[Ord. No. 05-036 §1, 9-26-2005; Ord. No. 05-042 §1, 10-24-2005]
There is hereby created a Park and Recreation Board in the City
of Herculaneum, Missouri. The Directors of the Park and Recreation
Board shall be appointed by the Mayor, subject to the consent of the
Board of Aldermen, and shall consist of nine (9) members. Directors
appointed to the Park and Recreation Board must be citizens and shall
have been residents of the City for at least two (2) years immediately
prior to their appointment.
[Ord. No. 05-036 §2, 9-26-2005; Ord. No. 05-042 §2, 10-24-2005]
No Director of the Park and Recreation Board shall receive compensation
as such.
[Ord. No. 05-036 §3, 9-26-2005; Ord. No. 05-042 §3, 10-24-2005]
The Park and Recreation Board shall, immediately after the appointment
of Directors, meet and organize by the election of one (1) member
as President and such other officers as the Directors may deem necessary.
The Board shall make and adopt such bylaws, rules and regulations
for its own guidance and for the government of the parks and proceedings
as may be expedient, not inconsistent with this Article and with the
Revised Statutes of Missouri.
[Ord. No. 05-036 §4, 9-26-2005; Ord. No. 05-042 §4, 10-24-2005]
The Park and Recreation Board shall not have the power to employ
persons on behalf of the City of Herculaneum. Any employees that may
be assigned to parks and recreation shall be determined by the City
Board of Aldermen.
[Ord. No. 05-036 §5, 9-26-2005; Ord. No. 05-042 §5, 10-24-2005]
A.
The President
of the Park and Recreation Board shall present to the Board of Aldermen
an annual report. Such report shall be presented at the first (1st)
meeting of the Board of Aldermen in May of each year. Such report
shall consist of the following:
1.
A proposed
park and recreation budget for the coming year.
2.
Recommendations
for improving the park and recreation program and facilities.
3.
An annual
planned program for the use of the parks and recreation facilities
and areas.
4.
Such
other statistics, information and suggestions as the Board of Directors
may deem to be of general interest.
[Ord. No. 05-036 §6, 9-26-2005; Ord. No. 05-042 §6, 10-24-2005]
The Mayor may, by and with the consent of the Board of Aldermen,
remove any member of the Park and Recreation Board for misconduct
or neglect of duty.
[Ord. No. 05-036 §7, 9-26-2005; Ord. No. 05-042 §7, 10-24-2005]
Vacancies in the Park and Recreation Board occasioned by removal,
resignation or otherwise, shall be reported to the Board of Aldermen
and shall be filled in like manner as original appointments, except
that the term of office is restricted to the unexpired term of office.
[Ord. No. 05-036 §8, 9-26-2005; Ord. No. 05-042 §8, 10-24-2005]
The members of the Park and Recreation Board shall hold their
respective offices following their appointment. The initial members
shall be appointed in such a fashion that the terms are staggered
such that three (3) of the initial members shall be appointed for
a term of three (3) years, three (3) of the initial members shall
be appointed for a term of two (2) years and three (3) of the initial
members shall be appointed for a term of one (1) year. Thereafter,
each person shall serve a term of three (3) years.
[Ord. No. 010-2007 §1, 6-25-2007]
As used in this Article, the following terms shall have these
prescribed meanings:
The City of Herculaneum, Missouri.
The ex officio public employee member of the Tree Board.
Trees, shrubs, bushes and all other woody vegetation in public
parks.
All trees within municipal boundaries but not owned by the
City.
All street and park trees and other trees owned by the City.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines on either side of all streets and
avenues within the City.
The cutting of limbs within a tree's crown to such a degree
that the normal canopy is removed.
[Ord. No. 010-2007 §2, 6-25-2007]
There is hereby created a City Tree Board for the City which
shall consist of six (6) members. Five (5) of the members shall be
residents of the City at large and shall be appointed by the Mayor
with the approval of a majority of the Board of Aldermen. The sixth
(6th) member shall be the City Administrator who shall be an ex officio
member and who shall serve as the "community forest manager".
[Ord. No. 010-2007 §3, 6-25-2007]
The five (5) persons appointed to the City Tree Board by the
Mayor with approval of the Board of Aldermen shall serve three (3)
year terms, except that two (2) of the members appointed to the first
(1st) City Tree Board shall serve for (1) year terms and of two (2)
other members appointed to the first (1st) City Tree Board shall serve
for two (2) year terms. In the event that a vacancy shall occur during
the term of any member, a successor shall be appointed in the same
manner as his or her predecessor and shall serve for the duration
of the predecessor's term.
[Ord. No. 010-2007 §4, 6-25-2007]
All members of the City Tree Board shall serve without compensation
for their services on said Board.
[Ord. No. 010-2007 §5, 6-25-2007]
A.
It shall
be the responsibility of the City Tree Board to study, investigate,
counsel and develop, update annually and administer written plans,
both annual and long-range, for the care, replacement, maintenance
and removal or disposition of trees and shrubs which constitute part
of the public community forest. Such plans, both the annual plan and
the long-range plan or plans, shall be presented annually to the Board
of Aldermen of the City and upon acceptance by a majority of the Board
of Aldermen shall constitute the comprehensive tree plan for the City.
B.
