[Code 1980 §28-1; CC 1990 §23-1]
This Chapter shall be known and may be cited as the "Tree Ordinance
of the City of Florissant, Missouri".
[Code 1980 §28-2; CC 1990 §23-2; Ord. No. 5031, 6-12-1989]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The Director of Public Works of the City or his/her duly
appointed representative.
Any street upon which trucks are not prohibited.
The person owning such property as shown by the County Assessor's
plat of the County.
The entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the
public, as a matter or right, for purposes of vehicular traffic.
That part of a street or highway, not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
All woody vegetation now or hereafter growing on any public
area, except where otherwise indicated.
[Code 1980 §28-3; CC 1990 §23-3; Ord. No. 5031, 6-12-1989]
A.
Generally. The Director shall have the authority and jurisdiction
of regulating the planting, maintenance, trimming and removal of trees
and shrubs on streets and other publicly owned property to ensure
safety or preserve the symmetry of such public places.
B.
Supervision. The Director shall have the authority and it
shall be his/her duty to supervise or inspect all work done under
a permit issued in accordance with the terms of this Chapter.
C.
Condition Of Permit. The Director shall have the authority
to affix reasonable conditions to the grant of a permit in accordance
with the terms of this Chapter.
D.
Master Street Tree Plan. The Director shall have the responsibility
of administering a master street tree plan. The master street tree
plan shall specify the species of tree to be planted on each of the
streets or other public places of the City. From and after the effective
date of the master street plan or any amendment thereof, all planting
shall conform thereto.
1.
The
Director shall consider all existing and future environmental factors
when recommending a specific species for each of the streets or other
public places of the City.
2.
The
Director shall have the authority to amend or add to the master street
tree plan at any time that circumstances make it advisable.
E.
Arboricultural Specifications And Standards Of Practice. The Director shall have the authority to promulgate arboricultural
specifications and standards of practice governing the planting, preservation,
trimming, removal, fertilization and bracing of trees and shrubs on
the streets or other public places in the City.
1.
The
Director shall promulgate such arboricultural specifications and standards
of practice following approved principles supported by good judgment
and on the basis of existing local conditions.
2.
The
Director shall have the authority to modify, amend or extend the arboricultural
specifications and standards of practice at any time that experience
indicates improved methods or whenever circumstances make it advisable.
[Code 1980 §28-4; CC 1990 §23-4; Ord. No. 5031, 6-12-1989]
A.
Preserving Or Removing. No person shall treat, spray, fertilize,
preserve, trim, remove, cut above or below ground or otherwise disturb
any tree or shrub planted under the terms of this Chapter in any street
or City-owned property without first procuring a permit from the Director.
The person receiving the permit shall abide by the arboricultural
specifications and standards of practice adopted by the Director.
1.
Application data. The application required herein shall
state the number and species of trees to be treated, sprayed, fertilized,
preserved, trimmed, removed, cut or otherwise disturbed; the kind
of treatment to be administered; the composition of the spray material
to be applied; and such other information as the Director shall find
reasonably necessary to a fair determination of whether a permit should
be issued.
2.
Standards of issuance. The Director shall issue the permit
provided for herein if in his/her judgment the proposed work is desirable
and the proposed method and workmanship thereof are of a satisfactory
nature. Any permit granted shall contain an expiration date. The permit
shall be void if any of the terms or conditions are violated.
B.
Planting. No person shall plant or set out any tree or shrub
in any street or public place of the City without first filing an
application and procuring a permit from the Director. The person receiving
the permit shall abide by the arboricultural specifications and standards
of practice and the master street tree plan as adopted by the Director.
1.
Application data. The application required herein shall
state the number of trees or shrubs to be set out; the location, grade
and species of each tree or shrub; the method of planting; and such
other information as the Director shall find reasonably necessary
to a fair determination of whether a permit should be issued under
this Chapter.
2.
Standards for issuance. The Director shall issue the permit
provided for herein if in his/her judgment the proposed planting is
desirable and the proposed method thereof is of a satisfactory nature.
