[R.O. 2014 §126.010; Ord. No. 1080 §1, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
As used in this Chapter, the following terms shall have these prescribed meanings:
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in public parks.
- PRIVATE COMMUNITY FOREST
- All trees within municipal boundaries but not owned by the City.
- PUBLIC COMMUNITY FOREST
- All street and park trees and other trees owned by the City as a total resource.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on dedicated City right-of-way on either side of all streets and avenues within the City.
- TREE CITY ADVISORY COMMITTEE CHAIRMAN
- The representative of the Tree City Advisory Committee and as such is responsible for administration of the community forestry program. This member shall make reports to the Mayor or Board of Aldermen.
[R.O. 2014 §126.020; Ord. No. 1080 §2, 6-24-2004; Ord. No. 1520 §1, 3-22-2012; Ord. No. 1537 §1, 6-14-2012]
It is the purpose of this Chapter to promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance and removal of trees, shrubs and other plants within the City of Marshfield, Missouri. All funds collected by the Tree City Advisory Committee will be utilized for the purpose of this Tree City Advisory Committee. It is also to advise the City of the management of the Marshfield community forest in a strong, healthy condition for today and the future of Marshfield.
Intent. It is the intent of the Board of Aldermen of the City of Marshfield that the terms of this Chapter shall be construed so as to promote the planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the public community forest. The protection of community residents from personal injury and property damage and the protection of the City of Marshfield from property damage caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within the public community forest.
[R.O. 2014 §126.030; Ord. No. 1080 §3, 6-24-2004; Ord. No. 1537 §1, 6-14-2012; Ord. No. 1703 §1, 5-26-2016]
There is hereby created and established a Tree City Advisory Committee for the City of Marshfield, Missouri, which shall consist of nine (9) members, who shall be appointed by the Mayor with the approval of the Board of Aldermen along with a representative from the Conservation Department as an ex officio member. Also, appointed shall be a representative of the Board of Aldermen. The composition of citizen membership of the Tree City Advisory Committee shall be no less than seventy-five percent (75%) residents of the City.
[R.O. 2014 §126.040; Ord. No. 1080 §4, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The nine (9) members, City representative (ex-officio) and a representative from the Conservation Department (ex-officio) shall be appointed annually by the Mayor with approval of the Board of Aldermen. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed to complete the remaining unfinished term.
[R.O. 2014 §126.050; Ord. No. 1080 §5, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The Tree City Advisory Committee shall serve without compensation.
[R.O. 2014 §126.060; Ord. No. 1080 §6, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
It shall be the responsibility of the Tree City Advisory Committee to study, investigate, counsel and develop and/or update annually and administer written plans (annual and long-range) for the care, replacement, maintenance and removal or disposition of the public community forest. Such a plan will be presented annually to the Mayor and Board of Aldermen and, upon their acceptance and approval, shall constitute the official comprehensive City tree plan for the City of Marshfield, Missouri.
The Tree City Advisory Committee, when requested by the Board of Aldermen, shall consider, investigate, make funding, report and recommend upon any special matter or question relating to trees.
[R.O. 2014 §126.070; Ord. No. 1080 §7, 6-24-2004; Ord. No. 1149 §1, 6-23-2005; Ord. No. 1537 §1, 6-14-2012]
The Tree City Advisory Committee shall annually elect one (1) Chairman, one (1) Vice Chairman, one (1) Secretary, one (1) Treasurer and one (1) Education Chairman who shall serve for a term of one (1) year. No Chairman or Vice Chairman shall serve for more than two (2) consecutive years. The Committee shall keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. A copy of all minutes shall be submitted to the City Clerk within a reasonable period of time.
[R.O. 2014 §126.080; Ord. No. 1080 §8, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The Tree City Advisory Committee shall create and maintain an extensive list of recommended trees for planting in public areas for the City of Marshfield, Missouri. The purpose of this listing will be to maintain diversity in the total tree population. This list shall be available to residents of the City upon request to aid in the selection of trees for private and public properties. The list of recommended trees shall be updated periodically by the Tree City Committee to reflect new developments or species that will affect the population of the public community forest. A current list shall be available at Marshfield City Hall.
