[Ord. No. 1044 §13-501, 8-14-2002]
For purposes of this Chapter, the following definitions shall apply to the listed terms:
- PARK TREES
- 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.
- SMALL TREES
- Trees, shrubs and other woody vegetation with a potential mature height of no more than twenty-five (25) feet.
- STREET TREES
- 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.
[Code 1974 §15-101; CC 2000 §13-501; Ord. No. 1044 §13-502, 8-14-2002]
The City is hereby authorized to regulate the planting, maintenance, treatment and removal of trees and shrubbery upon all streets, alleys, avenues, boulevards and parks within the City.
Editor’s Note: Former Section 240.030, Creation and Establishment, 240.040, Duties and Responsibilities, 240.050, Advisors, and 240.060, Meetings, Rules and Regulations, which derived from Ord. No. 856 § 1, 2-10-1993; Ord. No. 1044 §§ 13-503 – 13-506, 8-14-2002; Ord. No. 1122 § 1, 7-28-2004; Ord. No. 1388 § 1, 9-18-2013; Ord. No. 1436 § 1, 3-16-2016, were repealed 3-15-2017 by § I of Ord. No. 1453.
[Ord. No. 1044 §13-507, 8-14-2002; Ord. No. 1188 §1, 12-14-2005; Ord. No. 1436 §2, 3-16-2016; Ord. No. 1453 § I, 3-15-2017]
Official Street Tree Species To Be Planted. The following is a list of street trees species for Mission, Kansas. The Parks, Recreation, and Tree Commission is authorized to adopt regulations providing procedures and criteria for the approval of the planting of other species. These regulations may authorize, without specific written permission of the Commission, the planting of certain trees under specified conditions. The planting of any species not listed in this Section or those regulations shall be prohibited unless prior written authorization of the Commission is obtained.
[Ord. No. 1436 §3, 3-16-2016]
The following is a list of tree species that are prohibited as street trees.
Abies spp. (Fir).
Acer saccharinum (Silver Maple).
Albizia julibrissin (Mimosa).
Diospyros virginiana (Persimmon).
Elaeagnus angustifolia (Russian Olive).
Fraxinus (entire genus of Ash).
Maclura pomifera (Osage Orange fruited/thorned varieties).
Morus spp. (Mulberry).
Picea spp. (Spruce).
Pinus spp. (Pine).
Platanus acerifolia (London Plane-tree).
Populus spp. (Cottonwood).
Pyrus calleryana "Bradford" (Bradford Pear).
Salix spp. (Willow).
Edible fruit trees.
[Ord. No. 1044 §13-508, 8-14-2002; Ord. No. 1388 §2, 9-18-2013]
The following is a list of tree species that may not be planted or grown within the corporate limits of the City of Mission, Kansas:
[Ord. No. 1044 §13-509, 8-14-2002; Ord. No. 1453 § I, 3-15-2017]
No tree or shrub shall be planted within three (3) feet from any paved surface unless authorized by the Parks, Recreation and Tree Commission.
[Ord. No. 1044 §13-512, 8-14-2002; Ord. No. 1436 §4, 3-16-2016; Ord. No. 1453 § I, 3-15-2017]
Unless authorized by the Parks, Recreation, and Tree Commission, no trees other than those species defined as small trees in Section 240.010 may be planted or allowed to grow under or within ten (10) lateral feet of any overhead primary or secondary utility wire or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. No tree of the following species shall be planted or allowed to grow under or within thirty (30) lateral feet of any overhead primary or secondary utility wire:
[Ord. No. 1044 §13-510, 8-14-2002; Ord. No. 1436 §5, 3-16-2016]
No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners, or in the intersection of a public right-of-way, that the City determines is an obstruction to visibility or is otherwise a traffic hazard.
No tree, shrub or woody vegetation shall be planted within a distance of ten (10) feet from any fireplug.
[Ord. No. 1044 §13-511, 8-14-2002; Ord. No. 1436 §6, 3-16-2016; Ord. No. 1453 § I, 3-15-2017]
No trees, shrubs, woody vegetation or other landscape improvements over two (2) feet in height will be permitted on residential traffic islands or thoroughfare rights-of-way unless approved by the Parks, Recreation, and Tree Commission.
[Ord. No. 1044 §13-513, 8-14-2002; Ord. No. 1453 § I, 3-15-2017]
It shall be unlawful for any person to prevent, delay or interfere with the Parks, Recreation, and Tree Commission, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds as authorized in this Chapter.
Editor’s Note: Ord. No. 1453 also changed the title of this Section from “Interference With City Tree Board” to “Interference With Parks, Recreation, And Tree Commission.”