The City
Tree Board, when requested by the Board of Aldermen of the City, shall
consider and investigate any special matter or questions relating
to trees presented to the City Tree Board by the Board of Aldermen
and shall make findings, reports and recommendations to the Board
of Aldermen when requested to do so by that body.
[Ord. No. 010-2007 §6, 6-25-2007]
The City Tree Board shall have the power to choose its own officers
and make its own rules and regulations regarding its operation; however,
it shall keep a journal of its proceedings. A majority of the City
Tree Board shall constitute a quorum for the transaction of City Tree
Board business. A majority vote of a quorum shall be required to adopt
or pass any measure. Any action by the City Tree Board is subject
to approved of the Board of Aldermen.
[Ord. No. 010-2007 §7, 6-25-2007]
The City shall maintain a list of recommended trees for planting
in public areas. The list of recommended trees shall be crafted by
the City Tree Board such that it will foster diversity in the total
tree population of the City. The list of recommended trees shall be
made available to the public. The City Tree Board can satisfy the
requirement set forth in the foregoing sentence by posting a copy
of the list of recommended trees in a conspicuous place in the City
Hall Building. The list of recommended trees shall be updated by the
City Tree Board when such Board, in its discretion, deems that an
updated list of recommended trees is needed to reflect new developments
or species that will affect the population of the public community
forests.
[Ord. No. 010-2007 §8, 6-25-2007]
A.
Street
trees may be planted in the tree lawn where there is no less than
six (6) feet between the edge of the sidewalk furthest from the curb
of the street and the curb of the street. Street trees shall be planted
no closer than three (3) feet from a sidewalk, driveway or street
area.
B.
No street
tree shall be planted closer than ten (10) feet from any fireplug.
C.
Permission
shall be obtained from the community forest manager before a street
tree is planted within ten (10) feet of any point on a line on the
ground immediately below any overhead utility wire.
[Ord. No. 010-2007 §9, 6-25-2007]
A.
The City
shall have the right to plant, prune, maintain and remove trees, plants
and shrubs within the rights-of-way or bounds of all streets, alleys,
lanes, squares and public grounds as may be necessary to insure public
safety or when such trees, plants and shrubs interfere with the flow
of automobile or pedestrian traffic or interfere with the City's access
to such rights-of-way or bounds. All tree pruning and removal performed
by the City or its agents shall be done in accordance with the most
current ANSI A300 Tree Shrub and Other Woody Plant Maintenance —
Standard Practices.
B.
The City
may remove or cause or order to be removed any tree or part thereof
which is part of the public community forest and 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 afflicted
with any fatal disease.
[Ord. No. 010-2007 §10, 6-25-2007]
A.
In the
absence of permission from the City Tree Board, no private individual
or entity shall remove any part of the public community forest.
B.
A private
individual or entity shall obtain permission from the City Tree Board
before he, she or it shall remove any tree which is a part of the
public community forest. The individual or entity which removes the
tree shall replace such tree with a tree or trees of equivalent dollar
value in the vicinity of the removed tree. The replacement tree or
trees shall be planted, to the extent possible, at or near the location
of the removed tree.
C.
For purposes
of this Section, the value of the removed tree shall be determined
by the community forest manager. The community forest manager shall,
in determining the value, take into account any regulations or recommendations
promulgated by the City Tree Board which may take into account species,
location, size and condition of the trees.
D.
If there
is no suitable location for planting a replacement tree or trees at
or near the location of the removed tree, the individual or entity
which removed tree shall make a compensatory payment to the City for
the value of the removed tree, which shall be deposited into the Community
Forest Fund as established by the following Section. If the replacement
tree or trees are of lesser value than the removed tree, the individual
or entity which removed the tree shall make a compensatory payment
to the City equal to the difference in value between the tree removed
and the replacement tree or trees, which shall likewise be deposited
into the Community Forest Fund.
[Ord. No. 010-2007 §11, 6-25-2007]
The community forest manager shall establish a Community Forest
Fund, the monies in which shall be used for enhancing the public community
forest, as well as the private community forest, in accordance with
the recommendations made by the City Tree Board. The community forest
manager shall be the Treasurer of the Community Forest Fund and shall
provide annually to the Board of Aldermen an accounting showing the
amounts deposited into the Community Forest Fund, as well as expenditures
made from the fund. The community forest manager shall oversee efforts
to solicit donations to the Community Forest Fund.
[Ord. No. 010-2007 §12, 6-25-2007]
No private individual or entity shall top any tree which is
part of the public community forest without permission from the City
Tree Board. Any decision of the Tree Board may be appealed by filing
a notice of appeal within fifteen (15) days of the denial with the
Board of Aldermen.
[Ord. No. 010-2007 §13, 6-25-2007]
A person owning real property in the City having thereon a tree
whose limbs overhand any public walkway shall trim such tree at a
clearance of eight (8) feet from the public walkway to the lowest
limb or limbs. Any person owning real property in the City having
thereon a tree whose limbs overhand any public street or alley shall
trim such tree at a clearance of twelve (12) feet from the public
walkway to the lowest limb or limbs.
[Ord. No. 010-2007 §14, 6-25-2007]
Any person, firm, corporation or other entity which violates
any provision of this Article shall, upon conviction, be punished
by a fine not exceeding five hundred dollars ($500.00).