[R.O. 2014 §126.090; Ord. No. 1080 §9, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Street trees may be planted in the tree lawn where there is no less than nine (9) feet between the edge of the sidewalk and the curbs or curb lines of the street. Street trees shall be planted no closer than three (3) feet from a sidewalk, driveway or street.
No street tree shall be planted closer than thirty (30) feet from any street corner measured from the point of the nearest intersection of curbs or curb lines or within twenty (20) feet from a stop sign.
No street tree shall be planted closer than ten (10) feet from any fire hydrant.
Any person planting a street tree shall take appropriate action to ensure that such planting will not interfere with, damage or destroy underground utilities and will not interfere with regular maintenance, repair, etc., of underground and overhead utilities.
Street trees considered for planting within ten (10) feet of any point on a line on the ground immediately below any overhead utility wire shall be trees that reach a maturity height of less than twenty (20) feet as specified in the recommended tree list.
[R.O. 2014 §126.100; Ord. No. 1080 §10, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The City may plant, prune, maintain and remove trees, plants and shrubs within the public community forest. All tree pruning and removal will be done in accordance with the most current ANSI A300 Tree Shrub and Other Woody Plant Maintenance — Standard Practices.
The City may remove or cause or order to be removed any portion of the public community forest which is in an unsafe condition or which by reason of its nature is injurious to electric power lines or other public improvements or is seriously affected with any fatal disease in accordance with the most current ANSI A300 Tree Shrub and Other Woody Plant Maintenance — Standard Practices.
[R.O. 2014 §126.110; Ord. No. 1080 §11, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Any person who shall cut, deface, damage, drive nails or nail signs onto or in any manner damage or interfere with the grown in the public community forest shall be punished according to Section 126.170.
[R.O. 2014 §126.120; Ord. No. 1080 §12, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Unless otherwise justified by this Chapter, no person or persons shall remove any tree from the public community forest without obtaining permission from the City of Marshfield to replace such tree or trees in the vicinity of the removed tree. The selection of trees shall be determined by the Tree City Advisory Committee in accordance with regulations considering the species, location, size and condition of trees adopted by the Tree City Advisory Committee. In the event the removed tree or trees cannot or are not replaced, the Tree City Advisory Committee shall determine compensatory payment to be made by the person or persons removing such tree or trees with appeals to be made to the Board of Aldermen. Such compensatory payment shall be paid to a fund established by the City and used solely for the purpose of enhancing the community forest.
[R.O. 2014 §126.130; Ord. No. 1080 §13, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
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, rounding off or pollarding" is defined as the systematic cutting back of limbs 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 Section.
[R.O. 2014 §126.140; Ord. No. 1080 §14, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight (8) feet must be maintained over walkways and a clearance of sixteen (16) feet must be maintained over streets and alleys.
[R.O. 2014 §126.150; Ord. No. 1080 §15, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
The City shall have the right to cause to be removed any public tree within the City that is dead or has been declared hazardous. "Hazard trees" are defined as trees with severe structural defects.
[R.O. 2014 §126.160; Ord. No. 1080 §16, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
It shall be unlawful for any person to prevent, delay or interfere with the City of Marshfield or any of its representatives or agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees within the public community forest.
[R.O. 2014 §126.170; Ord. No. 1080 §17, 6-24-2004; Ord. No. 1537 §1, 6-14-2012]
Any person, firm or corporation violating any provision or fails to comply with any notice issued pursuant to the provisions of this Chapter shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.
[R.O. 2014 §126.180; Ord. No. 1537 §1, 6-14-2012]
The City Administrator is hereby charged with the responsibility for the enforcement of this Chapter and may serve notice to any person, firm, or corporation in violation thereof, or institute legal proceedings as may be required and the City Attorney is hereby authorized to institute appropriate proceedings to that end.