[Ord. No. 1044 §13-514, 8-14-2002; Ord. No. 1388 §3, 9-18-2013]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the City of Mission without first applying for and procuring a license. The license fee shall be ten dollars ($10.00) 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 twenty-five thousand dollars ($25,000.00) for bodily injury and ten thousand dollars ($10,000.00) property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. Each applicant shall also possess any other insurance required by State law.
[Ord. No. 1044 §13-515, 8-14-2002; Ord. No. 1453 § I, 3-15-2017]
The City Council shall have the right to review the conduct, acts and decisions of the Parks, Recreation, and Tree Commission. Any person may appeal any ruling or order of the Commission to the City Council who may hear the matter and make final decisions. The Parks, Recreation, and Tree Commission shall be represented and heard at the time of appeal.
[Code 1974 §15-102; Ord. No. 1044 §13-516, 8-14-2002]
The owners of property abutting on streets, alleys, avenues and boulevards shall have such title to and property in growing trees and shrubbery in the parking in front or to the side of such real estate between the curb line and the property line as to enable the owners in case of injury to or destruction of such trees, shrubbery and parking to recover from the person causing said injury or destruction the full damage which the abutting property in front of which they are situated may sustain by reason thereof and such abutting property owners shall all have the right of action in any court of competent jurisdiction to enjoin injury to or destruction of such trees, shrubbery and parking, except that no recovery or injunction shall be had against the City in the making of public improvements or in any other reasonable exercise of its authority over such streets, alleys, avenues or boulevards or over the trees and shrubbery located thereon.
[Code 1974 §15-103; Ord. No. 1044 §13-517, 8-14-2002; Ord. No. 1436 §7, 3-16-2016; Ord. No. 1453 § I, 3-15-2017]
It shall be unlawful for any person to cut, girdle, destroy or in any manner injure any shade tree or fruit tree standing or growing, wholly or partly, in or on any street, alley, or within any public park without the consent of the abutting landowner and the Parks, Recreation, and Tree Commission.
[Code 1974 §15-104; Ord. No. 1044 §13-518, 8-14-2002]
The owners, occupants or persons in charge of real estate in the City abutting public streets and avenues are required to cause all trees and shrubs growing and situated in front of such real estate, but within the boundary line of the streets or avenues and within the curb line thereof, and all trees and shrubs or branches or limbs thereof growing or situated on any such real estate which overhang any such street or avenue to be properly trimmed so as not to interfere with public travel upon the streets and sidewalks in front or abutting upon any such property. Trimming shall be done in a proper and scientific manner by an arborist as described in Section 240.140 of this Chapter or by a property owner or his/her agent. Any trees, shrubs or limbs projecting beyond the back of the curb line or the usual location thereof at a point less than twelve (12) feet above the street level are hazardous and interfere with the use of the streets and avenues. Any trees, shrubs or limbs projecting over any sidewalk or usually traveled pedestrian way, at a point less than eight (8) feet above the level thereof, are hazardous and interfere with the use of sidewalks and usually traveled pedestrian way.
[Code 1974 §15-105; Ord. No. 1044 §13-519, 8-14-2002; Ord. No. 1453 § I, 3-15-2017]
The owners, occupants or persons in charge of real estate abutting upon any public street or avenue in the City shall remove or cause to be removed all dead trees and shrubs or all dead limbs or branches on any trees or shrubs situated or growing in front of such real estate but within the boundary line of any such street or avenue and within the curb line thereof; or any dead tree or shrub or any dead limb or branch of any tree situated or growing upon any such real estate but overhanging any such street or avenue or sufficiently near thereto to become dangerous to the public traveling thereon or on any sidewalk, which the dead trees or dead limbs or branches thereof are or may become dangerous and a menace to public travel upon the streets and sidewalks in front of or abutting upon any such property. A property owner may request a replacement tree from the Parks, Recreation, and Tree Commission.
[Code 1974 §15-106; Ord. No. 1044 §13-520, 8-14-2002]
The Code Enforcement Officer is hereby authorized and directed, whenever in his/her opinion it becomes necessary, to notify, in writing, the owner of any such real estate to cause the trimming of any trees as required by Section 240.180 or to cause the removal of any dead trees or dead limbs or branches of any trees as required by Section 240.190 whenever in his/her opinion the same may be necessary, or if such owner cannot be found in the City, then to notify the occupant, agent or person in charge of the property in the same manner.
