or by mailing the same to the said owner or occupant at his last known address by certified mail.  It shall then be the duty of the owner of said property to abate the conditions violating the regulations contained in this ordinance, at their own expense, within 60 days after the receipt of said notice.  Any owner who deems himself aggrieved by the action of the Board may appeal to the governing body of the city within 5 days after the receipt of said notice by filing a written statement to that effect that he is aggrieved and desires to be heard by the governing body, which appeal shall be heard by the governing body at its next regular scheduled meeting following the filing of said statement by the property owner.  The governing body may affirm, rescind or modify the abatement order.

            Section Sixteen:  Failure of Owner to Abate Conditions.  In the event that the conditions which violate the regulations contained in this ordinance are not abate by the property owner within the above mentioned time, the City of Tory shall abate said conditions either by its own employees or by contract with private individuals.  The City Clerk shall keep an accurate account of the cost of such work, and the cost of the work of the treatment, maintenance, or where necessary, removal of trees and shrubbery, shall be assessed the abutting property as a special assessment, such costs to be certified by the City Clerk to the County Clerk of Doniphan County, Kansas, with other lax levies of the City of Troy.

Section Seventeen:  Interference with City or Board.  It shall be unlawful for any person to present, delay, impede, obstruct or otherwise interfere with the City of Troy, the Board, or any of their agents, or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees or park trees as authorized by this ordinance or while performing work to abate any other conditions which violate the regulations provided for in this ordinance. 

            Section Eighteen:  Arborists License and Bond.  It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the City of Troy without first applying for and procuring a license.  The license fee shall be Twenty-Five Dollars ($25.00) annually in advance, provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $25,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

            Section Nineteen:  Penalty.  Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $100.00.

            Section Twenty:  Ordinance Number 467 of the City of Troy, Kansas, is hereby repealed.

            Section Twenty-One:  This ordinance shall be in full force and effect from and after its publication in “The Kansas Chief”.

            Passed by the council and approved by the Mayor this 1^st day of November, 1977.

                                                                                    Clarence E. Blake, /s/

                                                                                    Mayor

Attest:

Jacqueline S. Bembrick, /s/

City Clerk

(SEAL)