Any permit granted shall contain a definite expiration date and any
permit shall be void if its terms are violated.
3.
Improper planting. Whenever any tree or shrub shall be planted
or set out in conflict with the provisions of this Section, it shall
be lawful for the Director to remove or cause removal of the same;
and the exact cost thereof shall be assessed to the owner as provided
by law in the case of special assessments.
[Code 1980 §28-5; CC 1990 §23-5]
[Code 1980 §28-6; CC 1990 §23-6; Ord. No. 5031, 6-12-1989]
A.
The minimum
clearance of any overhanging portion of trees or shrubs thereof shall
be eight (8) feet over sidewalks and eleven (11) feet over all streets
except principal thoroughfares which shall have a clearance of fifteen
(15) feet.
B.
The City
shall trim trees and shrubs located in any street, highway or street
right-of-way. Trees and shrubs located on adjoining private property
shall be trimmed by their private owners.
C.
Should
any person owning real property bordering on any street fail to trim
trees or shrubs other than those located within any street, highway
or street right-of-way as herein provided, the Director shall order
such person, within ten (10) days after receipt of written notice,
to so trim such trees or shrubs.
[Code 1980 §25-1; CC 1990 §22-1; Ord. No. 4896 §1, 5-9-1988; Ord. No. 5494, 6-14-1993; Ord. No. 6699, 6-10-2002]
No bushes, shrubs or plantings exceeding a height of thirty-six (36) inches above the elevation of the roadway may be planted or maintained in the City of Florissant public right-of-way. Trees in this area must be trimmed so that the bottom branches are a minimum of eight (8) feet above the sidewalks and eleven (11) feet over all streets except principal thoroughfares which shall have a clearance of fifteen (15) feet in conjunction with Section 230.060(A).
[Code 1980 §28-7; CC 1990 §23-7; Ord. No. 5031, 6-12-1989]
Unless specifically authorized by the Director, no person shall
intentionally damage, cut, carve, transplant or remove any tree or
shrub; attach any rope, wire, nails or other contrivance to any tree
or shrub; allow any gaseous, liquid or solid substance which is harmful
to such trees or shrubs to come in contact with them; or set fire
or permit any fire to burn when such fire or the heat thereof will
injure any portion of any tree or shrub.
[1]
Cross Reference — Offenses against property generally,
§§210.280 et seq.
[Code 1980 §28-8; CC 1990 §23-8]
No spurs or climbers which injure the bark of a tree shall be
used as an aid to climbing such tree except when such tree is to be
removed.
[Code 1980 §28-9; CC 1990 §23-9; Ord. No. 5031, 6-12-1989]
No person shall hinder, prevent, delay or interfere with the
Director or any of his/her assistants while engaged in carrying out
the execution or enforcement of this Chapter; however, nothing herein
shall be construed as an attempt to prohibit the pursuit of any remedy,
legal or equitable, in any court of competent jurisdiction for the
protection of property rights by the owner of any property within
the City.
[Code 1980 §28-10; CC 1990 §23-10; Ord. No. 5031, 6-12-1991]
A.
All trees,
shrubs or plants on any street or other publicly owned property near
any excavation or construction of any building or structure shall
be guarded with a good substantial frame or box not less than four
(4) feet square and six (6) feet high; and all building material,
dirt or other debris shall be kept at least three (3) feet from such
trees or shrubs.
B.
No person
shall excavate any ditches, tunnels or trenches or lay any brick,
concrete, asphalt or other surface composed in part of either within
a radius of ten (10) feet from any public tree or shrub without first
obtaining a permit from the Director.
[Code 1980 §28-11; CC 1990 §23-11; Ord. No. 5031, 6-12-1989]
No person shall deposit, place, store or maintain upon any public
area of the City any stone, brick, sand, concrete or other materials
which may impede the free passage of water, air and fertilizer to
the roots of any tree or shrub growing therein, except by permit of
the Director.