[Code 1974 §15-107; Ord. No. 1044 §13-521, 8-14-2002]
If within ten (10) days from the date of the service of the notice required by Section 240.200, the owner or occupant, agent or person in charge of such property shall fail to comply with the provisions of the notice, the person shall be deemed guilty of a violation of this Chapter, and the Code Enforcement Officer shall cause a complaint to be filed in the Municipal Court and the owner, occupant or person in charge of the property shall be prosecuted for the violation of the provisions of this Chapter, but failure to serve notice shall not relieve any person from complying with the provisions of Sections 240.180 and 240.190 and any violator thereof shall be punished whether notice is served or not.
[Code 1974 §15-109; Ord. No. 1044 §13-522, 8-14-2002; Ord. No. 1388 §4, 9-18-2013]
In addition to the other provisions of this Chapter, any tree which is not trimmed in accordance with the provisions hereof, or any dead tree or dead branch or limb of any tree which is not removed in accordance with the provisions hereof, or any other dead tree or dead branch or limb of any tree situated on any premises in the City which is or may become in danger of falling and injuring any person or property in the City is hereby declared a public nuisance, and if any such tree is not properly trimmed, or any dead tree or dead branch or limb of any tree is not removed within ten (10) days of written notice given to the owner, occupant, agent or person in charge of any such premises by the Code Enforcement Officer or within ten (10) days of mailing of such notice to the last known address of the responsible party or within ten (10) days of the publication of notice in the official City paper, then, and in any such event, the Community Development/Neighborhood Services Department shall cause the nuisance to be abated and removed and the cost thereof reported by that department to the City Clerk and assessed against the lot or piece of land upon which the same exists, or abutting the street or avenue upon which the same exists, and certified by the City Clerk to the County Clerk and collected as other taxes are collected.
[Code 1974 §15-110; Ord. No. 1044 §13-523, 8-14-2002]
Nothing in this Chapter shall be deemed to impair the right of the City to trim, protect or otherwise care for trees upon all public streets, avenues, boulevards, parks and other public grounds, and the Director of Public Works is hereby authorized and directed, whenever it may be necessary, to perform or to cause to be performed any such work.
[Code 1974 §15-201; Ord. No. 1044 §13-524, 8-14-2002]
Whenever any competent City, State or Federal authority, when requested by the Governing Body of the City, shall file with the Governing Body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the City are infected or infested with or harbor any tree or plant disease or insect pest or larvae, the uncontrolled presence of which may constitute a hazard to or result in damage or destruction of other trees or shrubs in the community describing the same and where located, the Governing Body shall direct the Code Enforcement Officer to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or remove any such designated tree, tree materials or shrub within a time specified in such notice. In no event shall the time specified in such notice be less than three (3) days. Such notice shall be served by the Code Enforcement Officer by delivering a copy thereof to the owner or agent of the property or if the same shall be unoccupied and the owner a non-resident of the City, then the Code Enforcement Officer shall notify the owner by mailing a notice to his/her last known address, the notice providing the non-resident owner at least ten (10) days in which to comply with the terms of this Chapter.
[Code 1974 §15-202; Ord. No. 1044 §13-525, 8-14-2002]
If the owner or agent shall fail to comply with the requirements of the notice required by Section 240.240 within the time specified in the notice, then the duly authorized officer of the City shall proceed to have the designated tree, tree materials or shrub treated or removed and report the cost thereof to the City Clerk and the cost of the treatment or removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree, tree materials or shrub was located. The City Clerk is hereby authorized upon determination of the amount to be assessed to any such lot or parcel of ground to furnish a written notice by United States mail to the last known address of the owner or agent of the amount of such assessment. The City Clerk shall, at the time of certifying other City taxes to the County Clerk, certify the unpaid cost to be so assessed and the County Clerk shall extend the same on the tax roll of the County against the lot or parcel of ground. The cost of the work shall be paid from the general fund or other proper fund of the City and the funds shall be reimbursed when payment thereof is received or when such assessments are collected and received by the City.
[Code 1974 §15-203; Ord. No. 1044 §13-526, 8-14-2002]
The Governing Body, after recommendation from the Tree Board, when it appears that there is or is likely to be a general infection or infestation of trees or shrubs within the City by tree or plant disease or insect pest or larvae resulting in damage to or the death of many trees or shrubs, may provide such preventive measures or treatments as may be necessary and may pay the cost from the general fund or other proper fund.
[Ord. No. 1044 §13-527, 8-14-2002]
Any person violating any provision of this Chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed twenty-five dollars ($25.00) for the first (1st) offense, fifty dollars ($50.00) for the second (2nd) offense, one hundred dollars ($100.00) for the third (3rd) offense, and one hundred dollars ($100.00) per day/per violation for the fourth (4th) and any further offenses. For the purposes of this Section, the number of offenses are calculated on an annual basis.